News & Analysis as of

Renewable Energy Final Rules

King & Spalding

News on Potential Relaxation of EU Green Hydrogen Rules

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In June 2023 the European Union (“EU”) adopted its definition of green hydrogen and derivatives (known as “renewable fuels of non-biological origin”, or “RFNBO”). See our previous client alert summarising the key aspects of...more

WilmerHale

EPA and DOI Regulatory Roundup: Air Toxics and Carbon, Coal Ash, Wastewater, Methane, and Offshore Wind

WilmerHale on

The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more

Stinson LLP

Bureau of Land Management Rules Signify Shift Toward Conservation

Stinson LLP on

The Bureau of Land Management (BLM) has finalized two rules to further prioritize the health of public lands and facilitate renewable energy leases: the Conservation and Landscape Health Rule and the Rights-of-Way, Leasing,...more

Quarles & Brady LLP

The SEC Issues Final Climate Disclosure Rules for Public Companies, but Legal Challenges are Pending

Quarles & Brady LLP on

On March 6, 2024, the Securities and Exchange Commission (SEC) finalized its long-awaited climate disclosure rules on a party-line 3-2 vote. The new rules have been significantly watered down from the SEC’s March 21, 2022...more

Pillsbury Winthrop Shaw Pittman LLP

SEC Adopts Long-Anticipated Final Rules on Climate-Related Disclosure Requirements

The rules impose standardized disclosure requirements on public companies beginning as early as 2026 (for fiscal year ending 2025, depending on filer status). Climate-related disclosures, including in financial statement...more

Mintz - Energy & Sustainability Viewpoints

SEC Approves Sweeping New Climate Disclosure Rule: Key Takeaways

The Securities & Exchange Commission ("SEC") issued its long-awaited final rule concerning climate disclosures, entitled “The Enhancement and Standardization of Climate-Related Disclosures for Investors” (“Climate Disclosure...more

Wilson Sonsini Goodrich & Rosati

Treasury and IRS Release Proposed and Final Regulations on Direct Pay Elections

On March 5, 2024, the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued a notice of proposed rulemaking (the Proposed Regulations) and final regulations (the Final Regulations) regarding...more

Vinson & Elkins LLP

Narrowing the Scope: The SEC Finalized its Climate-Related Disclosures Rule

Vinson & Elkins LLP on

Following a nearly two-year wait, the Securities and Exchange Commission (“SEC” or “Commission”) released its Final Rule—The Enhancement and Standardization of Climate-Related Disclosures for Investors—on March 6, 2024. The...more

Paul Hastings LLP

SEC Issues Final Rule on Climate Disclosures

Paul Hastings LLP on

In an open meeting on Wednesday, March 6, 2024, the Securities and Exchange Commission (“SEC”) approved in a 3-2 vote a Final Rule on climate disclosures that will “require registrants to provide certain climate-related...more

Troutman Pepper

FERC Directs NERC to Develop Reliability Standards for Inverter Based Resources

Troutman Pepper on

On October 19, 2023, FERC issued a final rule directing the North American Reliability Corporation (“NERC”) to develop or modify reliability standards to address reliability concerns attributable to inverter-based resources...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

Bricker Graydon LLP on

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

Troutman Pepper

FERC Establishes Revised Accounting Rules to Address Renewables, Storage, and RECs

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Introduction - On June 29, the Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 898, a final rule that revises FERC’s Uniform System of Accounts (USofA) by adding functional detail concerning the...more

Latham & Watkins LLP

Treasury Finalizes Carbon Capture Tax Credit Regulations

Latham & Watkins LLP on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

404 Nationwide Permits/Clean Water Act: U.S. Corps of Engineers Finalizes Revisions/Renewal of Certain NWPs

The United States Army Corps of Engineers (“Corps”) issued on August 3rd a final rule revising and renewing certain Nationwide Permits (“NWPs”) under Section 404 of the Clean Water Act. The Corps issues two types of Clean...more

Bracewell LLP

ESG Investing and Retirement Plans

Bracewell LLP on

Background - As ESG (environmental, social and governance) investing recently has drawn the attention of governmental agencies that oversee the administration of qualified retirement plans and their trillions of dollars...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

Beveridge & Diamond PC

FERC Adopts Final Rule on PURPA Reform Putting Long-Term Renewable Energy Contracts at Risk

Beveridge & Diamond PC on

On July 16, 2020, the Federal Energy Regulatory Commission (FERC) adopted Order No. 872, its Final Rule comprehensively rewriting its regulations for implementing the Public Utility Regulatory Policies Act of 1978 (PURPA)....more

Mintz - ML Strategies

Energy & Sustainability Washington Updates — April 2020

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With the emergence of the coronavirus pandemic over the past month as a major public health and economic crisis, the primary focus on Capitol Hill has been on passage of the Coronavirus Aid, Relief and Economic Stimulus...more

Stoel Rives - Renewable + Law

FERC Rules on Order No. 841 Compliance Filings

In February 2018, as part of its efforts to remove barriers for electric storage resources, the Federal Energy Regulatory Commission (FERC) issued its final rule on electric storage participation in organized markets (Order...more

Stoel Rives - Renewable + Law

Oregon’s DLCD Finalizes Solar Siting Rules

On May 23, the Oregon Department of Land Conservation and Development made permanent the Temporary Amendments to OAR 660-033-0130, promulgated on January 29, 2019, which restrict the extent to which counties may approve...more

Akin Gump Strauss Hauer & Feld LLP

FERC Amends Regulations to Remedy Barriers to Energy Storage Participation in Wholesale Electricity Markets; Saves Distributed...

At its February 15, 2018, Open Meeting, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued Order No. 841 (the “Final Rule”) to remove barriers to the participation of energy storage resources in the...more

Akin Gump Strauss Hauer & Feld LLP

FERC Final Rules Establish New Interconnection Requirements for Distributed Energy Resources and Wind Generators

On July 21, 2016, the Federal Energy Regulatory Commission (the “Commission”) issued a final rule (“Order No. 828”) modifying the pro forma Small Generator Interconnection Agreement (SGIA) to require newly interconnecting...more

Blank Rome LLP

Critical Habitat for Right Whales Expanded

Blank Rome LLP on

Action Item: The National Marine Fisheries Services (“NMFS”) promulgated a final rule identifying critical habitats for the endangered Northern Atlantic Right Whale. Stakeholders involved in spill response, ocean and offshore...more

Latham & Watkins LLP

Court Rejects 30 Year Eagle Permit Rule on NEPA Grounds

Latham & Watkins LLP on

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

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