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Energy Sector Energy Projects Final Rules

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Washington Update — July 2024

Final Rules for Prevailing Wage & Registered Apprenticeships at Clean Energy Projects - The Department of the Treasury and Internal Revenue Service (IRS) recently announced final rules implementing the prevailing wage and...more

Holland & Knight LLP

FERC's Transmission Planning and Permitting Final Rules Are Out: Let's Start Building

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The Federal Energy Regulatory Commission (FERC) has issued Order No. 1920, which adopts specific requirements for transmission providers to conduct long-term planning for regional transmission facilities and determine how to...more

Holland & Knight LLP

U.S. Department of Labor Announces Final Rule Revamp of the Davis-Bacon Act

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The U.S. Department of Labor (DOL) announced it has finalized its new rule relating to the Davis-Bacon Act (DBA). This rule goes into effect 60 days after it is officially published in the Federal Register. The final rule...more

Troutman Pepper

Troutman Pepper Summary of FERC Order No. 2023 on Generator Interconnection Reform

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On July 28, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 2023 (Order No. 2023 or Final Rule), which updates the procedures for interconnecting large generating facilities (20MW and above)...more

Bricker Graydon LLP

Ohio Power Siting Board Finalizes Rule Revisions Following Multi-Year Process

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On July 20, 2023, the Ohio Power Siting Board (“Board” or “OPSB”) issued its final determination on a comprehensive set of proposed revisions to the rules governing the procedures before the OPSB and its siting criteria. The...more

Latham & Watkins LLP

US Nuclear Regulatory Commission Certifies First Small Modular Nuclear Reactor Design

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The move represents a step forward for the small modular nuclear reactor industry, but legislative uncertainty over new nuclear facilities in the US remains. As part of long-range plans to address climate change, many...more

Latham & Watkins LLP

Treasury Finalizes Carbon Capture Tax Credit Regulations

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The US Treasury Department and the IRS provided practical administrative rules for the carbon capture and sequestration tax credit. Key Points: ..The IRS finalized the third set of rules in a series of regulatory guidance...more

Akin Gump Strauss Hauer & Feld LLP

Divided FERC Revamps PURPA Regulations: What the Final Rule Does and Why It Matters

On July 16, 2020, the Federal Energy Regulatory Commission (FERC or the Commission) overhauled its regulations under the Public Utility Regulatory Policies Act of 1978 (PURPA), which had been largely unchanged since 1980....more

Stoel Rives LLP

EPA's New Section 401 Guidance: Will It Limit States' Authority or Just Make Them Mad?

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Frustrated by some states’ use of their Clean Water Act (CWA) section 401 authority to oppose or delay energy projects—particularly the transportation of fossil fuels—the Trump Administration last Friday issued the second...more

Locke Lord LLP

USFWS Issues Broader 4(d) Rule for Northern Long-Eared Bats: What it Means for Energy Developers

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On January 13, the U.S. Fish and Wildlife Service (Service) released its Final 4(d) Rule for the Northern Long-Eared Bat (Final Rule). The Final Rule greatly expands upon the scope of the interim 4(d) rule that the Service...more

Latham & Watkins LLP

Court Rejects 30 Year Eagle Permit Rule on NEPA Grounds

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On August 11, 2015, the US District Court for the Northern District of California remanded a US Fish & Wildlife Service’s (FWS) 2013 final rule that had extended the maximum duration of eagle take programmatic permits under...more

Akin Gump Strauss Hauer & Feld LLP

IRS Finally Releases Clarifications to PTC “Start of Construction” Guidance

On Friday, the Internal Revenue Service (IRS) issued Notice 2014-46, which clarifies the rules for a wind project to be deemed to have started construction in 2013 as is necessary to be eligible for production tax credits...more

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