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Understanding New York’s Proposed Mandatory Greenhouse Gas Reporting Program: Key Insights and Comparative Analysis

On March 26, 2025, the New York State Department of Environmental Conservation (NYSDEC) announced proposed regulations that would establish a mandatory greenhouse gas (GHG) reporting program for fuel suppliers, waste haulers...more

EPA Grants West Virginia Primacy for Class VI Wells

This grant of authority could accelerate the permitting process for carbon capture and storage projects in the state. On February 18, 2025, the US Environmental Protection Agency (EPA) approved a final rule granting West...more

COP28: Key Takeaways From the Annual Climate Conference in Dubai

The first global stocktake, Article 6, carbon markets, new finance pledges, and the loss and damage fund formed the major developments at this year’s conference. Between November 30 and December 12, 2023, Dubai hosted the...more

Long-Awaited Guidelines From Article 6.4 Published Ahead of COP28

The Supervisory Body published the Methodology Guidance and the Removal Guidance to be presented for discussion in COP28. After two years of discussion, the Supervisory Body (SB) responsible for determining the...more

US Government Announces New Hydrogen Demand-Side Initiative

The US Department of Energy has committed $1 billion to support clean hydrogen offtakers to kickstart the hydrogen economy. On July 5, 2023, the US Department of Energy (DOE) released a Notice of Intent (NOI) to invest up...more

DOE Announces $7 Billion for Carbon Capture, Transport, and Storage Infrastructure

Three funding opportunity announcements and a finance program provide significant investments to support carbon capture and sequestration. Demand for carbon capture and sequestration (CCS) to meet global and national...more

DOE Releases Draft Clean Hydrogen Production Standard, Draft Roadmap, and Hydrogen Hub Funding Opportunity

Key Points - ..The draft Clean Hydrogen Production Standard (CHPS) proposes a lifecycle GHG emissions target of 4 kg CO2e per kilogram of hydrogen, which is in line with the clean hydrogen production tax credit in the...more

California Legislature Passes Four Aggressive Climate Bills and Authorizes Extension of Diablo Canyon

The climate bills championed by Governor Newsom stand to alter the state’s climate policy for years to come. On August 31, 2022, the last day of its 2021-2022 session, the California Legislature passed four climate bills...more

California Expands State Agency Authority to Spur Clean Energy and Bolster Grid Reliability

A controversial new law gives the California Energy Commission authority over clean energy projects and authorizes the Department of Water Resources to fund new energy sources and extend the life of existing power plants. ...more

Treasury Finalizes Carbon Capture Tax Credit Regulations

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

Carbon Capture Industry Poised for Growth Following Anticipated 45Q Guidance

IRS seeks comments on key technical questions under the 45Q Credit regime that should spur industry growth. Key Points: ..The 45Q Credit, which was significantly broadened in 2018, provides a tax credit for each metric...more

BLM Begins Scoping Process to Consider Amendments to Desert Renewable Energy Conservation Plan

DRECP under review in an effort to alleviate burdens on energy development. The Bureau of Land Management (BLM) recently issued a notice of intent to review the Desert Renewable Energy Conservation Plan (DRECP) for...more

Community Choice Aggregators in California: Key Considerations for Financing CCA PPAs

Financing energy projects that have entered into PPAs with CCAs presents unique challenges for lenders and investors. Key Points: ..In recent years, CCAs have begun supplying energy to a growing number of consumers in...more

California Air Resources Board Clarifies 2018 LCFS Targets and POET II Case Approaches Major Milestone

Recent guidance published by the California Air Resources Board (ARB) clarifies the treatment of diesel fuels under the Low Carbon Fuel Standard (LCFS) in light of the Court of Appeals’ May 30, 2017 decision in POET I....more

Proposed Amendments to Cap-and-Trade Extension Bill Could Undermine Program

On April 18, 2017, California Assembly Members Garcia, Holden, and Garcia proposed amendments to Assembly Bill No. 378 (AB 378) that are intended to extend but significantly reshape California’s Cap-and-Trade Program. This...more

Twin Challenges to LCFS Advance in California Courts, With Potential Implications for State’s Overall Climate Stabilization...

Two related cases, advancing in parallel, have the potential to upend California’s Low Carbon Fuel Standard (LCFS), whether via full suspension of the LCFS or carving out diesel fuels from the deficit and crediting...more

California Proposes Draft Amendments to California Cap-and-Trade Program

On July 12, 2014, the California Air Resources Board (CARB) proposed amendments to the California Cap-and-Trade Program (17 CCR 95800 et. seq.) for the first time since 2014. The amendments include major substantive changes...more

President Obama Announces Increased Support for Distributed Energy Projects and Eligibility of State Green Banks to Apply for DOE...

President Obama recently announced that the Department of Energy (DOE) Loan Program Office (LPO) is expanding support for innovative “distributed energy projects” by adding $1 billion in available loan guarantees to support...more

EPA Finalizes Historic Greenhouse Gas Emission Reduction Program

Existing and new power plants face increasing complexity as EPA’s historic final rule regulating greenhouse gas emissions represents a major expansion of EPA’s regulatory authority. In a rare presidential announcement of...more

CAISO Takes Step to Allow Distributed Energy Resources to Compete in Wholesale Energy Markets

On June 10, 2015, the California Independent System Operator (“CAISO”) released a draft final proposal (the “Expanded Metering and Telemetry Options Phase 2, Distributed Energy Resource Provider”) that, if finalized, would...more

DRECP Agencies Announce Phase I Updates

Phase I of the Desert Renewable Energy Conservation Plan (“DRECP”) is underway on the 9.8 million acres of public land managed by the Bureau of Land Management (“BLM”). As discussed in our previous post, the four lead...more

California Low Carbon Fuel Standard Overhaul Continues

I. LCFS Readoption - The California Air Resources Board (“ARB”) is on the cusp of readopting the Low Carbon Fuel Standard (“LCFS”) regulation to remedy legal defects in the initial adoption process found by the...more

A Step Toward Expediting California Clean Energy Permits

On Sept. 23, 2014, the California Energy Commission, California Department of Fish and Wildlife, U.S. Bureau of Land Management, and U.S. Fish and Wildlife Service released the Draft Environmental Impact Report/Environmental...more

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