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Articles

USFWS Delays Threatened and Endangered Statuses of Lesser Prairie-Chicken and Northern Long-Eared Bat

This week, the U.S. Fish and Wildlife Service (“USFWS”) extended the effective dates of its decisions to list populations of...

U.S. Fish and Wildlife Service Hopes to Increase Efficiency of Eagle Take Permitting with New Rule

The U.S. Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register that, if adopted, would revise...

Major Fines for Stormwater Violations at Solar Farms

Four solar farm owners agreed in November 2022 to pay major fines in settlements with the Department of Justice (“DOJ”)...

SEC Update December 2022

SEC/SRO Update: DOJ Obtains First Criminal Sherman Act Monopolization Conviction in Decades; SEC Proposes New Oversight Requirements for Certain Services...

Like Inflation, Investment in Critical Minerals Isn’t Transitory

As part of ongoing attempts by the U.S. government to promote domestic availability of “critical minerals,” certain provisions of the...

North Dakota Supreme Court Invalidates Key Provisions of Statute Governing Rights to Pore Space

In Northwest Landowners Association v. State, No. 20210148, 2022 N.D. Lexis 152 (N.D. Aug. 4, 2022), the North Dakota Supreme...

USFWS Proposes to List the Tricolored Bat as Endangered, Citing Wind Energy-Related Impacts

On September 14, 2022, the U.S. Fish and Wildlife Service (USFWS) published a proposed rule to list the tricolored bat...

Senate Releases Permitting Bill to Expedite Infrastructure Projects

Senate Legislative Counsel, Draft copy of ELT22557 0PR Released September 21, 2022 This week, Senator Joe Manchin released an updated...

The Phase I Decision Regarding Public Service 2021 Electric Resource Plan & First Clean Energy Plan

Our June 2022 Clean Energy and Sustainability Group Newsletter included a status report on the Application of Public Service Company...

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