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Expert Analysis

• 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.

• How US Trade Obligations Apply To Biden's Infrastructure Law

  

  The Infrastructure Investment and Jobs Act could require some state agencies that receive federal funding for infrastructure to consider for the first time whether U.S. international treaty obligations prevent the application of Buy America preferences for certain government purchases, subjecting them to new liability risks, say attorneys at Akin Gump.

• NY, NJ Lease Auctions Highlight US Push For Offshore Wind

  

  The Bureau of Ocean Energy Management's upcoming auction of new lease areas for wind farms off the coasts of New York and New Jersey demonstrate the Biden administration's desire to foster the U.S. offshore wind industry — and interested parties should track the agency's plans for other coastal areas, says attorneys at K&L Gates.

• Infrastructure Law Is Not All Good News For Construction Cos.

  

  The recently enacted Infrastructure Investment and Jobs Act will help strengthen the construction industry and create jobs, but heightened material costs, conflicts between state and federal law, and environmental concerns must be considered by entities wishing to take advantage of the increased development, say Gary Strong and Madison Calkins at Gfeller Laurie.

• High Court's Return To Wetlands Debate May Bring Clarity

  

  The U.S. Supreme Court's recent decision to revisit the reach of the Clean Water Act, in its forthcoming consideration of Sackett v. U.S. Environmental Protection Agency, may help lift the clouds of uncertainty that have plagued jurisdictional wetlands determinations for decades, says Bryan Moore at Balch & Bingham.

• Electricity Market Competition Helps Consumers And Climate

  

  Lawmakers looking to combat climate change and increase consumer choice should encourage and expand competitive electricity supply markets, to free customers from inefficient and often corrupt vertically integrated monopoly utilities, says Todd Snitchler at the Electric Power Supply Association.

• What Infrastructure Act Means For Transmission Line Projects

  

  The Infrastructure Investment and Jobs Act gives the Federal Energy Regulatory Commission authority to supersede state siting decisions for electric transmission projects, but environmental review requirements make a sudden acceleration of transmission line construction unlikely, say attorneys at Winston & Strawn.

• DOI's Vision For Offshore Wind: Obstacles And Opportunities

  

  The U.S. Department of Interior's recent announcement of its intent to open the U.S. coastline to large-scale offshore wind projects is promising, but wind developers must be ready to confront distinct technical and regulatory challenges in each coastal region, say attorneys at Holland & Knight.