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Knowledge Center
March 2025
Trump Administration Launches Comprehensive Review of Clean Water Act Definition for "Waters of the United States" (WOTUS)
PFAS Reporting Requirements Persist Amid EPA Deregulation
Supreme Court Limits Clean Water Act Permit Requirements in
San Francisco v. EPA
February 2025
The Future of NEPA Implementation Without CEQ Regulations
Rundown on Recent Executive Orders on Federal Funding and Legal Issues
January 2025
Changes Ahead for NEPA Implementation Under President Trump's Energy Dominance Executive Order
PHMSA Suggests Tighter CO
2
Pipeline Safety Regulations Amid Growing Infrastructure for Carbon Capture
December 2024
Three-Plus-Year Investigation Results in Blockbuster Show Cause Order from FERC
FERC's Annual Enforcement Report – Understanding Trends and Preparing for an Uncertain Future
November 2024
D.C. Circuit Throws Out Over 40 Years of NEPA Regulation
October 2024
EPA and California Move to Further Regulate PFAS Chemicals
September 2024
FERC Finds Williams' Louisiana Energy Gateway System Will Not Be Jurisdictional
Ninth Circuit: Physical Presence on Tribal Land Not Required for Tribal Jurisdiction Over Nonmember
Following
Jarkesy
, FERC Signals Sea Change in Enforcement
June 2024
Congress Passes ADVANCE Act to Accelerate Deployment of Advanced Nuclear Reactors
Key Farm Bill Reauthorization Priorities Officially Laid on the Table
May 2024
Treasury Proposes Clean Electricity Tax Guidance
CEQ Finalizes "Phase 2" Revisions to NEPA Implementing Regulations
April 2024
EPA Finalizes Major Power Plant Rules
EPA Finalizes Chemical Risk Evaluation Rule to Enhance Protection of Public Health
Administration Finalizes Revised Endangered Species Act Regulations
EPA Heavy Truck Standards to Drive Down GHG Emissions
March 2024
FERC Moves Forward with First-Ready, First-Served Generator Interconnection Process
EPA Files Record Climate Enforcement Action Against Corporate HFC Importer
FERC Issues a Notice of Inquiry Considering Natural Gas Pipelines' Packaging of Noncontiguous Capacity in Auctions
EPA Finalizes Groundbreaking Multipollutant Standards for Passenger Vehicles
Enhanced Oversight of Orphaned Oil and Gas Infrastructure May Lead to Litigation Risk
SEC Issues Climate Disclosure Rules
EPA Tightens the Fine Particulate Matter Standard
EPA Strengthens Risk Planning and Management Requirements for Industry
February 2024
EPA Emphasizes its Criminal Enforcement Program
FERC Announces Changes in Enforcement Procedures
January 2024
Antitrust Enforcement Agencies Continue Focus on Corporate Use of Third-Party Communication Apps
Department of Energy Freezes Review of Applications to Export Liquefied Natural Gas
EPA Proposes Rules to Implement IRA Methane Fee Provisions
FY2023 FERC Actions Signal Potential Uptick in Enforcement Actions
December 2023
Biden-Harris Administration Debuts Inaugural Ocean Justice Strategy
Report Highlights Need for More Robust Corporate Record-Retention Strategy
EPA Finalizes Methane Regulations for Oil and Gas Sector
November 2023
Taking Stock of a Big Month for Methane Policy
October 2023
DOJ Issues First-Ever Environmental Justice Enforcement Strategy Report
DOJ Announces New Policy on Voluntary Self-Disclosures in M&A Transactions
September 2023
U.S. Supreme Court's
Sackett
Decision Prompts Conforming WOTUS Rule
August 2023
New EPA Enforcement Priorities Target Climate Change, PFAS Contamination, and Coal Ash Impoundments
FERC Reforms Generator Interconnection Procedures
Biden Administration Announces Proposed Phase Two NEPA Regulations
July 2023
Supreme Court Rules Against Navajo Nation in Tribal Water Rights Case
June 2023
Administration Continues Overhaul of Endangered Species Act Regulations
SCOTUS Issues Two Significant Decisions Impacting Tribal Sovereignty
Permitting Reform Package Passes as Part of Debt Ceiling Deal
May 2023
Biden Administration Issues Long-Anticipated Environmental Justice Executive Order
U.S. Supreme Court Narrows WOTUS, Limiting Scope of Clean Water Act
PHMSA Proposes to Require Gas Pipelines to Implement Advanced Leak Detection Programs
EPA Releases Landmark Greenhouse Gas Standards for Power Plants
April 2023
FERC Reauthorizes Texas LNG, Rio Grande LNG Projects
Stringent New Vehicle Standards Proposed by EPA
March 2023
Reducing Smog in Downwind States: EPA Finalizes "Good Neighbor Plan"
EPA Proposes Tighter Wastewater Discharge Standards for Coal-Fired Power Plants
February 2023
Biden Executive Order 14091 Strengthens Equity for Federal Agencies
White House Climate and Environmental Justice Screening Tool
DOE Issues Draft Guidelines for Maintaining and Enhancing Hydroelectricity Incentives
January 2023
UPDATED: Biden Administration Redefines "Waters of the United States," Expanding Regulation Under Clean Water Act
CEQ Issues Updated NEPA Guidance on GHG Emissions
2023 Congressional Calendar
December 2022
Backstop Siting: FERC Issues Notice of Proposed Rulemaking
FERC Approves the Spire STL Pipeline, Ensuring Continued Operations
EPA Proposes Updated RFS Volume Requirements and a New RFS Credit Market for Electric Vehicles
TSA Requests Input from Pipeline and Rail Sectors on Cyber Risk Management to Inform New Regulations
Midterm Election Update: Impact on Committees in the 118th Congress
November 2022
EPA Proposes More Stringent Methane Regulations for Oil and Gas Facilities
Mitigating the Rising Risk from Corporate Use of Third-Party Apps
Midterm Election Update: Thin Majorities Continue to Create Uncertainty
BOEM's First Offshore Wind Lease Sale on the West Coast
October 2022
FERC Expands Definition of Affiliate Relationship
FWS Proposes to Streamline Eagle Take Permitting Process
September 2022
D.C. Court of Appeals Remands Two Offshore Oil and Gas Leases for NEPA Inadequacy
August 2022
D.C. Circuit Court of Appeals Decision Puts FERC's Revised Method for ROE Determinations in Question
July 2022
Administration Rescinds ESA Regulatory Procedures for Exclusions from Critical Habitat
Federal Judge Vacates Three Trump-Era Endangered Species Act Rules
NMFS Issues Highly Anticipated Salish Sea Nearshore Programmatic Biological Opinion
June 2022
Supreme Court Limits EPA's Authority to Regulate Greenhouse Gas Emissions
Supreme Court Expands State Criminal Jurisdiction in Indian Country
Administration Rescinds ESA Definition of "Habitat"
EPA Proposes to Expand State and Tribal Authority Over Section 401 Water Quality Certifications, Reversing Trump Era Rule
May 2022
DOJ Restores Supplemental Environmental Projects in a Slate of Environmental Justice Initiatives
April 2022
Biden Administration Walks Back Key Trump Era NEPA Regulation Changes
Insurance Coverage Considerations for Tribal Cannabis Businesses
March 2022
SEC Unveils Landmark Climate Disclosures Proposal
February 2022
FERC's Updated Certificate Policy and Interim GHG Mitigation Policy Statements: VNF's Pipeline Attorneys Weigh In
January 2022
Shifting Baselines: New Guidance from Army Corps and NMFS on ESA Compliance for Work on Existing Structures
Army Corps Finalizes 41 Nationwide Permits for Activities in Jurisdictional Waters and Wetlands
December 2021
UPDATED: EPA and Army Corps Announce Latest Update to Definition of "Waters of the United States"
U.S. Supreme Court Relies on Established Doctrine in Interstate Groundwater Dispute
November 2021
FERC Notice of Inquiry on Reactive Power Capability Compensation Opens Door to Certainty for Reactive Rate Filers
EPA and Army Corps Announce Latest Update to Definition of "Waters of the United States"
Biden Signs Largest Climate and Resiliency Infrastructure Bill in U.S. History
Revisions to Environmental Site Assessment Requirements to Impact Real Property Transactions
Administration Proposes First Wave of Endangered Species Regulatory Revisions
FEMA Seeks Input on Updating the NFIP Program
EPA Proposes New Methane Regulations for Oil and Gas Facilities
October 2021
U.S. District Court for The Northern District of California Vacates EPA's Clean Water Act Section 401 Certification Rule
Biden Administration Proposes to Walk Back Key Trump Era NEPA Regulation Changes
Changes to the Migratory Bird Treaty Act Enforcement Regime Take Flight
September 2021
UPDATED: Rough Waters Ahead, Once Again: A District Court Vacates the 2020 Navigable Waters Protection Rule as the EPA and Corps WOTUS Definition Rulemaking Continues
Rough Waters Ahead, Once Again: A District Court Vacates the 2020 Navigable Waters Protection Rule as the EPA and Corps WOTUS Definition Rulemaking Continues
August 2021
EPA Reissues Temperature TMDLs in the Columbia and Lower Snake Rivers
The Death Knell for Dispersants?
July 2021
FERC Invites Comment on Reforms to Regional Transmission Planning, Cost Allocation & Generator Interconnection
Senate Energy and Natural Resources Committee Passes Energy Infrastructure Act, Teeing Up Consideration of Bipartisan Infrastructure Package
June 2021
U.S. Supreme Court Upholds Natural Gas Pipelines' Authority to Exercise Eminent Domain Power over State Land
Anti-Transgender Bills Being Introduced & Enacted by State Legislatures
May 2021
Undefined Contractual Language Leads to Years of Litigation Over Environmental Liabilities
April 2021
The Next 100 Days: Climate, Environmental Justice, Infrastructure, Resilience, the Energy Transition, and Energy in the Transportation Sector
Criminal and Civil Liability a Possibility for Vessel Owners Following Unix Line Decision and Transition to Electronic Records
March 2021
House Democrats Introduce Revised CLEAN Future Act, Readying Chamber for Action on Climate Change and Infrastructure
U.S. Supreme Court Issues Decision Clarifying Boundaries of FOIA's Deliberative Process Privilege
February 2021
Environmental Justice Policy Gains Momentum Under the Biden Administration
Climate Change Policy Update: President Issues Executive Order Directing Whole-of-Government Response to Climate Crisis
Final Rule Codifying Exemption of Incidental Take Under the Migratory Bird Treaty Act Faces Substantial Hurdles
January 2021
Biden Administration Announces Sweeping Slate of Administrative Actions
Army Corps Finalizes Certain Nationwide Permits Two Years Ahead of Schedule
2021 Congressional Calendar
December 2020
Congress Clears Major Year-End Legislative Package Including Federal Spending, COVID-19 Relief, and other Measures
October 2020
FERC Rescinds Pipeline Contracts and Reaffirms Capacity Posting Policy
FERC Proposes Policy Statement on Incorporation of Carbon Prices in Wholesale Electricity Markets
Legal Challenge to Federal Ban on SEPs May Result in Change in Enforcement Policy
EPA Approves Oklahoma Regulatory Control Over ‘Restored' Tribal Land
PFAS — What You Need to Know in Transactions
September 2020
DOI Releases Proposal to Revise Supplemental Financial Assurance Requirements for Offshore Decommissioning Costs
House Passes Clean Economy Jobs and Innovation Act
FERC Issues Order No. 2222 to Increase Participation of Distributed Energy Resource Aggregations in Organized Markets
UPDATED: Army Corps Proposes to Reissue Nationwide Permits Two Years Ahead of Schedule
August 2020
Army Corps Proposes to Reissue Nationwide Permits Two Years Ahead of Schedule
Updated: CEQ Issues Final Rule to Modernize NEPA Regulations
July 2020
NPS Proposes Regulatory Revisions to Improve Administration and Delivery of Visitor Services
Democrats Coalesce on Energy and Climate Message Ahead of 2020 Election
CEQ Issues Final Rule to Modernize NEPA Regulations
FERC Revises PURPA Regulations to Increase State Flexibility, Modify the Mandatory Purchase Obligation, and Reform the "One-Mile Rule"
Reactive Power Rate Certainty Delayed; FERC Establishes Paper Hearing Procedures
UPDATE: House of Representatives Passes Sweeping Infrastructure Bill
D.C. Circuit Tolls the Bell on Tolling Orders
June 2020
EPA Issues Compliance Advisory Regarding Pesticide Devices Making Claims to Kill the Novel Coronavirus
Summer 2020 Congressional Outlook: Legislative Schedules, Priorities, and the Challenges That Lie Ahead
Executive Order Seeks to Promote Economic Recovery by Expediting Environmental Reviews for Project Development
House Democrats Unveil Broad Infrastructure Legislation
EPA Issues Final Rule to Streamline CWA Section 401 Review
Proposed Regulations for CCUS Tax Credit: Greater Certainty for Developers and Investors
May 2020
Revised FERC Policy on ROE and Proxy Group Composition May Have Positive Impacts for Pipelines
Sweeping Executive Order on Deregulation Seeks to Spur Post-Pandemic Economy
House Passes "HEROES Act", Remote Voting Resolution
What Tribal Entities Need to Know to Pursue Business Interruption Coverage for COVID-19 Losses
CARES Act Funding: Opportunity for Trauma-Informed Programs in Indian Country
VNF Weekly Wrap Up - May 3-9, 2020
President Orders National Security Review for Certain Electric System Equipment
Access to COVID-19 FEMA Funding for Tribal Governments
April 2020
SBA Allows Tribal Casinos to Apply to Newly Replenished Paycheck Protection Program
U.S. Supreme Court Holds Clean Water Act Covers Groundwater in
Limited Circumstances
COVID-19 Response - Weekly Wrap-up - April 24th
Coronavirus Relief Fund: Treasury Issues Guidance for Tribal Governments
Practical Tips for Tribal Organization Access to the SBA Paycheck Protection Program ("PPP")
SCOTUS Decision Clarifies Property Owners' Restoration Claims at Superfund Sites
Senate Passes Intermediate COVID-19 Relief Package
Business Interruption Insurance Coverage for COVID-19 Losses - Recent Developments
COVID-19 Response - Weekly Wrap-up
Congressional Leaders Continue Work on Economic Relief Efforts Through April
Business Interruption Insurance Coverage: Four States at the Forefront of Responding to COVID-19 Losses
March 2020
$2T CARES Act Enacted
Medical Waste & COVID-19: Important Developments
FERC Proposes Revised Incentive Rate Policies for Electric Transmission Investments
COVID-19: Congressional, Federal Agency and Electric Sector Planning for Continued Operations
FERC Extends Certain Filing Deadlines and Takes Other Actions in Response to the Impacts of COVID-19
COVID-19 Insurance Impacts
January 2020
U.S. Fish and Wildlife Service Proposes to Codify Exemption of Incidental Take Under the Migratory Bird Treaty Act
Navigable Waters Protection Rule Substantially Narrows the Scope of Waterbodies Subject to Regulation under the Clean Water Act
House Committee Releases Framework for Comprehensive Climate Legislation
CEQ Proposes Revisions to Regulations Governing Federal Agency Implementation of NEPA
EPA Publishes Final List of ‘Next' 20 High-Priority Chemicals
New International Fuel Standard for Vessels Takes Effect
Escalated Tension with Iran Heightens Cybersecurity Threat Despite Military De-Escalation
2020 Congressional Calendar
November 2019
FERC Requires Public Utilities to Address Excess ADIT in Transmission Rates
FERC Revises Policy for Evaluating Public Utility Return on Equity
September 2019
Settlement of
County of Maui
Prolongs Clean Water Act Uncertainty for Regulated Community
FERC Proposes Changes to PURPA Regulations to Increase State Flexibility, Modify the Mandatory Purchase Obligation, and Reform the "One-Mile Rule"
Federal Agencies Repeal Obama-Era Clean Water Rule
August 2019
EPA's 20 Proposed Low-Priority and High-Priority Chemical Substances: Comments are Due November 2019
Federal Judge Limits the Reach of the WOTUS Rule
Administration Issues Significant Revisions to Endangered Species Act Implementation
EPA Proposes Rule to Narrow, Streamline CWA Section 401 Review
July 2019
WaterISAC Releases Broader Cybersecurity Guidelines for Water & Waste Water Utilities
FERC Adopts New Data Collection Requirements for Market-Based Rate Sellers, Streamlines Market Power Analysis for Certain Organized Markets
EPA Amends Freedom of Information Act Regulations
June 2019
EPA Finalizes Affordable Clean Energy Rule
EPA Issues Revised CWA Section 401 Guidance to States
May 2019
Washington State's New Clean Energy Legislation Has Far Reaching Impacts
Implementation of Recent Amendments to the 45Q Carbon Sequestration Tax Credit
April 2019
New Hazardous Waste Pharmaceutical Rule Imposes New Obligations on Health Care Providers
EPA Issues New Emergency Response Requirements for Community Water Systems
March 2019
FERC Revisiting its Policy for ROE Determinations and Seeking Comments
FERC Revisiting its ROE Policy for Public Utilities
FERC Opens Inquiry on Transmission Incentive Policy
February 2019
Federal Guidance on Section 404 Permitting Under Development
January 2019
D.C. Circuit Holds that States Cannot Use Section 401 Authority to Delay Hydropower Relicensing
EPA Reconsiders Cost Justification for MATS and Proposes No Additional Requirements for Power Plants
December 2018
2019 Congressional Calendar
Federal Agencies Release the New Clean Water Rule to Replace "Waters of the United States" (WOTUS) Rule
Federal Administration Issues Climate Report
November 2018
FERC Proposes Rule Requiring Transmission Providers to Revise Rates Following Tax Rate Change
2018 Election Results: What Happened Yesterday and What Happens Next
October 2018
Significant Cyber Supply Chain Management Changes on the Horizon for Electric Utilities
Congress Enacts Legislation to Promote New Hydropower Development
Landmark FERC Order Adopts New Method for ROE Determinations
FERC Announces New Framework for Determining Public Utility ROE
Final Corps Guidance Issued on Section 408 Permitting
DOT Aims to Create Flexible Regulatory Framework for Automated Vehicle Technology
BSEE Streamlines Oil and Gas Production Safety Systems Requirements
Update of National Artificial Intelligence Strategic Plan: What Clients Need to Know
September 2018
Trump Administration Moves to Address Cybersecurity Concerns, Congress Funds Cyber Programs
Update on Tax Legislative and Regulatory Priorities
Court Reinforces Finality of Water Rights Determinations and Avoids Ownership Dispute
Obama Era WOTUS Rule Reinstated in Washington State (For Now)
August 2018
WOTUS Rule Reinstated in 26 States After Court Enjoins Delay
EPA Proposes Affordable Clean Energy Rule
July 2018
FERC Raises the Threshold for Cyber Incident Reporting
EPA and Corps Seek Additional Comment on Proposal to Repeal Definition of WOTUS
June 2018
OPPORTUNITY: CEQ Requests Comments on Ways to Modernize NEPA Process
FEMA Adopts Significant Changes to the National Flood Insurance Program ("NFIP") Under the Rubric of a "Clarification"
Landowners Next to Unopened Rights-of-Way May Be Able to Secure Title to the Land Based on Washington's Non-User Statute
April 2018
Updated TSA Guidelines Suggest New Approach for Pipeline Cybersecurity
March 2018
D.C. Circuit Decision Loosens Restrictions on Solid Waste
GAO Reports Challenges and Successes in Cybersecurity Framework Adoption
Corps Issues Draft Guidance on Section 408 Permission Requests, Solicits Comments
February 2018
Washington Legislature Adopts a "Hirst Fix," and Department of Ecology Considers Comments on Its Interpretation of the New Legislation
A Call to Action: Potential Impacts of Section 408 Reform
FERC Acts to Support Storage Deployment
EPA and Corps Amend Effective Date of WOTUS Rule, Open Door to Legal Challenges
January 2018
Supreme Court Rules that District Courts Retain Jurisdiction Over "Waters of the United States" (WOTUS) Rule
FERC Rejects DOE Proposal, Initiates Fact-Finding on Grid Resilience
Ninth Circuit Creates Uncertainty Concerning Transmission ROE Adder for RTO Participation
December 2017
FERC Proposes Fast-Start Pricing Reforms in Three Markets
Tax Reform: It happened, now what?
November 2017
EPA Proposes to Amend Effective Date of WOTUS Rule
Western Water/Growing Cities: An Examination of 11 States' Approach to the Issue
October 2017
FERC Revises License Term Policy for Hydropower Projects
This Time it Could Happen: Comprehensive Tax Reform…
Congress Takes Another Step Forward to Promote Automated Vehicle Technology Deployment - Senate Committee Advances Legislation to Support the Development of Highly Automated Vehicles
DOE Sends Market-Reshaping Grid Resiliency Proposal to FERC
September 2017
Federal Government Takes Steps to Shape Rules for Automated Vehicles
Navigating Tax and Economic Recovery Packages after Hurricane Harvey
August 2017
Court Ruling on Post-Spill Access to Records Highlights Importance of Corporate Safety Culture
DOI's Repeal of Obama Administration Valuation Reforms May Signal More Change for Coal, Oil & Gas Industries
July 2017
California Extends and Strengthens Cap-and Trade Program
EPA Proposed Rule to Rescind Definition of "Waters of the United States"
D.C. Circuit Decision Creates Significant Uncertainty Concerning PJM Capacity Auction Results
DC Circuit Hands Pipelines Roadmaps to Construct Projects over Delays by Local Permitting Agencies
June 2017
Culvert Treaty Fishing Rights Litigation: While the Ninth Circuit Denies Rehearing; Does the Dissent Provide Passage to the Supreme Court?
BSEE Issues Rule Extending Development Time for Offshore Oil and Gas Leaseholders
May 2017
D.C. Circuit Upholds Conditional Certificates for Natural Gas Pipelines
Trump Issues Executive Order Aimed at Expanding Development of Offshore Oil & Gas Resources
April 2017
Conservation Easements: A Powerful Land Use, Estate, and Tax Planning Tool
DC Circuit's
Emera Maine
Decision Creates Questions for Electric Utility ROE Policy
California's Cap-and Trade Program Wins in Court, Program's Future Still Unclear
March 2017
Trump Order Sets Up Rollback of Obama Energy and Climate Action
Climate Change Policy Developments in Washington State
Tax Reform – The Big Picture
Trump Executive Order Starts Review and Potential Revision of the "Waters of the United States" (WOTUS) Rule
February 2017
Court of Appeals Confirms When LUPA's 21-Day Appeal Period Begins to Run and When "Collateral Attacks" on Prior Unchallenged Land Use Decisions Are Barred
January 2017
Administration Takes an Initial Step in its Regulatory Reform Agenda
Executive Actions May Impact the Future of Energy Infrastructure Projects and Domestic Manufacturing
Second Circuit Reinstates EPA's Water Transfers Rule
Army Corps of Engineers Releases 2017 Nationwide Permits
House of Representatives Prioritize Actions to Reform the Regulatory Process
December 2016
Dakota Access Challenges Army Corps After Easement Determination Stalled
State Supreme Court Roils Rural Water Supply in Growth Management Decision
2017 Congressional Calendar
November 2016
FERC Proposes Market Reforms for Energy Storage and Distributed Energy Resources
BLM's Final Methane and Waste Prevention Rule Creates Compliance Uncertainty
FERC Reexamining Policy Governing Length of Hydroelectric Licenses
Presidential Transition and Potential Executive Actions
How will a Trump Administration Re-set U.S. Climate Policies?
2016 Election Results: Impacts of the Presidential and Congressional Races
September 2016
Obama Administration Seeks Tribal Input on Federal Infrastructure Decisions, Dakota Access Litigation Continues
EPA Expands Tribal Authority to Administer Clean Water Act Programs on Reservations
Part of a Host of New Administration Initiatives Addressing Tribal Issues
Federal Intervention in Dakota Access Pipeline Project Focuses on Tribal Consultation Process
August 2016
BSEE Director Urges Action on Offshore Well Cementing Safety Issues
BSEE Looks to Address Offshore Safety Component Failures at Upcoming Forum
Proposed BSEE Rule Continues Interior Department Focus on Decommissioning Costs and Obligations
Use of Drones for Monitoring and Inspection of Energy Infrastructure
Little-Noticed Provision in BSEE's Well Control Rule May Have a Major Impact on Risk Reduction
July 2016
Your Passport To Street Vacations
BOEM Unveils Significant New Supplemental Financial Assurance Requirements in NTL 2016-N01
Dollar General Shows a Path Forward for Tribal Law
D.C. Circuit Questions FERC's Income Tax Allowance Policy
June 2016
Ninth Circuit Concludes that Tribes' Treaty Fishing Rights Obligate State to Fix Fish Blocking Culverts
House Republicans Outline Vision for Tax Reform
May 2016
Army Corps Proposes Renewal of Nationwide Permits for Work in Waters of the U.S.
Oregon Communities and Developers Face Significantly Heightened Standards Following ESA Consultation on National Flood Insurance Program
EPA Takes Actions to Reduce Methane Emissions from the Oil and Gas Sector
Criminal Liability for OCS Contractors Reexamined in Black Elk Decision
April 2016
BSEE Releases Final Well Control Rule; Implications Still a Concern for Stakeholders
Supreme Court Addresses Limits on State Authority to Promote New Generation Development
Contracts 101: Knowing What You Know/Don't Know Can Make All the Difference
March 2016
Proposed Air Quality Rules May Pose Challenge to Offshore Oil and Gas Industry
Recap of Washington Legislative Session: Not For the Faint of Heart
February 2016
Administration Marches Ahead on Critical Habitat:
Final Rules and Exclusion Policy Lay Groundwork for Broader Designation of Critical Habitat and Reshape the Adverse Modification Inquiry
Washington Streamlines Business Entity Administrative Requirements
Reflections on the BLM's Proposed Methane and Waste Reduction Rule
FERC Reaffirms Sanctity of Committed Shipper Contracts and Arm's-Length Bargaining
January 2016
Supreme Court Upholds FERC Rule on Pricing of Demand Response in Organized Electricity Markets
2016 Congressional Calendar
New Rule & Initiatives to Limit Carbon Gaining Traction in Washington State
Opportunities to Save with Washington's Open Space Taxation Act
FERC Applies Order No. 773 to Exempt "Facilities Used in Local Distribution" from Mandatory Electric Reliability Standards
President Signs Permanent Tax Relief for Businesses and Working Americans
Congress Establishes Federal Permitting Reforms for Major Infrastructure Projects
December 2015
Transportation Infrastructure Law Includes Provisions on Energy Security
Observations about the Paris Climate Agreement and its Implications for U.S. Businesses
November 2015
D.C. Circuit Overrules FERC's Effort to Narrow Section 7 Municipal Preference
FERC Issues Long-awaited Remand Order Responding to
Delaware Riverkeeper v. FERC
When it Comes to Wetland Mitigation, Choose Wisely
Rural Water Strategies: The Saga Continues
New BIA Rule Could Have Unintended Consequences for Business in Indian Country
October 2015
Vested Rights – Now You Have Them, Now You Don't
PHMSA Issues Long-Awaited Proposed Hazardous Liquid Pipeline Rule
September 2015
Van Ness Feldman Publishes Clean Power Plan Resource Guide
A Context for Viewing Climate Change in the Northwest
August 2015
EPA Issues Package of Proposed Rules to Reduce Methane Emissions from the Oil and Gas Sector
Crude Oil Swaps with Mexico: Is the Export Ban on its Last Legs?
Caught "Short": Are You Better Off Under the Clean Power Plan than You Were 14 Months Ago?
Washington's Extreme Drought Stresses Water Users, Regulators, and Legal System
Are You Better Off Under the Clean Power Plan than You Were 14 Months Ago?
EPA Issues Regulations to Control Carbon Dioxide Emissions from the Power Sector
July 2015
FERC Issues "Best Practices" for Natural Gas Industry Outreach to Stakeholders
"Take this as a Sign" Supreme Court Sends Strong Message to Municipalities Concerning Content Based Sign Codes
After Michigan v. EPA: What Comes Next for EPA's Power Plant Mercury Rule?
June 2015
FERC Issues Final Audit Reports for Colonial Pipeline Company and Enterprise Product Partners L.P.
Washington State's 2015 Legislative Session: Update
EPA Moves to Expand Scope of U.S. GHG Regulations to Include Aircraft
Fish and Wildlife Service Contemplates Expansive Permitting Regime to Address Incidental Take of Migratory Birds
Federal Agencies Release Final "Waters of the United States" Rulemaking, Sending Ripples Through the Regulated Community
May 2015
Seattle's Affordable Housing "Linkage Fee": A Renewed Attempt to Impose Mandatory Affordable Housing Requirements
COMPREHENSIVE ENERGY LEGISLATION
PHMSA Issues Final Rule on Enhanced Tank Car Standards and Rail Operational Controls for Flammable Liquid Transport
Proposed Safety Rule Could Impact Offshore Oil and Gas Operators
April 2015
BLM Contemplates Oil and Gas Royalty Reform
Shippers Request More Transparency in FERC Form No. 6
FERC Approves Pipeline Modernization Policy Statement
Federal Agencies Issue Revised Interim Final Rules for Trial-Type Hearings; Seek Comments
March 2015
President's Executive Order Expands Regulated Floodplain to Account for Climate Change
Interior Releases Proposed Arctic Drilling Rule
Roadmaps to the New Congress: Calendar and Committee Rosters
February 2015
Court Delivers Victory to Whatcom County on GMA Case Regarding Rural Water Supply
Policy Outlook for 2015
FERC's Clean Power Plan Technical Conferences: Investigating Reliability, Market Structure, and Infrastructure Impacts of EPA's 111(d) Proposal
January 2015
Proposed Federal 111(d) Plan: Potential Opportunity for Utilities, Stakeholders, and States to Inform the EPA Process
Obama Administration Announces Plans to Control Methane Emissions from the Oil and Gas Sector
Five Things to Look for in the Obama Methane Policy Announcement
Budget Reconciliation - What is it and Why does it Matter?
December 2014
113th Congress Adjourns Sine Die; 114th Congress Commences January 6, 2015
EPA Promulgates Long-Awaited Final Rule Revising the Definition of Solid Waste
Down to the Wire: Congress Poised to Advance Must Pass Legislation Prior to Adjournment
Weekend Voting in Louisiana Adds Three More Republican Victories in Congress - Lame Duck Session Continues
Legislative Progress in the Lame Duck Session; Organization for the 114th Congress Continues
November 2014
Update on Election Results, the Lame Duck Session and Organizational Decisions for the 114th Congress
FERC Offers Analytical Framework for Pipeline Recovery of Costs Related to Safety, Reliability, and Environmental Compliance Costs and Requests Comments
Proposed Rule Redefining Jurisdictional "Waters of the United States" Under the Clean Water Act – Comment Period Closes, but Questions Remain Open
Republicans Win Big in National Elections: Attention Turns to Lame Duck Session
October 2014
Court Concludes that FEMA's Implementation of the Puget Sound Biological Opinion is Close Enough for Government Work
August 2014
D.C. Circuit Denies Order No. 1000 Appeals, Upholds FERC's Vision for Transmission Planning and Cost Allocation
July 2014
Seventh Circuit Again Rejects FERC's Approval of "Postage Stamp" Cost Allocation for High Voltage PJM Transmission Projects
June 2014
FERC Holds that Federal Power Act Preempts State Shoreline Management Act for Hydro Tidal Project
Supreme Court Rejects Extending Clean Air Act Permitting Authority Based Solely on GHGs but Upholds GHG Limitations on Otherwise Regulated Stationary Sources
FERC Adopts New Return on Equity Methodology for Electric Utility Ratemaking
Bureau of Ocean Energy Management Announces Proposed Sale Notice for Nation's Largest Offshore Wind Energy Area
EPA Proposal for Regulating CO
2
Emissions from Modified Power Plants Would Require Efficiency Improvements, But Not CCS
BOEM Takes New Steps Toward Offshore Wind, Marine Hydrokinetic Development Off Atlantic, Pacific Coasts
EPA Issues Proposed Clean Power Plan to Limit Greenhouse Gas Emissions from Existing Power Plants
May 2014
Michigan v. Bay Mills Indian Community: A Positive Outcome for Tribes with Important Lessons for the Future
Van Ness Feldman Receives Top Recognition in Chambers USA 2014 Rankings
D.C. Circuit Vacates FERC Rule on Pricing of Demand Response in Organized Energy Markets
EPA Releases Final Standards for Cooling Water Intake Structures at Power Plants and Other Facilities
FERC NOPR Proposes to Reduce Open Access Regulation of Generator Lead Lines
Administration Proposes Changes to Endangered Species Act Critical Habitat Designations and "Adverse Modification" Definition
White House Releases Third U.S. National Climate Assessment
Seaway Initial Decision on Remand Spurns FERC Holding on Committed Shipper Rates and Finds them Subject to Modification
Supreme Court Rejects D.C. Circuit Vacatur of Cross-State Air Pollution Rule
April 2014
Loan Guarantee Solicitation Announcement for Renewable Energy and Energy Efficiency Projects
Broad Definition of "Substantial Economic Interest" Permits Standing in Shell Pipeline Co. LP
Senator Landrieu Convenes Hearing to Keep the Lights On
March 2014
White House Releases Climate Action Plan to Reduce Methane Emissions
Federal Agencies Issue Long-Awaited "Waters of the United States" Notice of Proposed Rulemaking for Clean Water Act Jurisdiction
FERC Proposes Reforms to Improve Gas-Electric Scheduling Coordination and Flexibility
DOE Announces New Funding Opportunities for Marine and Hydrokinetic Projects
FERC Orders New Reliability Standards for Physical Security at Critical Facilities
February 2014
Final Environmental Analysis for Keystone XL Pipeline Project Elevates Climate Change Issues
January 2014
President Reaffirms Support for "All-of-the-Above" Energy Policy, Announces Initiative to Streamline Energy Infrastructure Permitting
OUTLOOK 2014: KEY POLICY DEVELOPMENTS
Fractured Pennsylvania Supreme Court Issues Decision on Constitutionality of Oil and Gas Law
New and Emerging Developments in California's Cap-and-Trade Program Will Have Significant Impacts on Western Power Markets
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December 2013
Clearer Picture Emerging on Proposed Rule Redefining Jurisdictional Waters of the United States
FERC Limits Hydro Municipal Preference to Projects in Vicinity of Municipality
Chairman Baucus Releases Energy Tax Reform Draft
BOEM to Auction New Wind Energy Area off Maryland Coast
November 2013
FERC Order Permits Rockies Express Pipeline LLC to Move Forward with East to West Transportation of Shale Gas Production
FERC Streamlines Small Generator Interconnection Process
FERC Issues Final Rule Clarifying Work Space Requirements for Section 2.55(a) Auxiliary Installations
Nuclear Waste Fee to Be Suspended Indefinitely
CFTC Proposes Position Limits and Aggregation Rules for Energy and Other Commodity Derivatives
October 2013
Supreme Court Will Review Whether EPA Clean Air Act Permitting Authority Extends to Greenhouse Gases
Fifth Circuit Holds that Federal Power Act Preempts Certain State Property Damage Claims
Government Shut-down: Update #6: The Government Opens and Debt Default Is Avoided
Federal Agencies to Implement Contingency Plans Following Government Shut-down: Update #5
Federal Agencies to Implement Contingency Plans Following Government Shut-down: Update #4
Federal Agencies to Implement Contingency Plans Following Government Shut-down: Update #3
Federal Agencies to Implement Contingency Plans Following Government Shut-down: Update #2
Federal Agencies to Implement Contingency Plans Following Government Shutdown
September 2013
EPA Proposes New Standards to Regulate Carbon Dioxide Emissions from New Power Plants
FERC Rule Expands Reliability Requirements For Generator Interconnection Facilities
Draft Rulemaking Likely to Expand Clean Water Act Jurisdiction
August 2013
FERC Rejects PacifiCorp's Proposed Wind Integration Charge
Yucca Mountain Litigation Saga Update: No Flouting Allowed
FERC Judge Issues Initial Decision Reducing Transmission Owners' Return on Equity
June 2013
EPA Regulation of Greenhouse Gas Emissions from Existing Power Plants: Issues and Options
Circuit Court Upholds Broad Transmission Project Cost Allocation in MISO
May 2013
Waiting for DOE Action on LNG Exports, Again
April 2013
EPA Proposes New Standards to Regulate Water Discharges from Power Plants
National Ocean Council Releases Final Ocean Policy Implementation Plan
FERC Proposes to Expand Reliability Standards for Certain Generator Interconnection Facilities
Federal District Court Orders Washington State Agencies to Repair Culverts that Block Fish Passage in Violation of Tribes' Treaty Fishing Right
EPA Proposes New, Stringent Standards for Vehicle Emissions and Fuels (Updated April 8, 2013)
FEMA Developing Procedures for Tribal Governments to Request Disaster Declarations
CFTC Issues Final Dodd Frank RTO/ISO and 201(f) Exemptions
March 2013
FERC Issues Declaratory Order that Ends Practice of Assessing Charges for Use of Non-Federal Lands Subject to Power Site Reservation
February 2013
D.C. Circuit Upholds FERC's Decision That Rates Resulting from a Capacity Auction are Presumed to be Just and Reasonable
Obama Administration Moves Forward on Cybersecurity
FERC Issues Final Rule on Annual Charges for Use of Government Lands by Hydropower Licensees
January 2013
In Case of "First Impression" FERC Dismisses Application To Operate Facilities in Hawaii to Receive LNG from Continental U.S.
FERC Allows Merchant and Nonincumbent Participant-Funded Transmission Developers to Allocate 100% of Capacity Through Bilateral Negotiations
FERC Extends Deadline for Compliance and Affirms Basic Determinations of Variable Energy Resource Integration Final Rule
Supreme Court Reverses Ninth Circuit on Clean Water Act Issue
President Signs Fiscal Cliff Deal
FERC Approves New Definition of Bulk Electric System, Reserves Determination of Which Facilities Are "Used in Local Distribution"
November 2012
FERC Raises Bar on Transmission Investment Incentives
CFTC's General Counsel Issues Clarification Regarding Two-Part Rate Transactions
October 2012
New Reliability Standards to Address Solar Storm Damage and Vegetation Management
Federal District Court Upholds Criminal Conviction Under the Migratory Bird Treaty Act for Bird deaths Resulting from Oil Refinery Operations
September 2012
FERC Requires EQR Reporting by Non-Public Utilities, Expands EQR Data Collected by All Filers
August 2012
U.S. Department of Energy Issues Final Order and "Finding of No Significant Impact" for Sabine Pass Liquefaction Export Project
June 2012
FERC Finalizes Variable Energy Resource Integration Rule
FERC Proposes Revisions to the EQR Filing Process
May 2012
FERC Finalizes Policy for Advising EPA on Power Plant Mercury and Air Toxics Standards Compliance Extensions
April 2012
Summary of Comments in Response to "Coordination between the Natural Gas and Electricity Markets" FERC Docket No. AD12-12-000
March 2012
EPA Proposes Greenhouse Gas Emission Limits for New Electric Generating Units
FWS Issues Advance Notice of Proposed Rulemaking to Promote and Recognize Voluntary Conservation of Species under the ESA
December 2011
EPA Issues Final Rule Regulating Mercury, Other Pollutants from Power Plants
October 2011
Fifth Circuit Vacates FERC Order Requiring Information Posting by Intrastate Pipelines
May 2011
FERC Issues Notice of Inquiry Regarding Transmission Incentives
April 2011
FERC Drops Market Manipulation Charges Against National Fuel Marketing, Proposes New Rules on Affiliate Bidding
January 2011
EPA Expands Climate Agenda to the Current Fleet of Power Plants and Refineries
September 2010
FERC Issues Revisions to Policy Statement on Penalty Guidelines
April 2010
Key EPA Actions Lay Foundation for Regulation of GHG Emissions Under the Clean Air Act
December 2009
EPA Finalizes Endangerment Finding for Greenhouse Gases
April 2007
Supreme Court Holds EPA Must Consider States' Request for Climate Change Rule