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From Hydrogen to Cybersecurity: Trends Driving the Automotive & Mobility Industry

In May 2023, the Automotive & Mobility Industry Group at Morgan Lewis was invited to the State of Michigan by leaders of the Office of Future Mobility and Electrification for a series of meetings that provided unparalleled...more

Key Legal Considerations for Electric Vehicle and Hydrogen Fueling Infrastructure

Electric vehicles (EVs) and hydrogen fuel cell vehicles will be key players in the nationwide and industrywide effort to cut emissions. The industry has been focused on battery electrification for light-duty vehicles and the...more

Cybersecurity Considerations for the Electric Vehicle Ecosystem

US President Joseph Biden recently described our digital world as being at an “inflection point.” Indeed, the rapid proliferation of new technology has created complex, and sometimes hidden, digital interdependencies that are...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

EPA Kicks the Tires on Stricter Passenger Car Tailpipe Emission Standards

The proposed emissions requirements would be phased in over model years 2027 through 2032, drastically accelerating the nationwide transition to zero-emission vehicles (ZEVs) consistent with the Biden administration’s...more

Electric Vehicle Manufacturers: Treasury Proposes Critical Mineral, Battery Component Requirements for Tax Credits

The US Department of Treasury issued its long-awaited proposed guidance on March 31, 2023 to implement the critical mineral and battery component watershed requirements of the Inflation Reduction Act (IRA), which...more

The Rise of Energy Storage

Energy storage: the technology that will cash the checks written by the renewable energy industry. Energy storage can transform intermittent clean energy—primarily derived from wind and solar—into a reliable source of 24/7...more

The Road to Scaling Zero-Emission Vehicles

Since the Biden administration released the US National Blueprint for Transportation Decarbonization (Blueprint) on January 10, 2023, the administration has continued to invest significantly in the development of electric...more

CFTC Commissioner Proposes Framework for Environmental/Climate-Related Product Oversight

In recent remarks, Commodity Futures Trading Commission (CFTC) Commissioner Christy Goldsmith Romero proposed that the CFTC promote market resilience to climate-related risk by adopting an approach for...more

Intersection of Electric Vehicles and Energy Storage

Efforts to electrify the US transportation sector are strong—and growing. In 2022, more than 800,000 fully electric vehicles (EVs) were sold in the United States, making up nearly 6% of all vehicles sold. The 2022 EV share of...more

Issues and Opportunities for the Electric Vehicles Industry in 2023

Electrification efforts of the US transportation sector are strong and growing. More than 800,000 fully electric vehicles (EVs) were sold in the United States in 2022, nearly 6% of all vehicles sold. In comparison, 3.2% of...more

Buyer Beware Regulatory Enforcement Exposure Risks of Using Carbon Offsets to Meet ESG Initiatives

ESG. Net zero. Carbon sequestration. In 2023, all of these terms will continue to be widely referenced in mainstream media publications, corporate governance and shareholder materials, and regulatory filings and issuances....more

Energy Trends and Traps That Will Shape 2023

While no one has a crystal ball for what 2023 will hold for the energy industry, the seemingly widespread support for green technology and clean energy is expected to carry through this year. In our industry outlook, “The...more

The Trends—and Traps—that Will Shape 2023

The last few years have thrown many surprises at businesses. Organizations across all sectors have faced inflation, global conflicts, supply chain challenges, a pandemic, and continually changing government policies. In 2023,...more

FERC Increases Maximum Civil Monetary Penalty

The Federal Energy Regulatory Commission (FERC) issued a final rule on January 12 amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules, and orders within FERC’s...more

Key Strategies to Decarbonize the Transportation Sector

The Biden administration released the US National Blueprint for Transportation Decarbonization (Blueprint) on January 10, 2023, setting forth a strategy for decarbonizing the transportation sector in order to achieve the...more

IRS and Treasury Ring in New Year With Flurry of EV Tax Credit Issuances

Many people spent the last week of 2022 celebrating holidays or seeking travel adventures both far and near. However, a select group of personnel at the US Internal Revenue Service (IRS) and Department of the Treasury opted...more

RFS: Auto Manufacturers Win the Battle for ‘eRIN’ Credits in EPA’s Proposed Rule

On December 1, 2022, the Environmental Protection Agency (EPA) published its proposed “set” rule for the Renewable Fuel Standard (RFS) Program. In addition to setting the volume and percentage standards for renewable fuels...more

FERC Enforcement ‘Is Back’: FY 2022 Annual Report on Enforcement

On November 17, 2022, the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC or the Commission) released its annual report on enforcement activities (Report). The Report details the FY 2022 efforts...more

Voluntary Carbon Markets: What Role Should the CFTC Play?

The energy industry and market participants have provided a variety of comments on what role the Commodity Futures Trading Commission (CFTC) should play in the voluntary carbon markets, in response to a June 2022 request for...more

CFTC’s 2022 Enforcement Results Confirm Continued Commitment to Robust Program

The Commodity Futures Trading Commission (CFTC or the Commission) released its enforcement results for fiscal year 2022 on October 20, 2022. The enforcement results detail the 82 enforcement actions the CFTC filed in 2022 and...more

FERC Compliance: Lessons Learned from CFTC Orders on Recordkeeping and Supervision Violations

The Commodity Futures Trading Commission (CFTC) issued orders on September 27, 2022, filing and settling charges against various affiliates of financial institutions for failing to maintain, preserve, or produce records that...more

Recent Developments in Voluntary Carbon Markets

With the increasing focus on transitioning to clean energy and a low-carbon economy, companies continue to turn to the voluntary carbon markets, purchasing carbon credits to help decarbonize their operations and achieve their...more

The Ambitious Federal Plan to Support Electric Vehicles

Since President Biden took office, companies have invested nearly $85 billion in the manufacturing of electric vehicles (EVs), batteries, and EV chargers in the United States. This is triple the investment made in domestic EV...more

California Hits the Brakes on New Gas-Fueled Vehicles

The California Air Resources Board (CARB) voted on August 25, 2022, to approve the Advanced Clean Cars II rule that prohibits the sale of new gasoline-fueled cars by 2035. The rule sets forth a plan whereby automakers must...more

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