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SEC’s Climate Disclosure Rules: Balancing Compliance Amid Legal Uncertainty

The US Securities and Exchange Commission (SEC) completed a historic rulemaking on March 6, 2024 by adopting new rules requiring public companies to disclose certain climate-related information in registration statements and...more

Treasury and IRS Publish Much-Anticipated Guidance on Clean Hydrogen Tax Credit

The Internal Revenue Service (IRS) and the US Department of the Treasury (Treasury) recently published proposed regulations (Proposed Regulations) setting forth rules applicable to the credit for the production of clean...more

Net-Zero Commitments to Carbon Offsets: Current Trends in Corporate Sustainability

Increased pressure from shareholders, consumers, and employees has prompted many companies worldwide to evaluate their impact on the environment and take steps to reduce their carbon emissions....more

Bipartisan Infrastructure Bill Could Revolutionize the Energy Industry

President Joseph Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act (the Act) on November 15, 2021, which allocates $550 billion in new spending over the next five years to improve US infrastructure,...more

PJM’s ‘Focused’ Minimum Offer Price Rule Takes Effect by Operation of Law

In a notice issued on September 29, 2021, FERC stated that it did not act on PJM Interconnection LLC’s (PJM’s) proposed reforms to the application of the Minimum Offer Price Rule (MOPR) because the Commissioners are divided...more

Connecticut Sets an Energy Storage Target to Help Achieve 100% Clean Energy by 2040

On June 16, Connecticut joined seven other states—California, Massachusetts, New Jersey, Nevada, New York, Oregon, and Virginia—in adopting an energy storage deployment goal as a strategy to address climate change. In...more

Companies Committing to Corporate Sustainability

The scope of commitments by corporations involving their own sustainability efforts around the globe has markedly accelerated this year. About 300 companies have signed on to the RE100 initiative, which brings together...more

Biden-Harris Administration Acts on Climate-Related Financial Risk

US President Joseph Biden issued the Executive Order on Climate-Related Financial Risk on May 20, 2021, directing federal agencies across the US government to take action addressing climate-related financial risk....more

Massachusetts Kicks Off Third Offshore Wind Solicitation

Three Massachusetts utilities, in coordination with the Massachusetts Department of Energy Resources (DOER), issued a request for proposals on May 7, 2021 seeking bids for offshore wind projects. The utilities are seeking to...more

Biden-Harris Administration’s First 100 Days Expose Priorities, Lay Groundwork for New Policies

US President Joseph Biden and Vice President Kamala Harris have consistently framed their policies with what they call the four major “crises” facing the nation: COVID-19, the economy, climate, and inequity. ...more

Biden Sets Ambitious Goal for Reduction in Greenhouse Gas Emissions by 2030; Recommits US to Battling Climate Change

During the Leaders Summit on Climate, hosted by the Biden-Harris administration on April 22 and 23 in Washington, DC, President Joseph Biden set aggressive goals for reducing greenhouse gas (GHG) emissions in the United...more

Biden-Harris Administration Pushes for Offshore Wind and Jobs

Consistent with the Biden-Harris administration’s “whole of government” approach to climate change as announced in its Day 1 and Day 7 executive orders, on March 29 the administration announced a variety of concrete...more

Initial Takeaways from the American Jobs Plan

The Biden-Harris administration announced its American Jobs Plan, a legislative framework laying out an ambitious $2 trillion investment in physical and human infrastructure, on March 31. The bulk of the proposed spending is...more

Energy and Climate Update: Day 7 of Biden’s Presidency

President Joe Biden issued a series of executive orders on January 27 to further confront the “existential threat” of climate change, to reaffirm the executive branch’s commitment to evidence-based policymaking and...more

Energy and Climate Update: Day 1 of Biden’s Presidency

As the 46th president of the United States, Joe Biden took significant steps on his first day in office to advance the energy and climate initiatives of his administration. This LawFlash provides a brief summary of several...more

Key Takeaways from Biden Administration’s First Executive Orders

Immediately following his inauguration on January 20, US President Joseph R. Biden, Jr. began taking executive action to enact many of his administration’s initial priorities, which included a number of executive orders,...more

Congress Updates US Energy Policy, Incorporates Energy-Related Tax Provisions Through Consolidated Appropriations Act, 2021

The US Congress has adopted the first extensive update to US federal energy policies in over a decade in the Energy Act of 2020 (Energy Act), which President Donald Trump signed into law on December 27 as part of the...more

NYPSC Approves ‘Make-Ready Program’ for EV Infrastructure

As New York seeks a path to achieving its greenhouse gas (GHG) emissions goals, the New York Public Service Commission (NYPSC) recently approved an order authorizing New York’s electric utilities to spend up to $701 million...more

New York and New Jersey Announce Largest Offshore Wind Solicitations to Date

New York and New Jersey have announced the largest offshore wind solicitations in the United States. The solicitations—2,500 megawatts (MW) by New York and 2,400 MW by New Jersey—would add nearly 5 gigawatts of offshore wind...more

FERC Rejects Calls to Overturn Net-Metering Policy

The latest action by the Federal Energy Regulatory Commission dismisses an advocacy group’s request that FERC assert jurisdiction over net-metering transactions on procedural grounds, leaving important legal and...more

NJ Proposes Shared Responsibility Model for EV Infrastructure Build Out

The New Jersey Board of Public Utilities (BPU) has issued a straw proposal for electric vehicle (EV) infrastructure build out, to advance the statutory targets for the installation of EV chargers under a law signed earlier...more

Nevada and Virginia Join the Ranks of States with Gigawatt-Scale Energy Storage Targets

Nevada became the sixth state to adopt an energy storage procurement goal on March 12. The Public Utilities Commission of Nevada (PUCN) adopted a regulation in Order No. 44671 that establishes biennial energy storage...more

New Jersey Enacts Bill Authorizing Solicitation of Open Access Transmission Facilities

In November 2019, New Jersey Governor Phil Murphy issued Executive Order 92 increasing the state’s offshore wind generation goal from 3,500 MW by 2030 to 7,500 MW by 2035....more

New Jersey Legislature Taps BPU to Implement EV Incentives

New Jersey Governor Phil Murphy signed S. 2252 into law on January 17, 2020. The bill takes steps to advance electric vehicle (EV) goals proposed in the draft New Jersey Energy Master Plan (which was released in June 2019 but...more

California Takes Action to Avoid Electricity Shortages and Reliability Challenges

As part of its Integrated Resource Plan and Long-Term Procurement Plan proceeding (IRP-LTPP R.16-02-007, or IRP Proceeding), the California Public Utilities Commission (CPUC) voted unanimously on November 7 to issue a...more

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