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Newsletter Articles

Alternative Energy: Will the Sun Ever Shine on the Solar Industry?

September 9, 2013

The challenges facing the solar industry continue to be daunting, the victim of oversupply and falling prices. As the industry’s ranks thin out, however, new opportunities will arise for companies with a well thought out business and regulatory plan. More

ESA Rule on Economic Impacts Takes Effect Next Month

September 3, 2013

Effective October 30, 2013, a new rule will limit the economic impacts that federal regulators may consider when designating property as “critical habitat” under the ESA. The rule, jointly proposed last year and promulgated last month by the U.S. More

EPA Rejects Idaho’s De Minimis Exemption to Antidegradation Water Quality Standards

September 3, 2013

In a July 23, 2013 letter from EPA’s Office of Water and Watersheds, EPA rejected a “de minimis” exemption to Tier 2 review under Idaho’s water quality standards, opening the door to greater scrutiny to discharges of pollutants into that state’s waters. More

Seventh Circuit Ruling Upholds Transmission Cost Sharing, Raises Questions for Renewable Portfolio Standards

August 4, 2013

In a significant victory for the Federal Energy Regulatory Commission’s efforts to encourage renewable energy development, the U.S. Court of Appeals for the Seventh Circuit has largely upheld two FERC orders requiring utilities to share in the costs of major new transmission projects intended to foster development of wind energy facilities in rural areas remote from urban load centers. More

BLM Revises Draft Regulations Governing Hydraulic Fracturing on Public and Tribal Lands: Comments Due August 23

July 15, 2013

The Bureau of Land Management is seeking comments on its revised proposal to regulate hydraulic fracturing (fracking) on federal and tribal lands.[1] The comment period runs through August 23, 201 More

Climate Change: U.S. Supreme Court Holds Federal Law Preempts Los Angeles Port Program, Signaling Close Scrutiny of State and Local Initiatives to Regulate Trucking

July 1, 2013

For the second time this term, on June 13, 2013, the U.S. Supreme Court addressed the scope of the Federal Aviation Administration Authorization Act of 1994 (“FAAAA” or “Act”), which largely deregulated trucking.[1] In American Trucking Associations, Inc. v. More

APA: The Scorecard So Far on the Supreme Court’s Sackett Decision

June 24, 2013

Just over a year ago, the U.S. Supreme Court decided Sackett v. EPA,[1] which struck down the ban on “pre-enforcement review” of EPA orders issued under the Clean Water Act (“CWA”). More

Clean Water Act: EPA Has After-The-Fact Veto Authority Over Corps of Engineers’ Water Quality Permit

June 21, 2013

A three-judge panel of the D.C. Circuit Court of Appeals, reversing a lower court, has held for the first time that EPA has express authority under the Clean Water Act (CWA)[1] to veto a Section 404 dredge and fill permit that the U.S. Army Corps of Engineers (Corps) had issued years earlier. More