Resources
Meet The Team
Samuel B. Boxerman
Washington, D.C.
Environmental and Energy Brief
Keturah A. Brown
Washington, D.C.
Environmental and Energy Brief
Grace Dickson Gerbas
Dallas
Environmental and Energy Brief
Terence T. Healey
Boston
Environmental and Energy Brief
Kenneth W. Irvin
Washington, D.C.
Environmental and Energy Brief
Christopher J. Polito
Washington, D.C.
Environmental and Energy Brief
Casey Khan
Houston
Environmental and Energy Brief
Michael L. Lisak
Chicago
Environmental and Energy Brief
Brittany A. Bolen
Washington, D.C.
Environmental and Energy Brief
Brooklyn Hildebrandt
Los Angeles
Environmental and Energy Brief
Nicole E. Noëlliste
Washington, D.C.
Environmental and Energy Brief
Hannah Posen
Chicago
Environmental and Energy Brief
Jack Raffetto
Washington, D.C.
Environmental and Energy Brief
D.C. Circuit Finds That California Agency Did Not Waive Clean Water Act Authority for Hydroelectric Power Plan Permitting
On Friday, June 17, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) upheld a decision by the Federal Energy Regulatory Commission (FERC) in Turlock Irrigation District et al. v. Federal Energy Regulatory Commission et al. ruling that the California State Water Resources Control Board (Water Board) did not waive its authority to issue permits in connection with FERC’s licensing of the Don Pedro and La Grange hydroelectric plants (the Projects) in central California under Section 401 of the Clean Water Act. (more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Aaron L. Flyer
FERC’s June Open Meeting Dominated by Electric Transmission Proposed Rulemakings
NOPR to Reform Generator Interconnection Procedures and Agreements
On June 16, 2022, the Federal Energy Regulatory Commission (FERC) took another step to ease access to the transmission grid with a Notice of Proposed Rulemaking (NOPR) on Improvements to Generator Interconnection Procedures and Agreements. The NOPR seeks to reform FERC’s current procedures and agreements, and in doing so (1) address the significant interconnection queue backlogs, (2) provide greater certainty, and (3) prevent undue discrimination against new generation technologies. (more…)
Keturah A. Brown
Washington, D.C.
kbrown@sidley.com
Emily P. Mallen
FERC Jurisdiction Upheld in Puerto Rican Liquified Natural Gas Terminal Proceeding, New Fortress Energy Inc. v. FERC
On June 14, 2022, the U.S. Court of Appeals for the District of Columbia Circuit upheld the Federal Energy Regulatory Commission (FERC) finding of jurisdiction over New Fortress Energy LLC’s (New Fortress) liquified natural gas (LNG) import terminal facility in San Juan, Puerto Rico, in New Fortress Energy Inc. v. FERC. (more…)
Keturah A. Brown
Washington, D.C.
kbrown@sidley.com
Emily P. Mallen
U.S. Environmental Protection Agency Proposes Updates to State Certification Process Under Clean Water Act Section 401
A recently proposed rule by the U.S. Environmental Protection Agency (EPA) seeks to expand the powers of states and tribes in approving or denying projects that require Clean Water Act (CWA) authorization. On June 9, 2022, EPA published for public comment its proposed Clean Water Act Section 401 Water Quality Certification Improvement Rule, which would significantly alter a Trump-era rule regarding the grounds on which state and tribal certifying agencies may impose conditions on, or outright block, projects that receive federal authorization. (more…)
Caleb J. Bowers
Los Angeles
cbowers@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
EPA Defends Hydrofluorocarbons Cap-and-Trade Rule
In a June 2, 2022, brief addressing the U.S. Court of Appeals for the D.C. Circuit’s review of the final rule regarding the hydrofluorocarbons (HFCs) cap-and-trade program (Final Rule or Framework Rule), the Environmental Protection Agency (EPA or Agency) argued that the challenged measures of the Final Rule are within its statutory authority under the American Innovation and Manufacturing Act of 2020 (AIM or the Act). The Framework Rule is a part of the Agency’s efforts to achieve AIM’s objective of reducing manufacturing and consumption of 18 saturated HFC chemicals by 85% by 2036. (more…)
Jagdeep Singh
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
California Appeals Court Rules That State Endangered Species Act Protects All Invertebrates
On May 31, 2022, the California State Court of Appeals for the Third Appellate District ruled that the California Endangered Species Act (State ESA or the Act) protects all invertebrates. Expanding on the 2007 decision in California Forestry Assn. v. California Fish & Game Commission, 156 Cal. App. 4th 1535, 1552, the court opined that the Act bestows the California Fish & Game Commission (Commission) with the authority to protect not just aquatic invertebrates but any invertebrates as endangered or threatened species. (more…)
Jagdeep Singh
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
U.S. FERC: The Next Battleground for Defining “Responsibly Sourced Natural Gas”
The U.S. Federal Energy Regulatory Commission (FERC) is expected to issue an order later this month that could influence the development of “responsibly sourced natural gas” (RSG), natural gas certified by a qualified third party as meeting certain performance and operational criteria. Some in the energy industry have touted RSG as a way to meet net-zero and lower carbon emissions goals. (more…)
Karl Pielmeier III
Emily P. Mallen
U.S. Supreme Court Denies Request to Reinstate Injunction of Social Cost of Greenhouse Gases
On May 26, 2022, the U.S. Supreme Court issued an order in Louisiana v. Biden denying a request to intervene and reinstate a district court order that had blocked the administration from using a key climate metric, known as the social cost of greenhouse gas emissions (SC-GHGs). In 2021, the Biden administration set various interim SC-GHGs, including the SC-CO2 at $51 per metric ton of carbon dioxide, which two groups of states have challenged in federal courts in Louisiana and Missouri. (more…)
Allison H. In
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com