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FERC Orders 1920 and 1977: The Latest Evolution in Transmission Planning and Oversight

The US federal government’s evolving role in overseeing transmission development took another leap forward after the Federal Energy Regulatory Commission (FERC) issued Orders 1920 and 1977, two new rules that mark FERC’s...more

Countdown to (Net) Zero: Aviation Industry Aims for Total Carbon Removal by 2050

The International Air Transport Association (IATA) and its more than 300 airline members have committed to achieving net-zero carbon emissions by 2050, a goal largely driven by the industry’s use and investment in sustainable...more

Government Releases 7 Principles Addressing High-Integrity Voluntary Carbon Markets

The Biden administration released the Voluntary Carbon Markets Joint Policy Statement and Principles on May 28, 2024, which outlines principles for adoption to build high-integrity voluntary carbon markets (VCMs). This VCM...more

EU Investigation of Potential Airline Greenwashing Practices Underscores Risk to Global Aviation Industry

The European Commission and European consumer authorities announced that on April 30, 2024, they sent letters to 20 airlines alleging potentially misleading green claims and asking them to conform to EU consumer law within 30...more

Why Reliable Hydrogen Supply Plays a Critical Role in the Adoption of Fuel Cell Technologies

As the hydrogen industry continues to develop and evolve, many industries, including the manufacturing, transportation, construction, industrial, and retail industries have transitioned parts of their operations to...more

FERC Seeks Comments on Policy That Could Tighten Regulation of Investment Companies

The US Federal Energy Regulatory Commission (FERC) issued a notice of inquiry (NOI) in December 2023 seeking comments on whether and, if so, how FERC should revise its policy on providing blanket authorizations for investment...more

DOE Funding Opportunity for Medium- and Heavy-Duty Fueling Station Development

As anticipated, the US Department of Energy’s (DOE’s) Office of Energy Efficiency and Renewable Energy (EERE) issued a funding opportunity announcement (FOA) that focuses on advancing the fueling infrastructure for medium-...more

CFTC to Exercise Its Jurisdictional Hook: Regulating Voluntary Carbon Markets via Futures Exchanges Oversight

The Commodity Futures Trading Commission (CFTC) issued proposed guidance on December 4 intended to increase the transparency and bolster the integrity of voluntary carbon credits that underlie derivative contracts subject to...more

Expected DOE Funding Opportunity: Advancing Fueling Infrastructure for Heavy-Duty Transportation

The US Department of Energy’s (DOE’s) Office of Energy Efficiency and Renewable Energy (EERE) announced on November 16, 2023 its intention to issue, on behalf of the Hydrogen and Fuel Cell Technologies Office, a funding...more

2023 FERC Enforcement Report: Continued Focus on Fraud, Manipulation, Market Integrity

The US Federal Energy Regulatory Commission (FERC or Commission) has released its annual report on enforcement for fiscal year 2023. As in fiscal year 2022, FERC’s Office of Enforcement (OE) focused on matters involving fraud...more

CFTC 2023 Enforcement Report Shows Uptick in Enforcement Actions

The Commodity Futures Trading Commission (CFTC or Commission) released its enforcement results for fiscal year 2023 on November 7, 2023. The CFTC’s Division of Enforcement filed 96 enforcement actions in 2023 charging a range...more

Voluntary Carbon Market Disclosures Act Compliance Deadline Approaches

The compliance deadline for the Voluntary Carbon Market Disclosures Act (VCMDA) is quickly approaching, but the statutory language of the VCMDA leaves open for interpretation several key issues, including threshold...more

US Department of Energy Announces Selection of Seven Clean Hydrogen Hubs

The US Department of Energy (DOE) has announced the much-anticipated selection of seven hydrogen hub projects across the country that are eligible for $7 billion in federal investment. The selectees will now undergo an award...more

New Disclosure Obligations for Businesses Transacting Carbon Offsets in California

California Governor Gavin Newsom signed the Voluntary Carbon Markets Disclosures Act (VCMDA) on October 7, imposing disclosure obligations on businesses that market, sell, or purchase voluntary carbon offsets in California...more

Restaurant and Food Service Establishments - Opportunities and Considerations Heading Into 2024

RESTAURANTS AND FOOD SERVICE ESTABLISHMENTS: OPPORTUNITIES AND CONSIDERATIONS HEADING INTO 2024 - From a new employment trend to the advantages and risks of technology to an emerging area of class action litigation to a...more

CFTC to Police Carbon Markets Through Newly Created Task Force

The Commodity Futures Trading Commission’s (CFTC’s) Division of Enforcement announced that it has established a new task force—the Environmental Fraud Task Force—to combat environmental fraud and misconduct in derivatives and...more

CFTC to Hold Second Voluntary Carbon Markets Convening on July 19

One week after the Commodity Futures Trading Commission’s (CFTC) Whistleblower Office issued an alert seeking tips on potential fraud and manipulation in the carbon markets, the CFTC chairman announced that the second...more

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

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

Key Issues for Hydrogen Fueling Infrastructure Investors and Developers

The development of hydrogen fueling infrastructure across the United States will need to keep pace with the projected production and deployment of hydrogen fuel cell vehicles. The Biden administration has made significant...more

Trio of Actions Set to Accelerate Zero-Emission Heavy-Duty Vehicle Markets and Fueling Infrastructure

The transportation sector has been identified as the single largest US source of greenhouse gas (GHG) emissions, and continues to be an area of focus in the nation’s decarbonization efforts. Due to heavy-duty vehicles...more

Advancing Hydrogen Fuel Cell Development: Key Issues

Hydrogen fuel cell vehicles will be a key component in the nationwide effort to achieve net-zero emissions by 2050. The Biden administration’s US National Blueprint for Transportation Decarbonization, which highlighted...more

Funding Opportunity: $750M for Clean Hydrogen Electrolyzer and Fuel Cell Development, Manufacturing, and Reuse

The Hydrogen and Fuel Cell Technologies Office issued a funding opportunity announcement (FOA) on March 15, 2023 that makes available up to $750 million to support the development of electrolyzer technology, domestic supply...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

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