In this Issue: Mission is Market -
As with many, we in the Foley Hoag energy and climate practice have felt the results of the 2024 election reverberate through our industry. We’ve gathered and digested the most current...more
12/20/2024
/ Biden Administration ,
Charging Stations ,
Clean Energy ,
Climate Change ,
Electric Vehicles ,
Electricity ,
Energy Projects ,
Energy Sector ,
Energy-Efficiency Tax Credits ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Funding ,
Inflation Reduction Act (IRA) ,
Investment ,
Investors ,
Legislative Agendas ,
Production Tax Credit ,
Regulatory Agenda ,
Renewable Energy ,
Tariffs ,
Tax Credits ,
Trump Administration ,
U.S. Treasury
On December 4, 2024, the Department of the Treasury finalized new rules governing the Section 48 Investment Tax Credit (“ITC”). The ITC applies to a broad range of clean energy projects, including biogas projects, which were...more
12/10/2024
/ Biofuel ,
Clean Energy ,
Energy Projects ,
Energy Sector ,
Energy Tax Incentives ,
Inflation Reduction Act (IRA) ,
Investment Tax Credits ,
IRS ,
Natural Gas ,
Production Tax Credit ,
Proposed Rules ,
Regulatory Agenda ,
Tax Credits ,
Tax Equity ,
U.S. Treasury
After months of waiting to see how federal regulators might advance clean hydrogen tax policy in the runup to and following the November election, we are finally getting some news:
Several outlets are reporting that the...more
The IRA created substantial tax credits for SAF. Under Section 40B, SAF producers who meet certain requirements can claim a credit of at least $1.25 per gallon of SAF. Among other things, eligible SAF must achieve lifecycle...more
5/3/2024
/ Biofuel ,
Clean Fuels Program (CFP) ,
Climate Change ,
Energy Sector ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
IRS ,
New Guidance ,
Production Tax Credit ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury
On April 10, 2024, Department of Treasury and the Internal Revenue Service (collectively, “IRS”) issued further guidance on the “Provisional Emission Rate” or “PER” process for the Inflation Reduction Act’s (“IRA”) Hydrogen...more
4/12/2024
/ Clean Energy ,
Climate Change ,
Comment Period ,
Department of Energy (DOE) ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
IRS ,
New Guidance ,
Production Tax Credit ,
Renewable Energy ,
Tax Code ,
U.S. Treasury
On December 22, 2023, the Department of Treasury and Internal Revenue Service (collectively, “IRS”) proposed new regulations for the Inflation Reduction Act’s (“IRA”) Hydrogen Production Tax Credit (“PTC”), otherwise known as...more
1/8/2024
/ Energy Tax Incentives ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
IRS ,
Popular ,
Proposed Regulation ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury ,
Zero Emission Credits
On December 15, 2023, IRS published Notice 2024-06, a brief but important guidance on Section 40B, the Inflation Reduction Act (“IRA”) tax credit for sustainable aviation fuel (“SAF”). The guidance establishes a safe harbor...more
12/21/2023
/ Biofuel ,
Clean Air Act ,
Clean Energy ,
Climate Change ,
Department of Energy (DOE) ,
Energy Tax Incentives ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
Renewable Energy ,
Sustainability
The Federal Aviation Administration (FAA) has announced the availability of $300 million in discretionary grant funds as part of their Fueling Aviation’s Sustainable Transition (FAST) program. The goal of the program is to...more
This morning, the Department of Energy decided how it will allocate up to $7 billion of Bipartisan Infrastructure Law (“BIL”) funding set aside for establishing regional Hydrogen Hubs....more
The Department of Energy (“DOE”) held a webinar on Friday, August 18, 2023 on the U.S. government’s national hydrogen strategy. The main announcement was the formation of the Hydrogen Interagency Taskforce, or “HIT,” but the...more
On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more
8/3/2023
/ Biden Administration ,
CEQ ,
Climate Change ,
Comment Period ,
Environmental Assessments ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Review ,
Greenhouse Gas Emissions ,
NEPA ,
Proposed Rules ,
Public Comment ,
Regulatory Oversight ,
Rulemaking Process
[This is the fifth post in our Hydrogen Blog Series...]
The Bipartisan Infrastructure Law appropriated $8 billion for developing Hydrogen Hubs—regional networks to produce, distribute, and use clean hydrogen to curb...more
On May 25, 2023, the Supreme Court issued its long-awaited decision in Sackett v. Environmental Protection Agency, which significantly narrowed the Clean Water Act’s (“CWA”) test for determining whether wetlands are protected...more
5/31/2023
/ Clean Water Act ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Rapanos v US ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Water Projects ,
Waters of the United States ,
Wetlands
[This is the third post in our Hydrogen Blog Series. Read the first post here and the second post here] One of the biggest hurdles for clean hydrogen is high costs. The Department of Energy graph below says it all. Today, a...more
5/23/2023
/ Affordable Housing ,
Bipartisan Agreement ,
Clean Energy ,
Department of Energy (DOE) ,
Environmental Protection Agency (EPA) ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
IRS ,
Supply Chain ,
Tax Credits ,
Transportation Industry ,
Urban Planning & Development
After weeks of hints and leaks, yesterday morning (May 11, 2023), EPA proposed a new rule regulating emissions from power plants. The proposed rule would apply to new and existing gas plants and existing coal plants—new coal...more
5/12/2023
/ Carbon Capture and Sequestration ,
Clean Air Act ,
Clean Energy ,
Climate Change ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
New Rules ,
Power Plants ,
Proposed Rules ,
Regulatory Requirements
[This is the second post in our Hydrogen Blog Series. Read the first post...]
In the first post, I alluded to the technical issues hydrogen developers are considering. Here we’ll look at how hydrogen is produced and what...more
It’s a well-worn cliché that siting clean energy projects in Massachusetts is difficult. The statutes, regulations, and permitting processes intended to protect the Commonwealth’s environment and communities can also slow...more
On April 12, 2023, the Environmental Protection Agency (EPA) proposed new pollutant emissions standards for light-duty and medium-duty vehicles and heavy duty vehicles. The proposed rules set new, aggressive greenhouse gas...more
We’re launching this blog series to help readers keep pace with the fast-moving world of clean hydrogen. Each week or so we’ll post an article on different legal, regulatory, and technical opportunities and challenges facing...more
The new year brings new NEPA (interim) guidance on climate change. It recommends several ways that federal agencies should consider climate change impacts for projects subject to NEPA review. The guidance is effective...more
On December 1, 2022, the Environmental Protection Agency (“EPA”) proposed a sweeping new rule for the Renewable Fuel Standards (“RFS”) Program, the federal government’s flagship program for facilitating the production of...more
Federal Energy Regulatory Commission (FERC)-watchers have their eyes squarely on recent reports that Senator Joe Manchin, Chair of the Senate Energy and Natural Resources Committee, won’t schedule a hearing on Chairman...more
The Supreme Court decided West Virginia v. EPA on Thursday, June 30, 2022, curbing the power of the Environmental Protection Agency (EPA) to regulate greenhouse gas emissions from power plants across the country. The...more
This is the second post in our series on the recently enacted Infrastructure Investment and Jobs Act, covering how the Act invests in strengthening our electric grid, which could better prepare us for the shift from fossil...more
In Van Buren v. United States, the Supreme Court has issued its first ever opinion interpreting the Computer Fraud and Abuse Act. The CFAA, originally conceived as an anti-hacking statute, broadly prohibits, and imposes...more