The trajectory of the hydrogen sector in the United States hinges on a critical question: what criteria will be used to define the term “clean hydrogen” for tax purposes?
As previously outlined in our Field Guide to Clean...more
1/11/2024
/ Clean Air Act ,
Department of Energy (DOE) ,
Environmental Protection Agency (EPA) ,
EU ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
New Guidance ,
Popular ,
Production Tax Credit
Environmental Justice: 2023 Year in Review and 2024 Look-Ahead -
As a concept, Environmental Justice, or EJ, has been around for more than 40 years. Beginning as a slogan at protests in Warren County, NC in 1982, EJ...more
12/21/2023
/ Biden Administration ,
CEQ ,
Clean Air Act ,
Climate Change ,
Department of Energy (DOE) ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Inflation Reduction Act (IRA) ,
NEPA ,
Proposed Rules ,
Toxic Chemicals
Hydrogen is a key ingredient in any country’s future energy plans. In the United States, the hydrogen sector is on the launch pad, ready for lift-off. However, its trajectory hinges on a critical question: what criteria...more
7/31/2023
/ Biden Administration ,
Carbon Emissions ,
Clean Energy ,
Department of Energy (DOE) ,
Energy Projects ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
EU ,
Greenwashing ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
IRS ,
Renewable Energy ,
Tax Code ,
Tax Credits
The United States recently took another important step in implementing a comprehensive strategy to advance the production, processing, delivery, storage, and use of clean hydrogen. On June 5, 2023, the Biden-Harris...more
6/12/2023
/ Carbon Capture and Sequestration ,
Carbon Emissions ,
Clean Energy ,
Department of Energy (DOE) ,
Energy Projects ,
Energy Sector ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
Popular ,
Renewable Energy ,
Tax Credits
Since taking office two years ago, the Biden Administration has emphasized efforts to incorporate environmental justice considerations into federal agency permitting, funding and financial support decision-making....more
For over two decades, investors in the energy sector have benefited from protections found in The Energy Charter Treaty (“ECT”). Investors in hydrogen projects will soon be able to benefit from these same protections....more
The EPA’s External Rights Compliance Office recently released Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (“the FAQ”). Stressing “that it is time to use the full extent of its...more
9/21/2022
/ Administrative Procedure Act ,
Civil Rights Act ,
Compliance Monitoring ,
Enforcement Actions ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Environmental Review ,
NEPA ,
New Guidance ,
NGOs ,
Permits ,
Pollution Control ,
Title VI
The Inflation Reduction Act of 2022, passed by the Senate on August 7, 2022, includes a number of provisions projected to result in significant investments in domestic energy production and manufacturing, and reduce carbon...more
8/11/2022
/ Biden Administration ,
Carbon Capture and Sequestration ,
Carbon Emissions ,
Department of Energy (DOE) ,
Department of Labor (DOL) ,
Energy Sector ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
Popular ,
Price Inflation ,
Production Tax Credit ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury
Texas regulators recently took additional steps in an effort to prevent another catastrophic loss of power like that experienced during Winter Storm Uri in February 2021. On November 29, 2021, the Railroad Commission of Texas...more
With winter coming, many are questioning whether Texas will be able to avoid another catastrophic loss of power like that experienced during Winter Storm Uri in February 2021. While regulators have known the causes of the...more
Few issues in Washington have been as elusive as passage of legislation to address the nation’s aging infrastructure. For a number of years, the White House, Senators and Members of Congress have announced plans to spend...more
Historically, environmental issues have been front and center for major project development throughout the world. But for projects in the United States, the Environmental Protection Agency’s (EPA) increased focus on the...more
8/23/2021
/ Carbon Emissions ,
Clean Water Act ,
Climate Change ,
Environmental Assessments ,
Environmental Impact Statements ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
FERC ,
Methane ,
Permits ,
Pipelines ,
US Army Corps of Engineers
Few issues in Washington have been as elusive as passage of legislation to address the nation’s aging infrastructure. For a number of years, the White House, Senators and Members of Congress have announced plans to spend...more
Hydrogen as a fuel for industrial applications, transportation, distribution and power generation, and for energy storage, is gaining worldwide momentum as a key component in the pursuit of decarbonization. The Federal...more
The Impact of COVID-19 on Nuclear Electricity Sales Contracts in France -
The electricity sector, like numerous others in France, has been heavily affected by the economic shutdown due to the COVID-19 pandemic.
The...more
6/25/2020
/ Administrative Hearings ,
Amended Rules ,
CARB ,
Climate Change ,
Commercial Bankruptcy ,
Construction Project ,
Coronavirus/COVID-19 ,
Delays ,
Electricity ,
Energy Sector ,
FERC ,
Force Majeure Clause ,
France ,
Low Carbon Fuel Standard ,
Mexico ,
Natural Gas ,
Nuclear Power ,
OSHA ,
Petition For Rehearing ,
Pipelines ,
Power Companies ,
Power Grid ,
Public Nuisance ,
Removal ,
Renewable Energy ,
Sales Contracts ,
Solar Energy ,
State Law Tort Claims ,
Wind Power ,
Workplace Injury
On June 9, 2020, the Federal Energy Regulatory Commission (FERC) issued a final rulemaking order amending its regulations to preclude the commencement of construction of FERC-authorized natural gas pipeline, storage and...more
Disrupting the Disruptor: How a Prepared and Proactive Owner Can Mitigate the Effects of Coronavirus on Construction Projects -
Once a remote health issue in China, the rapidly spreading coronavirus (COVID-19) has become...more
On February 12, 2020, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued its long-awaited Final Rule establishing safety regulations applicable to underground...more
The IMO and the Price of Gas or The Impact of the International Maritime Organisation’s Sulphur 2020 Limit for Marine Fuel Oil on the Price of Gas -
The main bunker fuel for ships is High Sulphur Fuel Oil (HSFO, with...more
11/20/2019
/ Customs ,
Energy Sector ,
Energy Storage ,
Environmental Protection Agency (EPA) ,
FERC ,
Fuel Supply ,
Gas Prices ,
Liquid Natural Gas ,
Maritime Transport ,
Market Based Approach ,
Natural Gas ,
Offshore Drilling ,
Oil & Gas ,
Shipping ,
Utilities Sector ,
Utility Rates ,
Waters of the United States
Court Faults FERC in its Handling of ANR Storage Company’s Six Year Quest for Authorization to Charge Market-Based Rates for Natural Gas Storage Services -
On September 21, 2018, the U.S. Court of Appeals for the District...more
On September 21, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision setting aside Federal Energy Regulatory Commission (FERC) orders denying TransCanada Corporation subsidiary ANR Storage...more
The New Midstream Transactions -
A recent trend in the upstream and midstream oil and gas industry is for midstream services providers to offer certain forms of additional compensation to oil and gas lessees / operators...more
On June 20, 2018, the Council on Environmental Quality (“CEQ”) announced that it is considering updates to its implementing regulations under the National Environmental Policy Act (“NEPA”). CEQ is responsible for issuing...more
Lessons for Sellers in Contracting with Emerging Market Buyers: The “Three R’s” to Structuring Payment Security Provisions -
The recent rebound in the international energy industry is being driven, at least in part, by a...more
6/18/2018
/ BSEE ,
Cloud Computing ,
Energy Policy ,
Energy Sector ,
Exports ,
FERC ,
Joint Comprehensive Plan of Action (JCPOA) ,
Migratory Bird Treaty Act (MBTA) ,
Natural Gas ,
Oil & Gas ,
Pipelines ,
Proposed Rules ,
Trump Administration ,
Well Drilling
Announcing an unexpected policy shift, the Federal Energy Regulatory Commission (FERC) issued an Order on May 18, 2018, limiting its analysis of upstream and downstream greenhouse gas (GHG) emissions in its environmental...more