The energy industry has been at the forefront of the 2020 election, and energy development is an issue that polarizes Americans and our businesses and political leaders in choosing the path for the future. Energy developments are inextricably linked to
Energy and Environmental Trends Watch
Energy and Environmental Trends Watch, published by Blank Rome, covers legal developments and regulatory updates in the energy and environmental sectors. The blog addresses topics such as federal energy regulatory decisions, environmental impact assessments under laws like NEPA, executive orders affecting energy policy, and state-level regulations on chemicals like PFAS. It also discusses litigation and policy challenges related to climate change, infrastructure projects, and energy development initiatives. The content is aimed at professionals interested in the intersection of energy law, environmental compliance, and governmental policy shifts.
Latest from Energy and Environmental Trends Watch - Page 4
CFTC Issues Guidance Regarding Factors to Be Used in Evaluating Corporate Compliance Programs
Mark R. Haskell, George D. Billinson, and Lamiya N. Rahman On September 10, 2020, the Commodity Futures Trading Commission’s (“CFTC” or “the Commission”) Division of Enforcement (“the Division”) issued guidance for CFTC staff on the factors to be considered when evaluating compliance programs…
Exports, Eminent Domain, and the “Public Convenience and Necessity”: FERC Weighs In
Mark R. Haskell, Brett A. Snyder, and Jane Thomas On September 3, 2020, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an Order on Remand from the U.S. Court of Appeals for the District of Columbia Circuit, providing a more…
FERC’s Final PURPA Rule May Significantly Alter the Landscape for Qualifying Facilities
Brett A. Snyder, Frederick M. Lowther, and Jane Thomas On July 16, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued Order No. 872 (“Order”), a final rule that significantly revised its rules implementing the Public Utility Regulatory Policies…
D.C. Circuit Upholds FERC’s Rules Encouraging Electric Storage Participation in Wholesale Markets
Brett A. Snyder, Lamiya N. Rahman, and Jane Thomas On July 10, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied challenges1 to the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) final rule on electric…
Breaking with Precedent, D.C. Circuit Holds FERC Lacks Authority to Issue Tolling Orders under the Natural Gas Act
Mark R. Haskell, Brett A. Snyder, and Lamiya N. Rahman On June 30, 2020, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) struck down the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) practice of issuing tolling…
Energy Infrastructure Today: Permitting & FERC Case Law Updates
Margaret Anne Hill, Brett A. Snyder, Lamiya N. Rahman, Frank L. Tamulonis III, and Stephen C. Zumbrun Stakeholders in the U.S. infrastructure industry should note that ongoing litigation and new court decisions issued in the first half of 2020 are reshaping the…
FERC Establishes Revised ROE Methodologies for Public Utilities and Pipelines
Mark R. Haskell, Brett A. Snyder, and Lamiya N. Rahman On May 21, 2020, the Federal Energy Regulatory Commission (“FERC”) issued two orders addressing methodologies for analyzing the base return on equity (“ROE”) components of rates of FERC-regulated entities. In Opinion No.…
CWA Update: Two Recent Cases Impact CWA Permitting and Enforcement
Margaret Anne Hill, Frank L. Tamulonis III, and Stephen C. Zumbrun Two recent cases have the potential to dramatically alter the state of permitting and enforcement under the federal Clean Water Act (“CWA”) with far reaching implications to energy infrastructure…