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88 FR 2770

FERC proposed to revise its existing regulations governing applications for permits to site electric transmission facilities under §216 of the Federal Power Act, as amended by the Infrastructure Investment and Jobs Act of 2021.

Air Products Blue Energy, LLC v. Livingston Parish Government

A district court granted a company's motion to preliminarily enjoin a Louisiana parish from enforcing a 12-month moratorium on activities related to well drilling on parish land. The company moved for an injunction prohibiting enforcement of the moratorium insofar as it banned seismic surveys, Class...

Sauk-Suiattle Indian Tribe v. Seattle, City of

The Ninth Circuit affirmed a district court's denial of a Native American tribe's motion to remand to state court, and the dismissal of, its challenge to the city of Seattle's operation of a dam on the Skagit River. The tribe initially sued Seattle in state court, alleging that operation of the dam ...

Waterkeepers Chesapeake v. Federal Energy Regulatory Commission

The D.C. Circuit vacated a license issued by FERC for operation of a hydroelectric dam on the Susquehanna River in Maryland. The state of Maryland issued a CWA §401(a)(1) certification to the dam's operator in 2018 with conditions. The operator challenged the certification, and the parties reached ...

88 FR 72

EPA announced a public comment period for the draft document titled, “Biofuels and the Environment: Third Triennial Report to Congress (External Review Draft).”

87 FR 80582

EPA proposed applicable volumes and percentage standards for 2023 through 2025 for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel; a second supplemental standard addressing the remand of the 2016 standard-setting rulemaking; and several regulatory changes to the Renewable Fuel Standard program, including regulations governing the generation of qualifying renewable electricity and other modifications intended to improve the program's implementation.

87 FR 78382

DOE published a supplemental notice of proposed rulemaking to establish revised energy performance standards for the construction of new federal buildings, including commercial buildings, multifamily high-rise residential buildings, and low-rise residential buildings per the Energy Conservation and Production Act, as amended by the Energy Independence and Security Act of 2007.

American Clean Power Ass'n v. Federal Energy Regulatory Commission

The D.C. Circuit, 2-1, remanded to FERC a 2018 decision to give all transmission owners unilateral authority to fund power line upgrades in the Midwest. The Commission had initially only allowed direct transmission owners to decide between the generators paying for the line upgrades upfront, or payi...

87 FR 73956

EPA determined that renewable diesel, jet fuel, heating oil, naphtha, and liquefied petroleum gas produced from canola/rapeseed oil via a hydrotreating process all meet the life-cycle greenhouse gas emissions reduction threshold of 50% required for advanced biofuels and biomass-based diesel under the Renewable Fuel Standard (RFS) program, added these pathways to the list of approved pathways in the RFS regulations, and added a new definition of “canola/rapeseed oil” to the RFS regulations.