Posts tagged energy project.
Advocacy Groups Threaten Endangered Species Act Lawsuit Against Virginia Offshore Wind Project

On November 13, two advocacy organizations submitted a notice of intent to sue the National Marine Fisheries Service (NMFS) and the Bureau of Ocean Energy Management (BOEM). The notice letter alleges that the September 18, 2023 Biological Opinion (BiOp) issued by NMFS for the Coastal Virginia Offshore Wind (CVOW) project violates the Endangered Species Act (ESA) because it fails to adequately analyze and mitigate the project's impacts on the endangered North Atlantic right whale (Eubalaena glacialis). … 

Massachusetts Court Refuses to Halt Construction of Offshore Wind Project

On May 25, 2023, the federal District Court for the District of Massachusetts denied a motion by plaintiffs seeking to halt construction of the Vineyard Wind project offshore of Massachusetts, in the case of Seafreeze Shoreside, Inc. v. U.S. Department of Interior, 22-cv-11091 (Talwani, J.). The summary judgment motions in the case are still pending, and the plaintiffs have appealed the decision denying their request for a preliminary injunction or stay under the Administrative Procedure Act (APA) to the United States Court of Appeals for the First Circuit.

The plaintiffs in ...

Fifth Circuit Upholds USFWS Approval of Liquified Natural Gas Facility

On March 10, 2021, the United States Court of Appeals for the Fifth Circuit upheld a biological opinion (BiOp) and incidental take statement (ITS) issued by the U.S. Fish and Wildlife Service (Service) in connection with a $5.2 billion project to export liquefied natural gas from a terminal located on the south bank of the Brownsville Ship Channel in Cameron County, Texas (Project). Sierra Club v. Dep’t of the Interior, Case No. 20-60319 (5th Cir. 2021).  In reaching its decision, the Fifth Circuit refused to second-guess the agencies consistent with the deferential standard of ...

Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the past year, starting with last summer’s Endangered Species Act (ESA) amendments. Some of these challenges stem from changes in regulatory schemes or adverse court holdings, while others stem from uncertainty of pending ESA listing decisions and other actions. 

In our recent webinar concerning Adapting Linear Infrastructure Projects to Changing Regulatory Frameworks, we discussed the path for energy providers to move forward and reduce the risk that projects may be delayed or scrapped down the road. One of the topics we covered was the 2019 regulatory amendments to the Endangered Species Act (ESA). In the following video clip from the webinar, we review some of the revised definitions and updated language in the new version of the regulations.

If you would like to view the full webinar ...

Law Seminars International’s CEQA and the NEPA Rewrite Seminar

Please join me for Law Seminars International’s virtual event, CEQA and the NEPA Rewrite Seminar, on July 29th. From 2:00 to 2:45 p.m. PT, I will be presenting “Climate Change and Cumulative Impacts Analysis: Energy Infrastructure Projects,” and speaking on the...

Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.

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