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Expert Analysis

• Bat Species Status Ruling Leaves Cos. Hanging

  

  A D.C. federal court's recent overturning of the U.S. Fish and Wildlife Service's decision to list the northern long-eared bat as threatened rather than endangered creates regulatory uncertainty for those developing, constructing or operating projects within the species' range, say Brooke Wahlberg and Rebecca Barho of Nossaman.

• Ruling On FERC's Tolling Orders Could Slow Pipelines

  

  If the D.C. Circuit reins in the Federal Energy Regulatory Commission’s use of tolling orders — which delay court challenges to FERC directives — landowners might be gratified, but interstate pipeline construction projects could face added delays, says Richard Drom of Eckert Seamans.

• Pa. Fracking Decision Leaves Trespass Question Open

  

  In Briggs v. Southwestern Energy Production Co., the Pennsylvania Supreme Court has affirmed that fracked oil and gas belongs to whomever extracts it from the ground — but left open the potential for trespass actions when there is proof of physical invasion of the adjoining property, say attorneys with Saul Ewing.

• Getting State Approvals For Energy Storage Siting

  

  Many state laws are still ambiguous about regulatory oversight of energy storage facility siting, so energy storage developers should consider proactively engaging with state regulators to determine whether they will assert jurisdiction, says Andy Flavin of Troutman Sanders.

• Trump's NEPA Reform Is No 'Nixon In China' Moment

  

  There is broad consensus across the political spectrum that the National Environmental Policy Act needs common-sense procedural reforms, but President Donald Trump's proposal to update NEPA is merely a smorgasbord of changes favored by his supporters, say Seth Jaffe and Aaron Lang of Foley Hoag.

• Unpacking The Final Opportunity Zone Regulations: Part 2

  

  In the conclusion of his two-part article on the U.S. Department of the Treasury's final regulations for the opportunity zone tax regime, Tucker Thoni at GrayRobinson highlights taxpayer-friendly changes, including safe harbors and clarification of rules for tangible business property.

• Trump's NEPA Reform Is Crucial For Energy Development

  

  The White House Council on Environmental Quality’s recently proposed reform to the National Environmental Policy Act will further American energy progress in 2020 and beyond, and should be finalized as soon as practicable, say Paul Afonso and Ben Norris of the American Petroleum Institute.

• Unpacking The Final Opportunity Zone Regulations: Part 1

  

  In his two-part article on the U.S. Department of the Treasury's final regulations for the opportunity zone tax regime, Tucker Thoni at GrayRobinson highlights important differences between the proposed and final regulations that should increase taxpayer confidence in the investment program.

• FERC Guidance Aims To Foster Hydropower At Mines, Dams

  

  Recent guidance from the Federal Energy Regulatory Commission will streamline development of hydroelectric projects at nonpowered dams and abandoned mines — where new environmental impacts will be minimal and much of the construction and regulatory work is already done, say Daniel Skees and Robert Goldfin of Morgan Lewis.

• Prepare For Greater IRS Scrutiny On Conservation Easements

  

  The IRS recently announced stepped-up enforcement on abusive syndicated conservation easement transactions, but proactive taxpayers may avoid penalties by filing qualified amended returns or administrative adjustment requests before the IRS comes knocking, say attorneys at Greenberg Traurig.

• Wash. Ruling Offers Key Safeguards For Additional Insureds

  

  In T-Mobile USA Inc. v. Selective Insurance Company of America, the Supreme Court of Washington recently strengthened the protections for so-called additional insureds relying upon inaccurate certificates of insurance — a win for both policyholders and entities named as additional insureds on others' policies, say Catherine Doyle and Brian Scarbrough at Jenner & Block.

• New Pa. DEP Fill Material Policy Increases Project Complexity

  

  The Pennsylvania Department of Environmental Protection's new fill management policy affects, among others, real estate developers, land owners, railroads and public utilities, and will increase the time and effort necessary to determine whether fill material qualifies as clean fill, says Michael Meloy of Manko Gold.

• Pipeline Projects Face New Questions On Landowner Rights

  

  The tension between the rights of landowners and pipeline developers has come to a head in two federal appellate courts and a Federal Energy Regulatory Commission announcement, muddling the historical clarity of Natural Gas Act eminent domain authority, say attorneys at K&L Gates.