In Uhrich & Brown Ltd. Partnership v. Middle Republican Natural Resource District (“NRD”), the Nebraska Supreme Court vacated the NRD’s administrative ruling because its attorneys both prosecuted the case and participated in the NRD’s decision‑making process.The Court found that the NRD’s administrative proceedings lacked neutrality and violated Uhrich & Brown […]
Dirt Alert
Federal Court Holds Counties May Not Impose “Safety Standards” on Carbon Pipelines
Under the U.S. District Court for the Southern District of Iowa’s decisions, counties may not regulate carbon pipelines’ setbacks, decommissioning or emergency-response requirements. Under the Supremacy Clause of the U.S. Constitution, federal statutes and regulations preempt any incompatible local law.[1] Preemption can occur either expressly or by implication, such as […]
EPA Publishes Permitting Tracker For Carbon Capture And Storage Projects
EPA’s tracker provides federal guidelines and updates for carbon capture and storage (“CCS”) projects but no guarantee of a timely Class VI permit approval. The U.S. Environmental Protection Agency (“EPA”) recently published a new tracker (available at this link) that details the EPA’s progress in reviewing Class VI permit applications. […]
U.S. Department of Energy Issues Additional NEPA Exemptions for Solar Energy Projects
These exemptions would help certain solar energy projects avoid significant public disclosure and delay. On November 16, 2023, the U.S Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking for regulations related to solar energy generation facilities. The Notice seeks comment on updated exceptions from National Environmental Policy Act […]
Federal Regulators Propose to Clarify the Scope of the ITC and Who Qualifies for Increased Credit Amounts
The proposed regulations clarify what property qualifies for the credit, which taxpayers qualify for increased credit amounts and several other key aspects of the ITC. The Department of the Treasury (“Treasury”) and Internal Revenue Service (“IRS”) proposed regulations on November 17, 2023, that would clarify key components of the Investment […]