The Governor has issued an Executive Order with sweeping implications for the oil and gas industry and others.
On September 23, 2020, California Governor Gavin Newsom signed Executive Order N-79-20, which will have...more
The Treasury Department and the IRS provided practical administrative rules for the carbon capture and sequestration tax credit.
Key Points:
..These rules are the third in a series of regulatory guidance issued by the IRS...more
Market participants can comment on new details related to the requirements, time periods, and permitted transfers of carbon credits.
On May 28, the IRS released the long-awaited third piece of carbon capture tax credit...more
In recent LCFS amendments, CARB introduced a new price cap on all LCFS credit transfers and authorized limited future credit borrowing.
On November 21, 2019, the California Air Resources Board (CARB) passed Resolution...more
1/14/2020
/ Amended Rules ,
Biofuel ,
California Air Resources Board ,
Carbon Emissions ,
Credit ,
Electric Vehicles ,
Greenhouse Gas Emissions ,
Low Carbon Fuel Standard ,
Low-Income Issues ,
Public Comment ,
Rulemaking Process
A local air district is developing a rule that would require both existing and proposed warehouses to reduce trucking emissions or pay a mitigation fee.
The South Coast Air Quality Management District (SCAQMD or District)...more
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
High Court’s action clears pathway for low-carbon fuel standard programs.
On May 13, 2019, the US Supreme Court denied certiorari in American Fuel & Petrochemical Manufacturers (AFPM), et al., v. O’Keeffe, et al...more
California Air Resources Board lifts freeze on Low Carbon Fuel Standard.
On December 7, 2018, the California Air Resources Board (CARB) issued Regulatory Guidance Document 18-02 which lifts the freeze on Low Carbon Fuel...more
On September 27, 2018, the California Air Resources Board (CARB) passed Resolution 18-34, extending the Low Carbon Fuel Standard (LCFS) Program to 2030 and making significant changes to the design and implementation of the...more
Appeal in POET II could complicate California Air Resources Board’s proposed LCFS amendments.
In the case commonly referred to as POET II, petitioner POET, LLC, a biofuels manufacturer, challenged the Low Carbon Fuel...more
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
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
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
In a previous post, we described how potential delays in the resolution of the case commonly known as POET I could create uncertainty regarding the future of the California Low Carbon Fuel Standard (LCFS). On August 23, 2017,...more
Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS).
Earlier this year, the...more
As discussed in a previous post, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) ruled on April 10, 2017 that the California Air Resources Board (ARB) had failed to properly follow a writ of...more
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
In two recent posts, we discussed how California’s Low Carbon Fuel Standard (LCFS) had been thrown into a state of potential upheaval by two interrelated legal challenges commonly known as POET I and POET II, including a...more
Big changes appear to be imminent for California’s Low Carbon Fuel Standard (LCFS).
As discussed in greater detail in our recent post, the LCFS currently is the subject of two interrelated legal challenges commonly known...more
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
Phase I of the Desert Renewable Energy Conservation Plan (DRECP) has now been approved, paving the way for streamlined permitting and environmental review of qualified renewable energy projects on Bureau of Land Management...more
On August 2, 2016, the White House Council on Environmental Quality (CEQ) issued its final guidance for federal agencies to assess the impact of their decisions on greenhouse gas emissions (GHGs) and also how such decisions...more
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
The decision may be a temporary victory for the Distributed Solar Industry as legal challenges and further CPUC proceedings loom.
In one of the most anticipated decisions in recent memory, the California Public Utilities...more
After a lengthy process of policy review and revision, the California Air Resources Board (ARB) re-adopted the state’s Low Carbon Fuel Standard (LCFS) on September 25, 2015. The LCFS is expected to contribute approximately...more