The National Environmental Policy Act has drawn congressional and presidential frustration for long over a decade and the regulations of the body it created—the Council on Environmental Quality—have often been caught in the...more
4/22/2025
/ Department of Environmental Quality ,
Deregulation ,
Energy Policy ,
Energy Projects ,
Environmental Policies ,
Executive Orders ,
Judicial Review ,
NEPA ,
Proposed Legislation ,
Regulatory Reform ,
Regulatory Requirements ,
Trump Administration
On March 20, 2025, President Trump signed an Executive Order (“EO”) entitled Immediate Measures to Increase American Mineral Production. The EO builds on previous energy-focused actions taken by the Administration, and...more
4/2/2025
/ Defense Production Act ,
Department of the Interior ,
Disclosure Requirements ,
Energy Policy ,
Executive Orders ,
Export-Import Bank of the US ,
Fossil Fuel ,
Mining ,
Permits ,
Popular ,
Regulatory Reform ,
SBA ,
Supply Chain ,
Trump Administration
On January 20, 2025, President Trump issued several Executive Orders and memoranda (the “EOs”) signaling a significant policy shift favoring robust and market-based energy production (mostly relying on fossil fuels), while...more
1/27/2025
/ Carbon Capture and Sequestration ,
Clean Water Act ,
Defense Production Act ,
Department of Energy (DOE) ,
Endangered Species Act (ESA) ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Fossil Fuel ,
Infrastructure ,
Investment Tax Credits ,
Liquid Natural Gas ,
Mineral Exploration ,
NEPA ,
Oil & Gas ,
Regulatory Reform
On January 3, 2025, the IRS and Treasury issued long-awaited final regulations (the “45V Final Regulations”) implementing the clean hydrogen production tax credit (the “45V Credit”) under Section 45V of the Internal Revenue...more
1/14/2025
/ Carbon Capture and Sequestration ,
Clean Energy ,
Department of Energy (DOE) ,
Energy Projects ,
Energy Sector ,
Final Rules ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Internal Revenue Code (IRC) ,
IRS ,
Production Tax Credit ,
Regulatory Agenda ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury
Republicans have swept the 2024 elections, returning Donald Trump to the White House as the 47th President and flipping the Senate to a Republican majority. Having narrowly maintained control of the House of Representatives,...more
12/11/2024
/ Acquisitions ,
Affordable Care Act ,
Affordable Housing ,
Antitrust Provisions ,
Canada ,
Capital Formation ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Clean Air Act ,
Colleges ,
Congressional Investigations & Hearings ,
Coronavirus/COVID-19 ,
Data Privacy ,
Department of Energy (DOE) ,
Department of Justice (DOJ) ,
Deregulation ,
Digital Assets ,
Drinking Water ,
Drug Pricing ,
Electric Vehicles ,
Energy Sector ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Exports ,
Federal Trade Commission (FTC) ,
Final Rules ,
Financial Services Industry ,
Food and Drug Administration (FDA) ,
Fraud ,
Greenhouse Gas Emissions ,
Healthcare ,
Imports ,
Infrastructure ,
Lead ,
Medicaid ,
Medicare Advantage ,
Mergers ,
Mexico ,
Money Laundering ,
NAFTA ,
National Institute of Health (NIH) ,
Nuclear Power ,
Offshore Drilling ,
Offshore Wind ,
Oil & Gas ,
PFAS ,
Popular ,
Social Media ,
Tariffs ,
Tax Cuts ,
Technology ,
Transparency ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
Universities ,
Waivers
The trajectory of the hydrogen sector in the United States hinges on a critical question: what criteria will be used to define the term “clean hydrogen” for tax purposes?
As previously outlined in our Field Guide to Clean...more
1/11/2024
/ Clean Air Act ,
Department of Energy (DOE) ,
Environmental Protection Agency (EPA) ,
EU ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
New Guidance ,
Popular ,
Production Tax Credit
Environmental Justice: 2023 Year in Review and 2024 Look-Ahead -
As a concept, Environmental Justice, or EJ, has been around for more than 40 years. Beginning as a slogan at protests in Warren County, NC in 1982, EJ...more
12/21/2023
/ Biden Administration ,
CEQ ,
Clean Air Act ,
Climate Change ,
Department of Energy (DOE) ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Inflation Reduction Act (IRA) ,
NEPA ,
Proposed Rules ,
Toxic Chemicals
Hydrogen is a key ingredient in any country’s future energy plans. In the United States, the hydrogen sector is on the launch pad, ready for lift-off. However, its trajectory hinges on a critical question: what criteria...more
7/31/2023
/ Biden Administration ,
Carbon Emissions ,
Clean Energy ,
Department of Energy (DOE) ,
Energy Projects ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
EU ,
Greenwashing ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
IRS ,
Renewable Energy ,
Tax Code ,
Tax Credits
The United States recently took another important step in implementing a comprehensive strategy to advance the production, processing, delivery, storage, and use of clean hydrogen. On June 5, 2023, the Biden-Harris...more
6/12/2023
/ Carbon Capture and Sequestration ,
Carbon Emissions ,
Clean Energy ,
Department of Energy (DOE) ,
Energy Projects ,
Energy Sector ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
Popular ,
Renewable Energy ,
Tax Credits
Since taking office two years ago, the Biden Administration has emphasized efforts to incorporate environmental justice considerations into federal agency permitting, funding and financial support decision-making....more
For over two decades, investors in the energy sector have benefited from protections found in The Energy Charter Treaty (“ECT”). Investors in hydrogen projects will soon be able to benefit from these same protections....more
The EPA’s External Rights Compliance Office recently released Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (“the FAQ”). Stressing “that it is time to use the full extent of its...more
9/21/2022
/ Administrative Procedure Act ,
Civil Rights Act ,
Compliance Monitoring ,
Enforcement Actions ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Environmental Review ,
NEPA ,
New Guidance ,
NGOs ,
Permits ,
Pollution Control ,
Title VI
The Inflation Reduction Act of 2022, passed by the Senate on August 7, 2022, includes a number of provisions projected to result in significant investments in domestic energy production and manufacturing, and reduce carbon...more
8/11/2022
/ Biden Administration ,
Carbon Capture and Sequestration ,
Carbon Emissions ,
Department of Energy (DOE) ,
Department of Labor (DOL) ,
Energy Sector ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
Popular ,
Price Inflation ,
Production Tax Credit ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury
Texas regulators recently took additional steps in an effort to prevent another catastrophic loss of power like that experienced during Winter Storm Uri in February 2021. On November 29, 2021, the Railroad Commission of Texas...more
With winter coming, many are questioning whether Texas will be able to avoid another catastrophic loss of power like that experienced during Winter Storm Uri in February 2021. While regulators have known the causes of the...more
Few issues in Washington have been as elusive as passage of legislation to address the nation’s aging infrastructure. For a number of years, the White House, Senators and Members of Congress have announced plans to spend...more
Historically, environmental issues have been front and center for major project development throughout the world. But for projects in the United States, the Environmental Protection Agency’s (EPA) increased focus on the...more
8/23/2021
/ Carbon Emissions ,
Clean Water Act ,
Climate Change ,
Environmental Assessments ,
Environmental Impact Statements ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
FERC ,
Methane ,
Permits ,
Pipelines ,
US Army Corps of Engineers
Few issues in Washington have been as elusive as passage of legislation to address the nation’s aging infrastructure. For a number of years, the White House, Senators and Members of Congress have announced plans to spend...more
Hydrogen as a fuel for industrial applications, transportation, distribution and power generation, and for energy storage, is gaining worldwide momentum as a key component in the pursuit of decarbonization. The Federal...more
The Impact of COVID-19 on Nuclear Electricity Sales Contracts in France -
The electricity sector, like numerous others in France, has been heavily affected by the economic shutdown due to the COVID-19 pandemic.
The...more
6/25/2020
/ Administrative Hearings ,
Amended Rules ,
CARB ,
Climate Change ,
Commercial Bankruptcy ,
Construction Project ,
Coronavirus/COVID-19 ,
Delays ,
Electricity ,
Energy Sector ,
FERC ,
Force Majeure Clause ,
France ,
Low Carbon Fuel Standard ,
Mexico ,
Natural Gas ,
Nuclear Power ,
OSHA ,
Petition For Rehearing ,
Pipelines ,
Power Companies ,
Power Grid ,
Public Nuisance ,
Removal ,
Renewable Energy ,
Sales Contracts ,
Solar Energy ,
State Law Tort Claims ,
Wind Power ,
Workplace Injury
On June 9, 2020, the Federal Energy Regulatory Commission (FERC) issued a final rulemaking order amending its regulations to preclude the commencement of construction of FERC-authorized natural gas pipeline, storage and...more
Disrupting the Disruptor: How a Prepared and Proactive Owner Can Mitigate the Effects of Coronavirus on Construction Projects -
Once a remote health issue in China, the rapidly spreading coronavirus (COVID-19) has become...more
On February 12, 2020, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued its long-awaited Final Rule establishing safety regulations applicable to underground...more
The IMO and the Price of Gas or The Impact of the International Maritime Organisation’s Sulphur 2020 Limit for Marine Fuel Oil on the Price of Gas -
The main bunker fuel for ships is High Sulphur Fuel Oil (HSFO, with...more
11/20/2019
/ Customs ,
Energy Sector ,
Energy Storage ,
Environmental Protection Agency (EPA) ,
FERC ,
Fuel Supply ,
Gas Prices ,
Liquid Natural Gas ,
Maritime Transport ,
Market Based Approach ,
Natural Gas ,
Offshore Drilling ,
Oil & Gas ,
Shipping ,
Utilities Sector ,
Utility Rates ,
Waters of the United States
Court Faults FERC in its Handling of ANR Storage Company’s Six Year Quest for Authorization to Charge Market-Based Rates for Natural Gas Storage Services -
On September 21, 2018, the U.S. Court of Appeals for the District...more