Feds Gain Ground in Energy Permit Turf War with States, Law360

Partner Alex Hastings was quoted by Law360 in an article examining a federal court ruling endorsing the federal government’s authority under the Defense Production Act (DPA) to preempt certain state laws affecting energy infrastructure projects.

Alex discussed how the decision could encourage broader use of the DPA to advance energy projects that have encountered permitting or other development delays.

“We could see this as a validation of the administration’s efforts to expand opportunities for energy companies ... and similar companies, and whether it’s an existing project that has been stalled or a greenfield project that is stalled, to start to issue these DPA orders to expand capacity for energy,” Alex said.

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