This abstract is adapted from Avi Zevin et al., Building a New Grid Without New Legislation: A Path to Revitalizing Federal Transmission Authorities, 48 Ecology L.Q. 169 (2021), and used with permission, and was discussed on a public webinar hosted by the Environmental Law Institute.
A district court granted DOI's and the Army Corps of Engineers' motion to dismiss a lawsuit concerning construction of a wind farm off the coast of New York. Four homeowners sought to halt construction, claiming that onshore trenching associated with the project would worsen existing perfluoroalkyl ...
The D.C. Circuit granted in part and denied in part a petition to review FERC orders that permitted the creation of a new energy transmission service across several states in the Southeast. The first, the Deadlock Order, was adopted when the commissioners deadlocked 2-2 on whether the overall propos...
The D.C. Circuit vacated DOE's 2020 rule establishing more stringent energy efficiency standards for commercial packaged boilers, and its 2022 supplemental document responding to the court's previous remand order that it address comments raised during the rulemaking process. Industry groups argued D...
The European Union’s (EU’s) recent proposal for a new regulation on EV batteries is a groundbreaking effort, the first to focus on the entire value chain to improve product sustainability and safety throughout the life cycle. Battery producers inside and outside of the EU will have to meet a series of requirements, starting from carbon footprint declaration and related labeling to complying with life-cycle carbon footprint thresholds, for having their products placed in the EU market.
FERC adopted a reporting requirement to direct transmission providers to file one-time informational reports describing their current or planned policies and processes for conducting extreme weather vulnerability assessments.
FERC directed the North American Electric Reliability Corporation to develop a new or modified reliability standard to address reliability concerns pertaining to transmission system planning for extreme heat and cold weather events that impact the reliable operation of the bulk-power system.
In January 2021, the mining sector was made eligible for coverage under the Fixing America’s Surface Transportation Act (FAST-41) program, a pilot project designed to expedite federal permitting. Although mining projects have been eligible for over two years, only recently was the first one posted on the Permitting Dashboard.
DOE issued an interim final rule establishing regulations necessary to implement the Energy Implementation Reinvestment Program and other categories of projects authorized by the Inflation Reduction Act (IRA) for Energy Policy Act Title XVII loan guarantees; revising provisions directly related to DOE’s implementation of the Title XVII Loan Guarantee Program as expanded by the IRA; amending provisions to conform with the broader changes to the program; and revising certain sections for clarity and organization.
HUD and USDA announced and seek comment on a preliminary determination regarding energy efficiency standards for new construction of HUD- and USDA-financed housing as a first step to require compliance with these standards in HUD and USDA housing covered by the Energy Independence and Security Act.