On January 9, 2020, WildEarth Guardians and Physicians for Social Responsibility filed suit in the DC District Court challenging the Bureau of Land Management’s (BLM) approval of over 2,000 oil and gas leases. The leases were sold through 23 different lease sales, spanning from December 8, 2016, to March 20, 2019, and they cover over two million acres of public lands across five western states—Colorado, Montana, New Mexico, Utah and Wyoming. The conservation groups contend that BLM continually fails to fully account for climate change impacts associated with oil and gas leasing.
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After conducting a “listening tour” in 14 cities across the state, the Texas Water Development Board (TWDB) has recently released proposed new rules for flood mitigation funding.  The proposed rules implement new legislation and measures[1] adopted in the aftermath of recent notable flooding events experienced in Texas, including Hurricane Harvey, a storm that resulted in an estimated $125 billion in damages.  As a result, the state will now play a significant role in funding flood mitigation infrastructure.  The new measures include, among other things, the TWDB’s implementation of the legislative transfer of about $800 million from the state’s rainy day fund, mainly funded by oil and gas taxes, to a newly-established flood infrastructure fund (FIF).  
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Last week, Annie Kuster (D-NH) along with four other Democratic members of Congress introduced a proposed Natural Gas Act (NGA) amendment aimed at banning the use of eminent domain for construction or expansion of interstate natural gas pipeline infrastructure through lands subject to conservation restrictions in favor of, or owned by, non-profit entities or local governments. The proposed legislation is “The Protecting Our Conserved Lands Act of 2019.”
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Electric vehicle (EV) production is expected to increase substantially in the near future. So, too, will the need to solve the problem of used EV batteries after they no longer meet EV performance standards. One solution may be to reuse those batteries as a source of energy for the electric grid.
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The Endangered Species Act increasingly plays a larger role in environmental law and the federal permitting process for infrastructure projects. Hunton Andrews Kurth Partner Kerry McGrath and Associate Brian Levey give an inside look at the complex process of obtaining federal authorization for “take” of endangered species.
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On August 12, 2019, the US Fish and Wildlife Service and the National Marine Fisheries Service signed final rules instituting the first comprehensive revisions to Endangered Species Act regulations in 33 years. The Services made substantial revisions to their regulations concerning listing and delisting species, critical habitat designations, consultation with federal agencies and the process for establishing protections for threatened species. Two states and numerous environmental groups have signaled their plan to challenge the new rules.
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The United States’ first major offshore wind energy project is running into delays as federal agencies internally debate whether the project plan adequately protects the fishing industry. How the agencies resolve the degree to which the project plan must address the fishing industry’s concerns will shape how future offshore wind energy projects are planned and permitted.
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On June 26, 2019, the Council on Environmental Quality (CEQ) released draft guidance instructing federal agencies on how to consider and document greenhouse gas (GHG) emissions and the effects of climate change when evaluating proposed federal actions under the National Environmental Policy Act (NEPA).
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