Several federal agencies have released modified National Environmental Policy Act (NEPA) implementing regulations.
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EPA Proposes Rescission of Power Plant GHG Standards Under Clean Air Act Section 111
On June 11, 2025, EPA issued a proposed rule that repeals carbon pollution standards for new and reconstructed gas turbines and existing and modified coal and oil/gas-fired units.
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When Is a Final Approval Not the Final Word? Empire Wind Halt Raises Questions About Managing Risk for Previously Approved Infrastructure Projects
BOEM Halts Construction of Empire Wind 1
On April 16, 2025, the Bureau of Ocean Energy Management (BOEM) issued a formal director’s order instructing Empire Offshore Wind LLC to cease
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Treasury Issues Final Guidance on Clean Hydrogen Production Tax Credit
The U.S. Treasury Department has issued final regulations for clean hydrogen production tax credits, which may significantly impact the renewable energy sector. These regulations implement the Section 45V clean hydrogen
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What Should the Environmental Regulatory Phoenix Look Like?
The Nov. 5 election was not a good day for supporters of the current structure of environmental regulation. While I doubt that the burdens of environmental regulation figured prominently in
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DC Circuit Remands and Vacates FERC’s Order Approving the Transco Project
On July 30, 2024, the D.C. Circuit Court of Appeals in New Jersey Conservation Foundation, et al. v. FERC vacated FERC’s order approving Transcontinental Gas Pipe Line Company (Transco)’s Regional
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Recent NEPA Cases May Create Uncertainty for LNG Project Sponsors
Two recent cases, Food & Water Watch et al. v. FERC, decided June 14, 2024, and Healthy Gulf et al. v. FERC, decided July 16, 2024, illustrate both
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EPA Finalizes New RMP Rule and Rejects Provision on Transloading
In a rulemaking closely watched by the transloading industry, the U.S. Environmental Protection Agency (EPA) issued a final rule on March 1, 2024, updating the Accidental Release Prevention Requirements and
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June 21 WEBINAR | Clean Energy Tax Credits: Direct Pay and Transferability – New Guidance Explained
The energy community has eagerly anticipated the release of guidance related to new Code Sections 6417 and 6418 covering direct pay and transferability of renewable and alternative energy tax credits.
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IRS Issues Proposed Regulations for Energy Projects Located in Low-Income Communities
The Internal Revenue Service issued proposed regulations on May 31, 2023, for the Low-Income Communities Bonus Credit Program under Section 48(e) of the Internal Revenue Code. The proposed regulations provide
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