In this Issue: Permitting Reform, the Supreme Court, EV’s, and Climate Week 2024 -
After nearly a decade as New York State’s environmental chief, I recently joined Foley Hoag to help the firm’s clients emerge as global...more
9/19/2024
/ Climate Change ,
Electric Vehicles ,
Electricity ,
Energy Policy ,
Energy Projects ,
Energy Reform ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Regulatory Reform ,
Renewable Energy ,
Utilities Sector
In This Issue: Battery and Energy Storage Systems -
2023 was a banner year for energy storage in the United States. Statistics reported by Wood Mackenzie show that in 2023 alone, energy storage deployment across all...more
6/24/2024
/ Acquisitions ,
Batteries ,
Clean Energy ,
Electric Vehicles ,
Electricity ,
Energy Projects ,
Energy Sector ,
Energy Storage ,
FERC ,
Mergers ,
Renewable Energy
As reported in our previous client alert, on May 14, 2024, President Biden announced that he directed his Trade Representative to increase tariffs under Section 301 of the Trade Act of 1974 (Section 301) on a wide range of...more
6/5/2024
/ China ,
Comment Period ,
Electric Vehicles ,
Exclusions ,
Imports ,
Lithium Batteries ,
Medical Supplies ,
Minerals ,
Public Comment ,
Section 301 ,
Semiconductors ,
Tariffs ,
Technology ,
USTR
On May 14, 2024, President Biden announced that he is directing his Trade Representative to increase tariffs under Section 301 of the Trade Act of 1974 on a wide range of Chinese goods, which will significantly impact U.S....more
5/22/2024
/ Anti-Dumping Duty ,
Biden Administration ,
China ,
Countervailing Duties ,
Duty Free ,
Electric Vehicles ,
Imports ,
Manufacturers ,
Section 201 ,
Semiconductors ,
Solar Panels ,
Tariffs ,
Trade Act of 1974 ,
US Trade Policies ,
USTR
On March 6, 2024, the Securities and Exchange Commission (SEC) adopted final rules relating to climate-related risks, which are available here. The new rules will require extensive new disclosures, which in turn will require...more
3/11/2024
/ Annual Reports ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Proposed Regulation ,
Publicly-Traded Companies ,
Regulation S-K ,
Regulation S-X ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures...
The final rules are the culmination of...more
The U.S. Department of Treasury (Treasury) and the Internal Revenue Service (IRS) have issued proposed regulations interpreting the Inflation Reduction Act’s (IRA) prevailing wage and apprenticeship requirements (Labor...more
9/19/2023
/ Apprenticeships ,
Corrections ,
Department of Labor (DOL) ,
Hours of Service ,
Inflation Reduction Act (IRA) ,
IRS ,
Penalties ,
Prevailing Wages ,
Program Participation Agreements (PPAs) ,
Project Labor Agreements ,
Proposed Regulation ,
Recordkeeping Requirements ,
U.S. Treasury
On August 8, 2023, the United States Department of Labor (DOL) issued a final rule interpreting the federal Davis-Bacon Act, the federal law governing payment of wages to construction workers working on federally funded...more
As more advisory services, investment companies, and public companies have publicized their Environmental, Social, and Governance (ESG) goals, the U.S. Securities and Exchange Commission (SEC) has proposed a set of new rules...more
8/21/2023
/ Carbon Emissions ,
Clean Air Act ,
Clean Energy ,
Climate Change ,
Disclosure Requirements ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Human Capital ,
National Federation of Independent Business v Department of Labor and OSHA ,
New Rules ,
Regulation S-X ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
West Virginia v EPA
As more advisory services, investment companies, and public companies have publicized their Environmental, Social, and Governance (ESG) goals, the U.S. Securities and Exchange Commission (SEC) has proposed a set of new rules...more
8/16/2023
/ Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Proposed Rules ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Sustainability
On November 30, 2022, the Internal Revenue Service (IRS) published Notice 2022-61 (the Notice), providing initial guidance on the prevailing wage and apprenticeship requirements applicable to certain provisions of the...more
12/26/2022
/ Apprenticeships ,
Contractors ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Energy Projects ,
Fringe Benefits ,
Inflation Reduction Act (IRA) ,
IRS ,
New Guidance ,
Prevailing Wages ,
Tax Credits ,
Wage and Hour ,
Wages
Following up on our prior post on this topic here, now Governor Baker has signed the comprehensive climate law passed by the legislature...
Now, as a session law, Chapter 8 of the Acts of 2021 implements, without...more
As has been discussed in several posts here, on January 4, 2021, a conference committee of the Massachusetts House and Senate has issued a wide ranging “omnibus” energy bill “An Act creating a next-generation roadmap for...more
1/7/2021
/ Energy Sector ,
Energy Storage ,
Governor Baker ,
IRS ,
Legislative Agendas ,
Property Tax ,
Renewable Fuel ,
Solar Energy ,
State and Local Government ,
State Legislatures ,
Tax Exemptions ,
Wind Power
On Wednesday, June 24, 2020, the Federal Energy Regulatory Commission (FERC or “the Commission”) published a Notice of Inquiry (NOI) in the Federal Register soliciting comments on Federal Energy Regulatory Commissionpotential...more
On July 14, 2020, the Massachusetts Department of Energy Resources (“DOER”) filed the final version of the emergency regulations for the Solar Massachusetts Renewable Target (“SMART”) Program DOER filed in April 2020. Foley...more
On April 14, 2020, the Massachusetts Department of Energy Resources (“DOER”) filed emergency regulations for the Solar Massachusetts Renewable Target (“SMART”) Program. A redline showing the additions to 225 CMR 20 is...more
The Evaluation Team in Massachusetts’ Section 83C Offshore Wind Generation request for proposals (“RFP”) for long term contracts for offshore wind has announced that our client Vineyard Wind was named the winning bidder in...more
Late last night, the Massachusetts legislature enacted House Bill 4568, an act to promote energy diversity (the “Act”). Overall, the Act marks a compromise between the House’s original procurement-only legislation and the...more
The Internal Revenue Service has issued a private letter ruling to an individual owner of solar panels installed in an offsite net-metered community-shared solar project confirming the individual’s eligibility for the income...more
One week after the Massachusetts legislature departed for its summer recess, Governor Charlie Baker released net metering legislation to rival the Massachusetts Senate’s recent bill on August 7, 2015....more
The Massachusetts DOER has released its revised regulations amending the State’s RPS to implement the next phase of support for solar in the Commonwealth....more
The Massachusetts Department of Energy Resources (MA DOER) has released draft regulations for its SREC II solar program. The regulations are the latest step toward implementing the Commonwealth’s goal to install a total of...more
The IRS has released new guidance (Notice 2013-70) (the “Guidance”) in the form of a Q-and-A interpreting tax credits available to individual taxpayers under IRC Section 25D (Residential Energy Efficient Property) (the “25D...more
Earlier this week the SEC today proposed rules for Crowdfunding, which was initially enacted under the JOBS Act (Jumpstart our Business Startups). After the enactment of the JOBS Act in April, 2012 and given the early, but...more
At the most recent of what seems to have become near-monthly public meetings convened by the Massachusetts Department of Energy Resources (DOER) at the State House concerning all things SREC-related, DOER informed market...more