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About Us:
Welcome to the S&W Environmental, Natural Resources, Oil and Gas Law Blog. This blog is a resource for the regulated community to stay current on new developments impacting the environmental, natural resources and energy sectors. It provides timely updates on a broad range of federal, state and local environmental topics — including proposed legislation and government rulemakings — that impact regulated industries throughout the southwest and the nation as a whole.
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Recent Posts
FERC Seeks Over $508 Million to Accomplish 2023 Strategic Priorities
by Kelly A. Daly Yesterday, the Federal Energy Regulatory Commission (“FERC”) submitted its Fiscal Year 2023 Congressional Justification. This document, which is submitted annually, consolidates the Annual Performance Plan with the Performance Budget Request for the primary purpose of communicating … Continue reading
Tagged environmental justice, FERC, FERC Budget, FERC priorities, safeguarding the electric grid
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Polar Vortex Highlights Problems with Texas Isolationist Model and Need for National Electric Grid
by Kelly A. Daly Following a week of extremely cold temperatures which caused millions of Texans to be without power, in some cases for longer than three days, the Federal Energy Regulatory Commission (FERC) announced that it will be conducting … Continue reading
FERC Begins to Flex its Jurisdictional Muscles on Carbon Pricing
By Kelly A. Daly Yesterday, the Federal Energy Regulatory Commission (FERC) weighed-in on the important role that carbon pricing, associated with state initiatives to reduce greenhouse gas emissions, could have on the nation’s electric market. Not surprisingly, as the governmental … Continue reading
Tagged carbon pricing, Federal Power Act, FERC
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FERC Issues COVID-19 Response to Address Filing Deadlines and Conferences
by Kelly A. Daly In an effort to ensure Americans have access to reliable energy during this unprecedented time, the Federal Energy Regulatory Commission (“FERC”) has identified a COVID-19 point of contact and instituted additional procedures to make sure regulated … Continue reading
Tagged coronavirus, COVID-19, FERC, NERC
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FERC Adopts Favorable Buckeye XPress Environmental Assessment; Greenhouse Gas Emissions Not A Prohibitive Factor
By Kelly Daly, Farris Gillman, and Fabian Eichentopf On January 23, 2020, the Federal Energy Regulatory Commission (FERC) adopted the Office of Environmental Projects’ (OEP) Environmental Assessment (EA) of Buckeye XPress, concluding that the project will have “no significant impact” … Continue reading
Tagged Environmental Assessment, FERC, natural gas, NEPA, pipeline
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FERC Asserts Authority: Declaratory Order Says Eminent Domain Exempted From State Sovereign Immunity
By Kelly Daly, Farris Gillman, and Fabian Eichentopf In a recent declaratory order, the Federal Energy Regulatory Commission (“FERC”) asserted the right of its certificate holders to “exercise eminent domain authority over state-owned land.” The Natural Gas Act (“NGA”) provides … Continue reading
Tagged eminent domain, federalism, FERC, natural gas, Natural Gas Act, pipeline, state sovereign immunity
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FERC to Consider Updating PURPA: May Signal Big Changes Without New Legislation
by Farris J. Gillman The Federal Energy Regulatory Commission (FERC) announced at its most recent monthly conference that it is taking a new look at PURPA. The Public Utility Regulatory Policies Act (PURPA) was enacted in 1978 in response to … Continue reading
Tagged Federal Power Act, FERC, PURPA
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DC Circuit Rules that FERC Must Consider Global Warming in Approving New Natural Gas Pipelines
by Timothy J. Sabo The United States has one of the most extensive natural gas pipeline networks in the world. This vast network enables the ongoing switch away from coal-fired generation and toward a renewables and natural gas-based electric system. … Continue reading
Tagged D.C. Circuit, Environmental Impact Statement, FERC, Sierra Club v. FERC
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