89 FR 49280
FERC revised the pro forma Open Access Transmission Tariff to remedy deficiencies in the Commission’s existing regional and local transmission planning and cost allocation requirements.
FERC revised the pro forma Open Access Transmission Tariff to remedy deficiencies in the Commission’s existing regional and local transmission planning and cost allocation requirements.
A district court granted BLM's motion to dismiss tribes' and environmental groups' challenge to the Bureau's approval of a 550-mile transmission line route through the San Pedro Valley. Plaintiffs argued BLM violated the National Historic Preservation Act by failing to identify the San Pedro Valley ...
The Fifth Circuit affirmed dismissal of a constitutional challenge brought by a pipeline company concerning a 1949 permit a local levee board granted to the company to construct and maintain two pipelines across a levee in Mayersville, Mississippi. The company argued the board violated the Contracts...
FERC proposed to amend regulations to clarify that for all proceedings before the Commission that require a water quality certification pursuant to §401(a)(1) of the CWA, the reasonable period of time during which the certifying authority may act on the water quality certification request is one year from the certifying authority’s receipt of the request.
A district court denied policy groups' request to preliminarily enjoin construction of a wind energy project off the coast of Virginia. The groups argued the project should be enjoined until NMFS updates its biological opinion to include an analysis of the cumulative effects of other offshore wind p...
The Internal Revenue Service proposed regulations relating to the clean electricity production credit and the clean electricity investment credit established by the Inflation Reduction Act of 2022 to provide rules for determining greenhouse gas emissions rates resulting from the production of electricity; petitioning for provisional emissions rates; and determining eligibility for these credits in various circumstances.
United States v. PSF, Inc., No. 3:24-cv-00112 (D. Alaska May 24, 2024). Under a proposed consent decree, settling CWA defendants that allegedly violated the conditions and limitations of their NPDES permits at their facilities in Valdez and King Cove, Alaska, must perform injunctive relief and pay $750,000 in civil penalties.
FERC amended its regulations governing applications for permits to site electric transmission facilities under the Federal Power Act, as amended by the Infrastructure Investment and Jobs Act of 2021, and amended its NEPA procedures.
United States v. Norfolk Southern Railway Co., No. 4:23-cv-00517 (N.D. Ohio May 23, 2024). In connection with the February 3, 2023, train derailment in East Palestine, Ohio, a proposed consent decree requires a settling CWA and CERCLA defendant to (1) reimburse all response costs incurred by the United States; (2) pay a civil penalty of $15 million; (3) establish a $25 million community health program for qualifying members of the public impacted by the derailment; (4) implement an array of specified rail safety procedures; (5) develop and adopt programs for coordination of rail track restoration and vent and burn procedures; (6) implement a $6 million local waterways remediation plan; (7) pay $175,000 for natural resource damages; and (8) implement compliance and future monitoring requirements.
EPA provided notice of upcoming public meetings that will be jointly held by the White House Environmental Justice Advisory Council and the White House Environmental Justice Interagency Council, consistent with Executive Order No. 14096, Revitalizing Our Nation’s Commitment to Environmental Justice for All.