On November 18, 2021, the Federal Energy Regulatory Commission (aFERCa) issued a notice of inquiry seeking comment on a broad array of issues related to FERCas policies respecting compensation to generation ownersaincluding conventional resources, renewable resources, and resources interconnected to the distribution systemafor their reactive power capabilities (aNOIa).1A An NOI is an information-gathering proceeding used by FERC to determin
Energy Stephen Hug, Rachael Novier Marsh, Catherine McCarthy, Boris Shkuta viewOn Monday, November 15, 2021, President Biden signed into law the $1.2 trillion Infrastructure Investment and Jobs Act (the aActa), commonly referred to as the Bipartisan Infrastructure Bill.A The package provides funding opportunities for a variety of traditional infrastructure projects, including approximately $65 billion for energy and electric grid development.A The Actas energy provisions are diverse, and include opportunities for those investing in grid resilience and reliability, research and development for newer and emerging technologies such as battery storage and hydrogen, cybers
Boris Shkuta, Michael Brooks, Stephen Hug, Rachael Novier Marsh, Catherine McCarthy viewCalifornia is jumpstarting its planning for offshore wind.A Under newly enacted legislation, Assembly Bill No. 525 (aAB 525a), California agencies are now tasked with identifying the stateas offshore wind goals and with developing a strategic plan to address several issues that have affected offshore wind development on the Eastern seaboard, such as port infrastructure and upgrades, transmission bottlenecks, impacts to other ocean users and communities, and permitting challenges.A
Kevin Ewing, Stephen Hug, Ty Johnson, Josh Robichaud, Taylor Stuart viewIn an action that will take effect December 3, 2021, the Department of Interior has revoked the 2021 Migratory Bird Treaty Act Rule which defined the types of activities criminalized under the Act.A In the revoked rule, issued on January 7, 2021 in the last days of President Trumpas administration, Interior defined prohibited activities under the Act to exclude the incidentalai.e., unintentionalataking of migratory birds.
Environmental Strategies Ann Navaro, Daniel Pope viewOn September 9, 2021, the U.S. District Court for the Northern District of Ohio ruled against the U.S. Army Corps of Engineers (USACE) in a case styled Friends of the Mahoning River v. U.S. Army Corps of Engineers, a challenge to a Section 404 permit issued for the construction of a hospital.
Ann Navaro, Daniel Pope viewOn August 30, 2021, the Federal Energy Regulatory Commission (aFERCa) issued an order advancing its efforts on the Joint Federal-State Task Force on Electric Transmission (aTask Forcea)[1] initially announced in a June 17, 2021 FERC order.