89 FR 35312
DOE amended its regulations for the timely coordination of federal authorizations for proposed interstate electric transmission facilities pursuant to the Federal Power Act.
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Gathering Storm: SEC v. Jarkesy and Implications for Environmental Enforcement
The U.S. Environmental Protection Agency’s (EPA’s) enforcement program has long been the backbone of environmental enforcement in the United States. That program may now be bound for dramatic change. This Article analyzes the threats posed to the Agency’s program by the U.S. Supreme Court’s forthcoming decision in Securities and Exchange Commission v. Jarkesy, in which three constitutional questions presented cut to the core of administrative enforcement.
Clearing the Air on Supplemental Environmental Projects
Supplemental environmental projects (SEPs) have received a growing amount of attention in recent years, from the Donald Trump Administration banning their use in settlements, to regulation and guidance from the Joseph Biden Administration reversing the ban, to legislative proposals prohibiting them altogether. This Article examines SEPs’ legality under existing law, focusing on claims that they violate the Miscellaneous Receipts Act and the Antideficiency Act. It begins with a brief history of SEPs’ policy evolution and the limitations on the U.S. Environmental Protection Agency’s and U.S.
89 FR 35384
DOE established energy performance standards for the new construction and major renovation of federal buildings per the Energy Conservation and Production Act, as amended by the Energy Independence and Security Act of 2007.
89 FR 35634
BLM updated procedures governing the Bureau’s renewable energy and right-of-way programs, focusing on two main topics: solar and wind energy generation rents and fees; and agency discretion to process applications for solar and wind energy generation rights-of-way inside designated leasing areas.
89 FR 31201
EPA announced an opportunity for public input on ENERGY STAR product specification development activities.
Tohono O'odham Nation v. United States Department of Interior
A district court denied tribes' and conservation groups' request to preliminarily enjoin construction of a transmission line through the San Pedro Valley in Arizona. The plaintiffs argued BLM violated the National Historic Preservation Act when it authorized construction to begin without assessing t...
Sheetz v. El Dorado, California, County of
The U.S. Supreme Court unanimously held that the Takings Clause does not distinguish between legislative and administrative land use permit conditions, in a lawsuit concerning a traffic impact fee as a condition of building a prefabricated home on a parcel of land. The landowner challenged the fee a...
DeVillier v. Texas
The U.S. Supreme Court unanimously held that Texas property owners should be permitted to pursue claims under the Takings Clause through an inverse-condemnation cause of action available under Texas law. Over 120 property owners argued that a Texas highway elevation and expansion project, which buil...