On March 18, 2010, the Federal Energy Regulatory Commission (FERC) issued a Policy Statement on Penalty Guidelines (Penalty Guidelines).

On April 22, 2009, the Minerals Management Service (MMS) of the U.S. Department of Interior (DOI) issued its long-awaited final regulations implementing its authority under Section 388 of the Energy Policy Act of 2005 (EPAct 2005) to grant leases, easements, and rights-of-way for renewable energy projects on the Outer Continental Shelf (OCS).

Back in July, the EPA released its Advance Notice of Proposed Rulemaking on GHG regulation; the ANPR was accompanied by statements by the EPA Administrator and several other agencies emphasizing that the Clean Air Act is an ill-suited vehicle for such regulation.

On May 15, the Federal Energy Regulatory Commission (FERC or Commission) issued a package of orders addressing its enforcement authority under the Federal Power Act, Natural Gas Act, and Natural Gas Policy Act.

Happy New Year! This is the season of top-ten lists, so Van Ness Feldman is doing its first-ever Top Ten U.S. Climate Change Law and Policy Developments of 2009 in lieu of the Weekly Climate Change Policy Update.

The Memorial Day Congressional recess brought a bit of a respite in legislative activity on climate change in the House, leaving speculation and questions about what roles other House Committees will play on the Waxman-Markey bill and when the bill might reach the House floor . . .

President Obama left China with a raft of agreements for cooperation on clean energy.

The half page co-authored by Sen. Kerry in last week’s New York Times threatens to eclipse the 821 pages he co-authored with Chairman Boxer . . . Sen. Graham is doing the rounds in his new role as climate centrist, meeting with the World Business Council for Sustainable Development and the Pew Center Business Environmental Leadership Council . . .

EPA is taking further steps to roll out the Prevention of Significant Deterioration (PSD) permitting program for greenhouse gases (GHGs).

The Obama Administration began a charm offensive this week, attempting to demonstrate the achievements and effectiveness of the Clean Air Act .

To those thinking that President-elect Obama might back pedal on cap-and-trade legislation in light of a difficult economy, the President-elect responded with a forceful statement of commitment.

Examining the state of the Senate, it is difficult to discern – at least at the moment – a path to 60 votes.

In his meeting with Senate Republicans, President Obama advocated for climate change legislation, and pushed aside suggestions for more limited energy-only legislation . . .

The Kerry-Graham-Lieberman bill stalemate continues. The bill has gone to the Environmental Protection Agency (EPA) for modeling. President Obama hinted that immigration legislation may wait until next year .

What can we expect from President-elect Obama and the new Congress? Expect some near-term green energy legislation, including funding for renewables, green buildings, biofuels, and transmission.

The Federal Aviation Administration (FAA) recently issued a final rule to regulate the commercial use of small unmanned aircraft or drones.

Majority Leader Reid pulled the plug on a carbon pricing element of the energy bill, citing insufficient votes.

The President is bringing together a small bipartisan group of Senators this week to further discuss energy/climate legislation . . .

Standing with CEOs of the major manufacturers, the White House announced plans for the next tranche of GHG emission and fuel economy standards for passenger vehicles, and first-time GHG standards for heavy-duty vehicles .

Top House Republicans wrote a letter to EPA Administrator Lisa Jackson requesting information on the costs of planned environmental regulations.