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Up to $35 Million in Renewable Energy Funding Available for Fuel Cell and Hydrogen Technologies

Overview - The Department of Energy’s Office of Energy Efficiency and Renewable Energy (“EERE”) has made available up to $35 million in funding for research and development and demonstration and deployment projects to...more

Does the Supreme Court’s Opinion in Utility Air Regulatory Group v. Environmental Protection Agency, et al. (June 23, 2014)...

Background – The Tailoring Rule: On May 13, 2010, the United States Environmental Protection Agency (“EPA”) issued a final rule requiring new or modified stationary sources of Greenhouse Gas (“GHG”) emissions located...more

Business Implications under U.S. Supreme Court’s Affirmance of EPA’s Transport Rule

The Supreme Court Decision - On April 29, 2014, the U.S. Supreme Court, in a 6-2 decision, upheld a U.S. Environmental Protection Agency's (EPA) regulation that seeks to lower cross-state air pollution. (EPA v. EME Homer...more

Proposed Rule from EPA and U.S. Army Corps of Engineers Seeks To Expand Federal Jurisdiction of Water

After years of study, litigation, controversy – and mayhem – the Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”), on April 21, 2014, jointly published, for comment, a new definition of “waters of...more

TIGER roars again! $600 million in funding available for transportation projects

The Department of Transportation ("DOT") is once again soliciting requests for surface transportation infrastructure projects. This began in the American Recovery and Reinvestment Act of 2009 (“Recovery Act”) under the Grants...more

The Battle Over EPA’s Proposed New Source Performance Standards For Coal Fired EGUs: Adequately Demonstrated or Impermissible...

On September 20, 2013, EPA, under the authority of section 111(b) of the Clean Air Act (CAA), re-proposed its New Source Performance Standards (NSPS) for CO2 emissions from coal-fired utility boilers and integrated...more

EPA Enters into the 21st Century with New Clean Water Act Reporting Requirements

Clean Water Act Discharge Permits to go Electronic - Since the National Pollution Discharge Elimination System (NPDES) permit requirements were first adopted by EPA back in 1972, the program has undergone significant...more

I’ll go first. The Obama Administration Issues Executive Order on Chemical Safety in the Aftermath of the Tragedy in West, Texas

In the aftermath of the April fertilizer plant explosion in West, Texas, that killed 14 people, the Obama Administration has taken the first steps toward a regulatory response aimed at strengthening the oversight of chemical...more

Take Notice – President Obama Can Take Meaningful Steps To Address Climate Change Without the Explicit Approval of Congress

Whether President Obama’s Climate Action Plan is a repackaging of existing efforts, entirely new programs, or something in between, the president has the political advantage because Congress’ possible responses are limited....more

Chemical Plant Safety: Will There Be Renewed Demand for Federal Regulation?

Introduction - The global demand for natural resources continues unabated. As revenues increase and profits soar in the face of this demand, there has been a resurgence of “resource nationalism” with resource-rich host...more

IRS Issues Guidance on Application Process for Tax Credits for Manufacturers of Renewable Energy Property

The American Recovery and Reinvestment Act of 2009 (the "Recovery Act") added a number of significant new tax incentives for businesses engaged in the renewable energy market, including a program that provides a tax credit to...more

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