Public Interest? Federal Court Questions USACE Review of Need for Hospital

On September 9, 2021, the U.S. District Court for the Northern District of Ohio ruled against the U.S. Army Corps of Engineers (USACE) in a case styled Friends of the Mahoning River v. U.S. Army Corps of Engineers , a challenge to a Section 404 permit issued for the construction of a hospital. Although challenges to Section 404 permits are nothing new, this particular case is notable for its treatment of USACE public interest regulations – regulations that apply to all applications for Department of the Army permits by the USACE Regulatory Program. 33 CFR Part 320. Those regulations require...

FERC Announces Members and Establishes First Meeting for Joint Federal-State Transmission Task Force

On August 30, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an order advancing its efforts on the Joint Federal-State Task Force on Electric Transmission (“Task Force”) [1] initially announced in a June 17, 2021 FERC order . [2] The August 30 FERC order identified Task Force members, announced an initial meeting date, and requested that interested stakeholders submit recommended agenda topics for the Task Force’s initial meeting to FERC. FERC identified the following broad goals for the Task Force: “identifying barriers that inhibit planning and development of more efficient...