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Funding Opportunity: $750M for Clean Hydrogen Electrolyzer and Fuel Cell Development, Manufacturing, and Reuse

The Hydrogen and Fuel Cell Technologies Office issued a funding opportunity announcement (FOA) on March 15, 2023 that makes available up to $750 million to support the development of electrolyzer technology, domestic supply...more

The Road to Scaling Zero-Emission Vehicles

Since the Biden administration released the US National Blueprint for Transportation Decarbonization (Blueprint) on January 10, 2023, the administration has continued to invest significantly in the development of electric...more

CFTC Commissioner Proposes Framework for Environmental/Climate-Related Product Oversight

In recent remarks, Commodity Futures Trading Commission (CFTC) Commissioner Christy Goldsmith Romero proposed that the CFTC promote market resilience to climate-related risk by adopting an approach for...more

DOE $2.5B Funding to Advance Carbon Capture Projects at Power Plants and Industrial Facilities

The US Department of Energy (DOE) recently issued two funding opportunities for the development of carbon capture large-scale pilot projects and integrated carbon capture and storage projects at coal or natural gas generation...more

Buyer Beware Regulatory Enforcement Exposure Risks of Using Carbon Offsets to Meet ESG Initiatives

ESG. Net zero. Carbon sequestration. In 2023, all of these terms will continue to be widely referenced in mainstream media publications, corporate governance and shareholder materials, and regulatory filings and issuances....more

DOE Announces $47 Million Funding Opportunity to Develop Affordable Clean Energy Technologies

The US Department of Energy’s (DOE’s) Office of Energy Efficiency and Renewable Energy (EERE) issued a funding opportunity announcement (FOA) on January 27, 2023, on behalf of the Hydrogen and Fuel Cell Technologies Office...more

The Trends—and Traps—that Will Shape 2023

The last few years have thrown many surprises at businesses. Organizations across all sectors have faced inflation, global conflicts, supply chain challenges, a pandemic, and continually changing government policies. In 2023,...more

FERC Increases Maximum Civil Monetary Penalty

The Federal Energy Regulatory Commission (FERC) issued a final rule on January 12 amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules, and orders within FERC’s...more

Key Strategies to Decarbonize the Transportation Sector

The Biden administration released the US National Blueprint for Transportation Decarbonization (Blueprint) on January 10, 2023, setting forth a strategy for decarbonizing the transportation sector in order to achieve the...more

Funding Opportunity for RD&D of Hydrogen, Fuel Cell Technologies Expected in January 2023

Later this month, the US Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) intends to issue, on behalf of the Hydrogen and Fuel Cell Technologies Office, a funding opportunity announcement...more

$1.2B DOE Funding to Promote Development of Regional Direct Air Capture Hubs

On December 13, 2022, the Department of Energy’s Office of Fossil Energy and Carbon Management released a Funding Opportunity Announcement (FOA) to make available up to $1.236 billion of funding to promote the development of...more

FERC Enforcement ‘Is Back’: FY 2022 Annual Report on Enforcement

On November 17, 2022, the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC or the Commission) released its annual report on enforcement activities (Report). The Report details the FY 2022 efforts...more

Voluntary Carbon Markets: What Role Should the CFTC Play?

The energy industry and market participants have provided a variety of comments on what role the Commodity Futures Trading Commission (CFTC) should play in the voluntary carbon markets, in response to a June 2022 request for...more

Draft DOE National Clean Hydrogen Strategy and Roadmap Details Opportunities in Hydrogen Sector

Hydrogen will play a key role in addressing the climate crisis, supporting a transition to net zero, and achieving a sustainable clean energy future. As a versatile energy carrier and chemical feedstock, hydrogen offers many...more

CFTC’s 2022 Enforcement Results Confirm Continued Commitment to Robust Program

The Commodity Futures Trading Commission (CFTC or the Commission) released its enforcement results for fiscal year 2022 on October 20, 2022. The enforcement results detail the 82 enforcement actions the CFTC filed in 2022 and...more

FERC Compliance: Lessons Learned from CFTC Orders on Recordkeeping and Supervision Violations

The Commodity Futures Trading Commission (CFTC) issued orders on September 27, 2022, filing and settling charges against various affiliates of financial institutions for failing to maintain, preserve, or produce records that...more

Noncompliance with Order No. 860 May Result in Revocation of Market-Based Rate Authority

The Federal Energy Regulatory Commission (Commission) issued an order on September 22, 2022, informing sellers with market-based rate (MBR) authorization that have not complied with Order No. 860’s requirements to submit data...more

DOE Accepting Applications for Up to $7 Billion Funding for Regional Hydrogen Hub Development

On September 22, the US Department of Energy’s (DOE) Office of Clean Energy Demonstrations issued a Funding Opportunity Announcement (FOA) to solicit applications for funding to establish regional clean hydrogen hubs (H2Hub)...more

Senator Manchin Proposes to Streamline Energy Infrastructure Permitting and Give FERC Jurisdiction Over Hydrogen

Following weeks of anticipation, US Senator Joe Manchin (D-WV) released the text of the Energy Independence and Security Act of 2022, his permitting reform legislation, on September 21, 2022. As part of an agreement to win...more

United States Gets Serious About Producing Hydrogen at Scale

The US government took important steps this year to promote a growing hydrogen economy. On August 16, 2022, shortly after the US Department of Energy (DOE) announced a game-changing program to fund $8 billion for the...more

Recent Developments in Voluntary Carbon Markets

With the increasing focus on transitioning to clean energy and a low-carbon economy, companies continue to turn to the voluntary carbon markets, purchasing carbon credits to help decarbonize their operations and achieve their...more

FERC Proposes to Expand Duty of Candor Rule

FERC recently issued a notice of proposed rulemaking (NOPR) to expand the existing duty of candor rule by adding a requirement in 18 CFR Part 1 that any entity communicating with FERC or other specified organizations related...more

New Legislation Would Give FERC Explicit Authority to Impose Trader Bans

US Senators Maria Cantwell (D-WA) and Catherine Cortez Masto (D-NV) introduced legislation on July 28, 2022, to provide FERC with the authority to temporarily or permanently ban any person from trading or transacting in...more

The Growth and Development of Carbon Offset Markets

With the push to transition to a low-carbon economy, carbon offsets have become an option that many have turned to in order to decarbonize and achieve their climate goals. The demand for carbon offsets is quickly increasing,...more

FERC Investigates Five Western Utilities’ Formula Rate Protocols

FERC initiated show-cause proceedings on April 21, 2022, to investigate the justness and reasonableness of the formula rate protocols of five public utility transmission providers in the West....more

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