As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously...more
7/9/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Federal Power Act ,
Government Agencies ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
Natural Gas Act ,
Non-Delegation Doctrine ,
PURPA ,
SCOTUS ,
Statutory Interpretation
In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statutory Interpretation ,
Unconstitutional Condition
As industries move toward cleaner energy sources, crucial sectors of the economy—notably aviation—cannot realistically be powered with electricity and must be powered by cleaner physical fuels, such as sustainable aviation...more
The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently announced that it will hold several days of informational meetings to address topics important to carbon dioxide and hydrogen pipeline developers and...more
A coming wave of planned carbon sequestration projects related to the production of blue hydrogen and climate change remediation may force the Surface Transportation Board (STB) to clarify whether it has jurisdiction over the...more
The Inflation Reduction Act (IRA) contained an enormous benefit - valued in the billions of dollars - for the U.S. hydrogen industry in the form of a Production Tax Credit (PTC) for “qualified” green hydrogen produced over...more
11/21/2022
/ Chemicals ,
Clean Energy ,
Corporate Taxes ,
Energy Sector ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
IRS ,
Oil & Gas ,
Production Tax Credit ,
Refineries ,
Tax Credits
This has probably been the biggest year for hydrogen so far. Momentum is growing faster than ever behind the idea that hydrogen will play a crucial role in decarbonizing our economy....more
10/10/2022
/ Clean Energy ,
Climate Change ,
Congressional Committees ,
Energy & Climate Debates ,
Energy Projects ,
Energy Sector ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
Interstate Commerce ,
Pipelines ,
Regulatory Standards ,
Renewable Energy
Senator Manchin recently released the text of his much anticipated and controversial bill aimed at reforming the federal permitting process, particularly for energy infrastructure (the "Energy Independence and Security...more
9/26/2022
/ Continuing Resolution ,
Critical Infrastructure Sectors ,
Energy Projects ,
Energy Sector ,
Energy Storage ,
FERC ,
General Permit ,
Hydrogen Power ,
Natural Gas ,
Permits ,
Pipelines ,
Proposed Legislation