Over the past several decades, significant tension has developed between the federal role in overseeing and authorizing certain types of energy infrastructure projects and states’ roles in regulating water quality under the cooperative federalism structure of the Clean Water Act (CWA or the Act). This tension has played itself out in various contexts, but the
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LNG Export Terminal Approval May Provide Model for Future FERC Climate Change Analyses
UPDATE: During Oral Argument, DC Circuit Suggests Waiver Period for State Water Quality Certification May Be Less Than One Year
During Oral Argument, D.C. Circuit Suggests Waiver Period for State Water Quality Certification May Be Less Than One Year
Third Circuit Decisions “Clarify” the Extent of Federal Appellate Court Jurisdiction Over Appeals of Pipeline Permits That Are Subject to State Administrative Review
Third Circuit Decisions “Clarify” the Extent of Federal Appellate Court Jurisdiction Over Appeals of Pipeline Permits That Are Subject to State Administrative Review
Fifth Circuit Vacates Preliminary Injunction on Appeal, Allowing Bayou Bridge Pipeline to Proceed
D.C. Circuit Raises the Stakes: NEPA Defect Sufficient to Halt Pipeline Operations
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