On April 17, 2025, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively the “Services”) published a notice in the Federal Register of a proposed rulemaking that would rescind the regulatory definition of “harm”
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PJM Files Reliability Resource Initiative at FERC Requesting Expansion of Transition Cycle #2 for Reliability Resources
Overview
On December 13, 2024, PJM Interconnection, L.L.C. (“PJM”), filed with the Federal Energy Regulatory Commission (“Commission”) a modification to Part VII of its Open Access Transmission Tariff (“Tariff”), adding provisions to enable a one-time reliability-based expansion of the eligibility…
U.S Fish and Wildlife Service Proposes to List the Monarch Butterfly as Threatened, Seeks Comments on Developing a Final Rule
On December 12, 2024, the U.S. Fish and Wildlife Service (the “Service”) published notice in the Federal Register of a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act (“ESA”). The proposed rule…
PG&E Proposes New Electric Rule No. 30 for Transmission Level Electric Retail Service in Response to Rapid Increase in Transmission Level Demand and Data Centers
On November 21, 2024, Pacific Gas & Electric Company (PG&E) filed an application at the California Public Utilities Commission (CPUC or Commission) seeking approval of a new Electric Rule No. 30 (Electric Rule 30) to address the interconnection of non-residential…
FERC Issues Order Expanding Findings Related to Non-Independent Directors and Affiliation
On September 6, 2024, the Federal Energy Regulatory Commission (FERC or Commission) issued an order finding that the presence of a non-independent director, i.e., one who is affiliated with an investor, on the board of directors of a public utility…
Oregon Energy Facility Siting Council Finalizes Rulemaking to Clarify Contested Case Procedures for Energy Projects
The Oregon Energy Facility Siting Council (EFSC) recently finalized rules clarifying its contested case procedures for energy project siting. These updates aim to improve clarity, align procedures with broader administrative rules, and address participation criteria for stakeholders. A contested case…
CAISO Interconnection Process Enhancements Proposal Faces Protest at FERC
CAISO’s Interconnection Process Enhancements proposal faces protests from independent power producers, clean energy organizations, and renewable energy developers at FERC. Challengers claim that CAISO’s scoring criteria provide undue influence to load-serving entities (LSEs) and may violate principles of open access.…
U.S. Fish and Wildlife Service Issues Final Rule Affecting Take Permits Under the Endangered Species Act
This post was co-authored by Stoel Rives summer associate Ryan Laws.
On April 12, 2024, the U.S. Fish and Wildlife Service (Service) published notice in the Federal Register of a final rule (89 Fed. Reg. 26070) that amends regulations regarding the…
Council on Environmental Quality Publishes Final Rule Substantially Amending NEPA
This post was co-authored by Stoel Rives summer associate Connor McRobert.
On May 1, 2024, the White House Council on Environmental Quality (CEQ) published notice in the Federal Register of a final rule amending its regulations implementing the National Environmental Policy…
Federal Energy Regulatory Commission Issues Long-Awaited Transmission Planning and Cost Allocation Final Rule
On May 13, 2024, at a special transmission reform meeting, the Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 1920 “Building for the Future Through Electric Regional Transmission Planning and Cost Allocation” (Final Rule).[1] The Final…