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.
DOE amended its regulations for the timely coordination of federal authorizations for proposed interstate electric transmission facilities pursuant to the Federal Power Act.
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.
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.
CEQ finalized its “Bipartisan Permitting Reform Implementation Rule” to revise its regulations for implementing the procedural provisions of NEPA.
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.
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.
DOE revised its NEPA implementing procedures to add a categorical exclusion for certain energy storage systems and modify categorical exclusions for upgrading and rebuilding powerlines and for solar photovoltaic systems, as well as to make conforming changes to related sections of the Department’s NEPA regulations.
The Federal Transit Administration announced the availability of a programmatic assessment of greenhouse gas emissions from transit projects.
The National Aeronautics and Space Administration (NASA) adopted the Department of the Air Force's categorical exclusion for supersonic flying operations over land and above 30,000 feet mean sea level, or over water and above 10,000 feet mean sea level and more than 15 nautical miles from land under NEPA to use in NASA’s program and funding opportunities.
BLM revised its oil and gas leasing regulations by implementing provisions of the Inflation Reduction Act pertaining to royalty rates, rentals, and minimum bids; updating the bonding requirements for leasing, development, and production; and revising some operating requirements.