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Energy & Environmental Law Blog Blog

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FERC Approves NERC Plan to Make Some Wind, Solar, and Storage Resources Subject to Reliability Standards

USA - June 8 2023 On May 18, 2023, the Federal Energy Regulatory Commission ("FERC") took one more step in its ongoing efforts to enhance and protect the Reliability…

FERC Authorizes Targeted Utility Incentive Rate Options for Advanced Cybersecurity Investments

USA - May 3 2023 Cyberattacks continue to threaten the Reliability of the electric grid. In response to a congressional directive to address this threat, the Federal…

Does the Mifepristone Case Tee Up a Chevron Challenge? - Controversial Abortion Decision May Have Implications for Judicial Deference in Administrative and Environmental Law Cases

USA - April 24 2023 In Alliance for Hippocratic Medicine v. USFDA, U.S. District Judge Matthew J. Kasmaryck stayed the FDA approval of the abortion drug Mifepristone…

FERC Approves New Extreme Cold Weather Reliability Standards

USA - March 31 2023 On February 16, 2023, the Federal Energy Regulatory Commission ("FERC") approved[1] two new extreme cold weather Reliability Standards proposed by…

D.C. Circuit Upholds FERC's "Send-Out" Approach to PURPA

USA - March 9 2023 In a win for independent power producers, the U.S. Court of Appeals for the District of Columbia Circuit ("D.C. Circuit" or the "Court") recently…

California Is Paving the Way for Offshore Wind

USA - March 1 2023 The California coast is home to some of the best offshore wind resources in the country. The National Renewable Energy Laboratory (NREL) estimates…

FERC Directs NERC to Study Bulk Electric System's Internal Cybersecurity Gaps

USA - February 2 2023 Continuing a recent trend in which the Federal Energy Regulatory Commission ("FERC") has been directing the North American Electric Reliability…

FERC Directs NERC to Present Security Report in Response to Physical Attacks on the Electric Grid

USA - January 9 2023 On December 15, 2022, FERC issued an order[1] directing the North American Electric Reliability Corporation ("NERC") to study the efficacy of its…

WOTUS Update: While Supreme Court Case Still Pending, EPA Issues New Rule

USA - January 6 2023 On the eve of 2023, the Environmental Protection Agency (EPA) announced a final rule modifying the definition of "waters of the United States"…

FERC's Reservation Charge Crediting Policy Imperils Gas Service Reliability - There Is a Better Way

USA - December 21 2022 It is a bedrock principle of natural gas pipeline regulation that pipelines can only sell up to the transportation capacity of their systems on a…