Fifth Circuit Vacates Preliminary Injunction on Appeal, Allowing Bayou Bridge...
As we highlighted in our March 2, 2018, post, the US District Court for the Middle District of Louisiana ordered the $750 million Bayou Bridge pipeline to halt construction within the Atchafalaya Basin...
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During Oral Argument, D.C. Circuit Suggests Waiver Period for State Water...
In recent litigation involving the development of interstate natural gas pipelines, one of the key issues has been whether the state has waived its authority under Clean Water Act (CWA) section 401 by...
View ArticleUPDATE: During Oral Argument, DC Circuit Suggests Waiver Period for State...
On Friday, a court ruling provided some clarity regarding the Clean Water Act (CWA) § 401 water quality certification process. As forecasted in our November 1, 2018 blog post (below), the US Court of...
View ArticleLNG Export Terminal Approval May Provide Model for Future FERC Climate Change...
Last week the Federal Energy Regulatory Commission (FERC) made some headway in how it evaluates greenhouse gas (GHG) emissions from natural gas-related projects. In recent FERC pipeline certification...
View ArticleExecutive Order Seeks to Reform Water Quality Certification Process
On Wednesday, April 10, President Trump signed an Executive Order (EO), titled Promoting Energy Infrastructure and Economic Growth, that requires the US Environmental Protection Agency (EPA) and other...
View ArticleEPA Proposes to Increase Predictability and Timeliness of Water Quality...
Over the past few years, certain states have relied on ambiguities in the Clean Water Act (CWA) Section 401 water quality certification process to block the construction of significant energy...
View ArticleAgencies Release Final Rule Clarifying Federal Jurisdiction Under the Clean...
The reach of the CWA is “notoriously unclear.” Sackett v. EPA, 132 S. Ct. 1367, 1375 (2012) (Alito, J., concurring). It can be difficult for a landowner to understand whether wetlands or a small creek...
View ArticleStreamlining NEPA and ESA Reviews: Importance of the Scope of Analysis
Federal environmental reviews are high on the list of project time, costs and risk drivers. National Environmental Policy Act (NEPA) analysis and Endangered Species Act (ESA) Section 7 consultation are...
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EPA Finalizes CWA Section 401 Water Quality Certification Regulation
Yesterday, on June 1, the U.S. Environmental Protection Agency (EPA) Administrator, Andrew Wheeler, signed a final rule seeking to increase predictability for applicants by clarifying the regulations...
View ArticleDakota Access Pipeline Must Shutdown While Corps Prepares Environmental...
On July 6, the US District Court for the District of Columbia found that the Dakota Access Pipeline (DAPL) must shut down while the US Army Corps of Engineers (Corps) prepares an Environmental Impact...
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