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Department of Energy Issues Updated Guidance for Civil Nuclear Credit Program Applicants

DOE’s revised Guidance potentially expands eligibility for reactors that derive partial revenues from competitive markets and extends the application deadline to September 6, 2022. The Department of Energy (DOE) has...more

Department of Energy Accepting Applications for Civil Nuclear Credit Program (Update)

Owners or operators of nuclear reactors that wish to be certified to receive credits under the Civil Nuclear Credit Program should review DOE guidance and plan to submit their applications by July 5, 2022. The Department...more

Do Municipal Gas Bans Slow the Clean Hydrogen Transition in Real Estate?

Clean hydrogen has the potential to play a significant role in the energy transition by serving as a carbon-free form of energy storage and heat production. In real estate, hydrogen could provide heating, replace or...more

California Announces First Statewide Microplastics Strategy

Companies should consider taking proactive measures to avoid being blindsided by future microplastic-related laws. California’s adoption of the Statewide Microplastics Strategy is the first attempt by a U.S. state to...more

Department of Energy Accepting Applications for Civil Nuclear Credit Program

The Bipartisan Infrastructure Law previously authorized and appropriated $6 billion for fiscal years 2022 – 2026 to establish the Civil Nuclear Credit (CNC) Program to prevent closures of nuclear power plants. Under the CNC,...more

Hydrogen Industry Gets New Opportunity to Comment on FERC Pipeline Approval Policy

The Federal Energy Regulatory Commission has reopened the comment period for its natural gas infrastructure policy statements, giving the hydrogen industry a chance to champion policies that could promote hydrogen...more

DOE Set to Accelerate Clean Hydrogen Technologies

The Department of Energy has released two Requests for Information soliciting feedback and recommendations on the $9.5 billion-dollar clean hydrogen programs established by the Infrastructure Investment and Jobs Act. The...more

DOE Establishes $6 Billion Civil Nuclear Credit Program

The Department of Energy has released a Notice of Intent/Request for Information describing and soliciting feedback on its proposed plan for implementing the Bipartisan Infrastructure Law’s $6 billion Civil Nuclear Credit...more

Sixth and Eighth Circuits Confirm the Broad Applicability of the Price-Anderson Nuclear Industries Indemnity Act

Recent federal court decisions in the Sixth and Eighth circuits affirm holdings in other circuits - The Sixth Circuit, in Matthews v. Centrus Energy Corporation, affirmed that the Price-Anderson Act broadly preempts state...more

Tension Over Municipal Gas Bans Creates Uncertainty for Real Estate Developers

On November 15, 2021, the New York City Council approved a bill banning gas hookups in new buildings, making the biggest city in the U.S. the latest in a string of municipalities to prohibit natural gas infrastructure in new...more

An Update on Recent PFAS Regulation and Enforcement and the Resulting Insurance Implications

In August, we provided an overview of the recent increase in regulatory and private litigation activity around per- and polyfluoroalkyl substances (PFAS), colloquially known as “forever chemicals,” and potential insurance...more

Biden EPA Doubles Down on Chemical Regulation with PFAS Strategic Roadmap

The agenda-setting document promises rulemakings across multiple EPA programs to expand the scope—and accelerate the pace—of PFAS regulation. The Biden administration continues the beat on PFAS regulation by releasing its...more

Corporate Plastic Footprints: A Growing ESG and Sustainable Finance Focus

Increasing public awareness of the environmental and social impacts of plastic pollution is pushing plastic management to a leading place in ESG evaluations. ESG and sustainable finance programs continue to gain momentum...more

Civil Nuclear Credit Program in the Bipartisan Infrastructure Bill

On August 10, 2021, the U.S. Senate passed the Infrastructure Investment and Jobs Act (IIJA) by a bipartisan vote of 69–30. In addition to funding for roads and bridges, the $1.2 trillion infrastructure package establishes a...more

DOE Requests Comments on the Price-Anderson Act

The U.S. Department of Energy (DOE) has requested comments regarding the Price-Anderson Act (PAA) to assist it in preparation of a Congressionally mandated report regarding reauthorization. The Department of Energy is...more

The “Everywhere Chemical”—Might Phthalates Become the Next PFAS?

Mounting public and regulatory concerns regarding widespread phthalate exposure may result in a rapid expansion of regulatory and litigation risk for impacted businesses. Phthalates are chemicals found in a wide range of...more

NRC Seeking Input to Update NEPA Process for Categorical Exclusions

In an important step furthering recent commitments to modernize its environmental review process, the NRC has requested input on its plan to update and expand the field of categorical exclusions in its regulations...more

EPA Proposes Rule to Implement AIM Act’s HFC Phasedown

Businesses are encouraged to provide input on EPA’s HFC allowance allocation process during the forthcoming public comment period. To achieve the objectives of the American Innovation and Manufacturing Act (AIM), which...more

Hydrogen Powers Its Way from Proof of Concept to Reality in Real Estate

Hydrogen is the new buzzword in every industry, and real estate is no exception. Hydrogen does not emit carbon dioxide when burnt and could therefore help reduce the climate impact of buildings, which in aggregate represent...more

Navigating the American Innovation and Manufacturing (AIM) Act’s Comprehensive HFC Phasedown

Industries impacted by the AIM Act’s HFC phasedown must prepare to address the costs and other challenges of complying with a new and emerging regulatory framework. The American Innovation and Manufacturing Act (AIM Act)...more

Federal Support for Defense Uses of Advanced Nuclear

Summary of the EO - On January 12, 2021, former President Trump issued an EO on Promoting Small Modular Reactors for National Defense and Space Exploration. The EO directs the Department of Energy (DOE), Department of...more

Biden’s Climate Blitz

The new administration has launched an avalanche of Executive Orders and memoranda aimed at tackling the climate crisis in its first week—Pillsbury reviews its impact. Expect to see growth in electric vehicles, innovation...more

Considerations for Regulation of Fusion-Based Power Generation Devices

With advances in technology, the long sought-after development of fusion power, which promises a limitless, carbon-free source of energy for the future, finally appears within reach. Over two-dozen private companies are...more

DOE Announces Its Hydrogen Plan

The Hydrogen Program Plan establishes a strategic framework to coordinate DOE’s hydrogen research, development and demonstration activities. The Hydrogen Program Plan affirms DOE’s commitment to developing the technologies...more

Legislators, Companies and Consumers Turn Their Attention Toward Plastics

Plastic pollution and waste reduction are becoming key elements of the sustainability conversation. Early movers are investing in plastic-reduction funds, technologies such as plastic to fuel and molecular recycling, or...more

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