Expert Analysis

• EPA Ruling Signals Arrival Of 'Major Questions Doctrine'

  

  While the specific subject of the U.S. Supreme Court's decision in West Virginia v. U.S. Environmental Protection Agency was how the EPA may regulate greenhouse gas emissions under the Clean Air Act, the ruling's lasting legacy will be the elevation of the so-called major questions doctrine, which could constrain federal regulatory authority in many areas, says Allison Wood at McGuireWoods.

• New P3 Authority Means Opportunities For Colo. Agencies

  

  A recently passed Colorado law expanding public-private partnerships changes state-level project finance and infrastructure dramatically, allowing virtually all state agencies to avail themselves of P3 benefits including cost and schedule savings, sharing of risk, and access to innovation and private sector efficiency, say Gregory Johnson and Peter Gould at Squire Patton.

• Texas Infrastructure Act And Renewables Projects: 1 Year In

  

  A year into implementation of Texas' Lone Star Infrastructure Protection Act, Jennifer Pier at Husch Blackwell discusses how renewable energy project developers, owners and investors planning projects in Texas can incorporate LIPA-related provisions into transaction and financing documents.

• How Cos. Can Track Infrastructure Act Projects — And Funds

  

  As federal funds from the Infrastructure Investment and Jobs Act begin to flow to thousands of infrastructure projects across the nation, savvy contractors can determine which types of funded projects are likely to offer the best opportunities, and then follow the flow of federal money into those projects, says Nena Lenz at Fredrikson & Byron.

• Cos. Should Comment Now On New Offshore Wind Areas

  

  The Bureau of Ocean Energy Management's recent calls for information regarding potential wind energy areas along the Central Atlantic and Oregon coasts give developers an important opportunity to participate in creating a defensible environmental review process that will enable project development, says Andrew Glenn at Husch Blackwell.

• How FERC Proposal Will Guide Clean Grid Development

  

  The Federal Energy Regulatory Commission's major new proposal on regional electric transmission planning and cost allocation appears likely to substantially reshape how the transmission system is built out to accommodate the clean energy future, say attorneys at Day Pitney.

• What To Expect From Biden Admin.'s NEPA Updates

  

  The Council on Environmental Quality's recent National Environmental Policy Act updates will be critically important to federal agencies seeking to implement the Biden administration's renewable energy policies, but their practical impact may be limited, say attorneys at K&L Gates.

• Adapting To New Hybrid Energy Project Contracts

  

  As growing complexity and risk make contractors reluctant to sign lump-sum turnkey engineering, procurement and construction contracts for big energy projects, parties must give careful thought to how new procurement structures can encourage timely and efficient execution of the work, say Daniel Garton and David Strickland at White & Case.

• What FERC Flip-Flop Says About Politics And Energy Projects

  

  The Federal Energy Regulatory Commission's about-face on its policies for considering the environmental impacts of natural gas infrastructure shows that the agency is not immune to political pressure — so energy sector investors should stay mindful of broader politics when planning projects, say Martha Kammoun and Rachael Marsh at Bracewell.

• Gov't On Solid Ground In Moving Against Offshore Wind Suit

  

  The federal government's motion to dismiss Save Long Beach Island v. U.S. Department of the Interior, a lawsuit in a D.C. federal court over the designation of portions of the New York Bight as offshore wind energy areas, is backed by strong precedent — and the government could assert additional viable grounds to dismiss the plaintiff's claims, says Stacey Bosshardt at Perkins Coie.

• 4 Takeaways From Pa. Draft Environmental Justice Policy

  

  The Pennsylvania Department of Environmental Protection's proposed revisions to its environmental justice policy, seeking to give minority and low-income communities more opportunities to participate in environmental permitting decisions, shed light on the department's shifting priorities and would add considerations for applicants, say attorneys at Saul Ewing.

• Fighting Legal Challenges To Renewable Projects With NEPA

  

  Recent lawsuits in federal court challenging offshore wind energy development highlight how the National Environmental Policy Act — a statute of choice for ambitious energy projects — offers renewable energy developers an opportunity to create informed and defensible agency action that can fend off objections from project opponents, says Andrew Glenn at Husch Blackwell.

• Carbon Cost Injunction Signals Hurdles For Biden Plans

  

  A Louisiana federal court's unusually expansive injunction preventing the Biden administration from using its social cost of carbon estimates in future regulatory guidance may be a sign that the president's environmental agenda will face more aggressive court challenges going forward, say attorneys at WilmerHale.