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Joe Fagan was quoted in an article, "Pipeline Fights May Determine Scope Of Climate Reviews," in Law360. The article is about how an increase in legal challenges by environmental groups claiming that the Federal Energy Regulatory Commission must examine the climate change impacts of increased natural gas drilling before approving pipelines could help define the boundaries of a landmark 2004 U.S. Supreme Court ruling that limited the scope of federal environmental reviews to actions within an agency's authority. The cases give the D.C. Circuit an opportunity to further clarify the extent of the Supreme Court's unanimous decision in the 2004 case U.S. Department of Transportation v. Public Citizen, in which it held that the Federal Motor Carrier Safety Administration wasn't required under NEPA to thoroughly evaluate the environmental impact of Mexican trucks entering the U.S. because the activity was prompted by actions beyond its control. "The Public Citizen case is 12 years old. It wasn't until recently that people have raised this production argument," Fagan said. "If FERC looks at the impact of the production and concludes that this pipeline project is not going to add much incrementally to what's being produced, then I still think the opponents have a high bar to successfully argue in court that FERC didn't fulfill its obligations under NEPA."
Day Pitney is a sponsor of the New England Women in Energy and the Environment (NEWIEE) 2022 Women Shaping the Agenda Event, "Doing Well By Doing Good," taking place on August 3 at the University of St. Joseph in West Hartford, CT.
Day Pitney Attorneys Eric Runge, Evan Reese and Margaret Czepiel authored the article, "FERC Interconnection Revamp Plan: Some Pain, Big Gains," for Law360.
Day Pitney Advisory
On June 16, Day Pitney will host a webinar, "FERC Order No. 2222 Implementation: Market Opportunities and Risks for Distributed Energy Resources."
Day Pitney Attorneys Joseph H. Fagan, Harold M. Blinderman, Margaret Czepiel and Samantha Regan authored the article, "FERC Issues Two Policy Statements Impacting Natural Gas Infrastructure Projects," for Pratt's Energy Law Report.
Day Pitney Renewable Energy Attorneys completed two major transmission siting filings in Massachusetts and Rhode Island related to a second 1,200 MW offshore wind transmission connector project for Mayflower Wind Energy LLC (Mayflower Wind), a major developer of offshore wind energy generation and related transmission projects.
Day Pitney Press Release
Day Pitney Press Release
Day Pitney Press Release
Day Pitney Boston-based Energy Counsel Eric Runge was quoted in Engineering News-Record article, "U.S. Offshore Wind: Moving Power to the People." Runge discussed how interconnection queue delays can impact power purchase agreements.
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