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On Nov. 21, 2025, the Board of Directors of the New York Independent System Operator, Inc. (NYISO), as anticipated, approved the 2025-2034 Comprehensive Reliability Plan (CRP).  This blog post

Continue Reading NYISO Reliability Plan: New York May Require Thousands of Megawatts of Dispatchable Generation by 2034

On November 17, 2025, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (the Corps) announced a proposed rule (PR) to revise the definition of “waters of the United States” (WOTUS) by excluding several types of waters from the definition of WOTUS in their respective regulations (40 C.F.R. § 120.2 and 33 C.F.R. § 328.3).
Continue Reading The Never-Ending Rule: EPA and Army Corps of Engineers Propose Narrowing the Post-Sackett Definition of ‘Waters of the United States’

In a rare occurrence, two appellate courts have recently weighed in on natural resources damages (NRD) claims, providing fresh insights into this evolving area of law. The U.S. Court of Appeals for the First Circuit’s October decision in United States v. Ernst Jacob GmbH & Co. under the Oil Pollution Act, alongside a September Ninth Circuit ruling under CERCLA, mark significant developments for NRD litigation and policy.

Continue Reading Agency Deference and Natural Resources Damages