Supreme Court Brings “Judicial Review Under NEPA Back in Line with the Statutory Text”

By |2025-06-02T14:53:41+00:00May 30th, 2025|Federal Lands, National Environmental Policy Act, Renewable Energy, Solar Energy, Wind Energy|

Despite all the press, the U.S. Supreme Court’s May 29, 2025, decision in Seven County Infrastructure Coalition v. Eagle County, Colorado (No. 23-975) actually does little to change NEPA, but developers of infrastructure projects will welcome the clarity it brings. The unanimous decision firmly roots itself in long-standing precedent to remind an often-confused federal judiciary that (i) agency decisions implementing NEPA must be accorded substantial deference; and (ii) NEPA review is limited to proximately caused effects such that the impacts of an agency action arising from a separate project do not have to be evaluated. [...]

Read More
 0

DOI Proposes Increase of Renewable Energy Rents and Fees on BLM Lands

By |2025-05-15T00:11:36+00:00May 14th, 2025|Federal Lands, Renewable Energy, Solar Energy, Wind Energy|

On May 14, 2025, the Department of the Interior (DOI) issued a press release signaling its intent to significantly increase annual rents and fees for renewable energy projects on federal lands by rescinding the Bureau of Land Management’s (BLM) Renewable Energy Rule that took effect in July 2024. The recission also would remove certain elements of BLM’s application processing regulations and may reinstate the framework in place under BLM’s old regulations that had been in effect since 2017. The following assessment summarizes the current state of BLM’s renewable energy regulations and what could happen next, [...]

Read More
 0

Draft Bill Could Increase Fees for Wind and Solar Projects on Federal Lands

By |2025-05-09T00:04:47+00:00May 9th, 2025|Federal Lands, Renewable Energy, Solar Energy, Wind Energy|

On May 1, 2025, the House Natural Resources Committee released a draft budget reconciliation bill that, if enacted, could increase long-term costs for wind and solar energy projects on federal lands. The bill would replace the Bureau of Land Management's (BLM) current capacity fee formula with a flat percentage of gross revenue, double acreage rent for wind projects, and eliminate BLM's discretion to lower charges. The bill is currently in draft form and has not been signed into law. As part of the budget reconciliation process – a legislative procedure that allows certain fiscal measures [...]

Read More
 0

Questions Remain Around BLM’s Renewable Energy Rents Rule

By |2025-04-01T15:29:45+00:00April 1st, 2025|Federal Lands, Renewable Energy, Solar Energy, Wind Energy|

Questions Remain Around BLM’s Renewable Energy Rents Rule The U.S. Bureau of Land Management’s (BLM) July 2024 Renewable Energy Rule reduces annual costs of operating wind and solar energy projects on federal lands, but its complexity makes it difficult for developers and financiers to forecast BLM charges and decide whether to opt in by July 1, 2026. The Renewable Energy Rule overhauls how the agency charges annual rents and capacity fees for renewable energy rights-of-way. Please refer to our article on the original rule for an overview of its major components. The rule generally lowers [...]

Read More
 0

BLM Finalizes Rule to Lower Annual Charges for Wind and Solar Projects

By |2024-04-18T16:27:11+00:00April 18th, 2024|Federal Lands, Renewable Energy, Solar Energy, Wind Energy|

On 11 April 2024 the U.S. Bureau of Land Management (BLM) released a prepublication copy of a final rule that will reduce annual rent and capacity fees for wind and solar energy rights-of-way (ROWs), allow noncompetitive leasing in Designated Leasing Areas (DLAs), modify BLM’s approach to prioritizing applications, and make other changes to the application process. The rule will take effect 60 days after publication in the Federal Register. Rents and Capacity Fees The Federal Land Policy and Management Act of 1976 directs BLM to collect fair market value for use of public lands. Under [...]

Read More
 0

BLM Proposes Permitting Revisions to Support Renewables

By |2024-04-17T21:41:13+00:00July 19th, 2023|Federal Lands, Renewable Energy, Solar Energy|

On 15 June 2023, the U.S. Bureau of Land Management (BLM) released a proposed rule that would partially rewrite the agency’s regulations pertaining to wind and solar energy development of federal public lands. Comments are due by 15 August 2023. The proposed rule would significantly reduce BLM’s annual charges for new and existing wind and solar rights-of-way (ROWs) by using different methodologies to calculate acreage rent and capacity fees and applying additional reductions; allow for noncompetitive leasing within designated leasing areas (DLAs); and make various other changes to the existing regulations that are generally favorable [...]

Read More
 0

Fish and Wildlife Service Proposes Eagle Take General Permits

By |2024-04-17T21:42:04+00:00October 5th, 2022|Renewable Energy|

On 30 September 2022, the U.S. Fish and Wildlife Service (Service) published a proposed rule that would create a standardized permitting program for the incidental take of bald and golden eagles by qualifying activities such as wind energy projects and power lines. The proposed rule would amend the Service’s Bald and Golden Eagle Protection Act (BGEPA) permitting regulations to offer general take permits as an alternative to the project-specific eagle take permits that are available under current regulations. General permits would be valid for five years subject to renewal and would be issued automatically without [...]

Read More
 0

Is California’s AB 205 a Renewable Energy Game Changer?

By |2024-04-17T21:42:11+00:00August 25th, 2022|Renewable Energy|

A new, one-stop, 270-day wind, solar, and storage permitting process at the California Energy Commission (CEC) makes California’s Assembly Bill 205 (AB 205) sound promising, but past practice suggests it only may be attractive to developers facing stiff local agency opposition. California Governor Gavin Newsom signed AB 205 into law on 30 June 2022. The law allows developers of wind and solar projects with a capacity of at least 50 megawatts (MW) and storage projects of at least 200 megawatt hours (MWh) to avoid local permitting by opting into the nearly exclusive permitting jurisdiction of [...]

Read More
 0

Biden Takes Next Step Toward West Coast Offshore Wind

By |2024-04-17T21:42:20+00:00January 14th, 2022|National Environmental Policy Act, Renewable Energy, Wind Energy|

On 11 January 2022, the United States Bureau of Ocean Energy Management (BOEM) issued a draft Environmental Assessment (EA) for site assessment and characterization activities and the issuances of leases in the Humboldt Wind Energy Area. Assuming the agency finalizes the EA following public comment, its next step will be to hold an auction for offshore wind leases. While turbine construction is still years away—and subject to myriad other federal and state approvals—BOEM’s recent action represents an important milestone on the road to offshore wind energy on the West Coast. Humboldt Wind Energy Area [...]

Read More
 0

Biden Administration Scraps Trump-Era Migratory Bird Rule, Looks Ahead to Incidental Take Permitting

By |2024-04-17T21:42:45+00:00October 6th, 2021|BGEPA and MBTA, Renewable Energy, Solar Energy, Wind Energy|

On 4 October 2021, the U.S. Fish and Wildlife Service (USFWS) announced its intent to revoke a Trump-era rule that limited the scope of the Migratory Bird Treaty Act (MBTA) to prohibiting intentional take of avian species and instead develop a new rule for the authorization of what soon will again otherwise be prohibited incidental take. Effective 3 December 2021, the agency will return to implementing the MBTA as prohibiting “incidental take” of birds that results from otherwise lawful activities. As predicted, we will then be back to a world in which USFWS’s enforcement [...]

Read More
 0
  • This field is for validation purposes and should be left unchanged.

Let us be your guide.

If you are considering a development project subject to California or federal permitting regulations, let us know. We can help you navigate the legal landscape faster and safer because we’ve been traversing and mapping it for decades. Whatever the stage of entitlement, financing, or construction of your project, we would be happy to discuss how we might serve your needs.

Contact Us
Go to Top