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23 results

August 17, 2022

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3 min read

The Inflation Reduction Act Boosts EPA Funding to Enforce Climate-Related ESG Disclosure

On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (IRA). The IRA reconciliation package includes $369 billion in funding and
subsidies to support the transition to renewable energy and reduce greenhouse gas emissions from the energy sector.
...Read more

January 4, 2022

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11 min read

Will the Infrastructure Investment and Jobs Act Accelerate Transmission Development?

In this alert, we first examine whether such superseding approval by FERC would be subject to the National Environmental Policy Act (NEPA) and require an
environmental impact statement (EIS).  Second, we explore how such backstop siting authority is likely to affect state Public Utility Commissions (PUCs)
permitting decisions.  Overall, it is unlikely that the new IIJA will lead to a sudden acceleration of the siting of transmission lines.
...Read more

September 1, 2021

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4 min read

Environmental Challenges Seek to Block Renewable Projects

Recent lawsuits against renewable energy projects show that they are not immune from environmental challenges. Many support deploying more wind and
solar assets to reduce greenhouse gas emissions.
...Read more

May 17, 2021

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1 min read

Biden Administration to Revoke the Trump Administration’s Migratory Bird Rule

The Biden Administration plans to revoke the Trump-era Migratory Bird Treaty Act (MBTA) Rule and return to interpreting the MBTA as prohibiting incidental
take, not just purposeful take, of migratory birds.
...Read more

June 24, 2020

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3 min read

EPA Limits State and Tribal Authority With Final Clean Water Act Section 401 Certification Rule

On June 1, 2020, the U.S. Environmental Protection Agency (EPA) finalized the “Clean Water Act Section 401 Certification Rule.” Issued in response to
President Trump’s Executive Order 13868 “Promoting Energy Infrastructure and Economic Growth,” which directed the EPA to review the Clean Water Act
(CWA) Section 401 certification process, the final rule seeks to clarify the role of states and authorized tribes in ensuring that activities subject to ...Read more
...Read more

June 2, 2020

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2 min read

EPA Issues Proposed Anti-Backsliding Determination for Renewable Fuels

Under Section 211(v) of the Clean Air Act, EPA was required to complete “a study to determine whether the renewable fuel volumes required by [Section
211(o)] will adversely impact air quality as a result of changes in vehicle and engine emissions of air pollutants.” On May 29, 2020, EPA released its so-called
anti-backsliding study, which evaluated two scenarios for calendar year 2016.
...Read more

May 29, 2020

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1 min read

Ban on Nationwide Permit 12 for Pipelines Will Continue During Appeal

The Northern Plains Resource Council et al. v. U.S. Army Corps of Engineers (NPRC v. Corps) case continues in the Ninth Circuit....Read more

May 14, 2020

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1 min read

Corps Appeals to Ninth Circuit Despite Amended Nationwide Permit 12 Ruling

On May 11, 2020, the Montana federal district court issued an amended order in the Northern Plains Resource Council et al. v. U.S. Army Corps of Engineers
(NPRC v. Corps), narrowing the scope of its initial nationwide vacatur of Clean Water Act Section 404 Nationwide Permit 12 (NWP 12).
...Read more

May 4, 2020

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3 min read

Montana Federal Court Decision Has “Nationwide” Impacts on Projects Relying on Clean Water Act Nationwide Permit 12

The energy industry across the country continues to watch the Montana district court case Northern Plains Resource Council v. U.S. Army Corps of Engineers
(NPRC v. Corps), given the “nationwide” impact of the Montana court’s April 15th order vacating Clean Water Act Nationwide Permit 12 (NWP 12).
...Read more

January 10, 2019

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1 min read

BUILD Act Makes Two Major Changes to CERCLA

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 was amended by the Brownfield Utilization, Investment, and Local
Development Act of 2018.
...Read more

May 17, 2018

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2 min read

USFWS Clarifies Stance on Incidental Takings under the MBTA

In an April 11, 2018 guidance memorandum, the U.S. Fish and Wildlife Service (USFWS) reiterated the Trump Administration’s stance that “the take of birds,
eggs or nests occurring as a result of an activity, the purpose of which is not to take birds, eggs or nests, is not prohibited” by the Migratory Bird Treaty Act
(MBTA).
...Read more

May 2, 2018

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1 min read

Germany to Add 1,610 Megawatts of Offshore Wind Power

On April 27, 2018, Germany’s Federal Network Agency announced the results of its second offshore wind power auction; the six winning bids are cumulatively
capable of producing 1,610 megawatts (MW) of power. 
...Read more

November 29, 2017

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1 min read

Texas’ Wind Power Capacity Overtakes Coal

Last week, the Electric Reliability Council of Texas (ERCOT) announced that commercial operation of a new 155-megawatt wind farm in West Texas pushed
the State’s wind power capacity to over 20,000 megawatts, exceeding the State’s capacity of 19,800 megawatts from coal-fired power plants.  
...Read more

May 27, 2016

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1 min read

USFWS Proposes New Eagle Take Permit Regulations

On May 6, 2016, the U.S. Fish and Wildlife Service (USFWS) issued a proposed rule that would, in part, extend the maximum term of eagle incidental take
permits under the Bald and Golden Eagle Protection Act to 30 years.
...Read more

January 26, 2016

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2 min read

USFWS Issues Pro-Wind Energy Sector 4(d) Rule for Northern Long-Eared Bats

The United States Fish and Wildlife Service recently released a final rule under § 4(d) of the Endangered Species Act for the northern long-eared bat that
contains a key exception for wind energy facilities. 
...Read more

December 28, 2012

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2 min read

EPA Extends CERCLA Liability Protection for Tenants

November 5, 2012

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2 min read

Bureau of Ocean Energy Management Takes Steps to Advance Offshore Wind Projects

May 23, 2012

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3 min read

Tribe Seeks to Block Construction of Proposed Wind Project on Federal Lands

March 26, 2012

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1 min read

FWS Releases Final Voluntary Land-Based Wind Energy Guidelines

February 7, 2012

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1 min read

Industry and Environmentalists Collaborate to Develop Voluntary Colorado Wind Energy Guidelines

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About This Blog

Winston’s Environmental Law Update focuses on environmental legal, regulatory, and policy issues facing manufacturers, energy, retailers, real estate, and financial institutions. As the political, corporate, and regulatory responses to recent environmental initiatives evolve, it is our goal to help our clients understand the risks and opportunities these initiatives present and develop strategic responses that cut across multiple legal disciplines. The blog provides an avenue to bridge the gap between law and policy, compliance, and execution.

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