Author Info for Foley Hoag LLP - Energy & Climate Counsel

Stacie Aarestad

SEC Adopts Final Rules Regarding Climate-Related Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures... The final rules are the culmination of almost…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

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Samita Ali-Khan

SEC Adopts Final Rules Regarding Climate-Related Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures... The final rules are the culmination of almost…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

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Mark Barnett

Catalyzing Action: How Catalytic Capital Can Help Unlock Trillions in Climate Investment

Last month, after a meeting with the G20 financing ministers, U.S. Treasury Secretary Janet Yellen announced that US$3 trillion of additive capital investment will be necessary each year (above and beyond business as usual) to…more

Capital Investments, Capital Markets, Energy Policy, Energy Sector, Infrastructure

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Kathleen Brill

Massachusetts to Require Disclosure of Energy Usage from Large Buildings

Lost amid the more high profile items in Massachusetts’ recently enacted Act Driving Clean Energy and Offshore Wind is a requirement that the Department of Energy Resources establish a program requiring large buildings across…more

Clean Energy, Department of Energy (DOE), Disclosure Requirements, Energy Sector, Energy Tax Incentives

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Jasmine Brown

Anticipating the U.S. Securities and Exchange Commission’s ESG Disclosure Rules and Guidelines: How to Stay Ahead of the Game

As more advisory services, investment companies, and public companies have publicized their Environmental, Social, and Governance (ESG) goals, the U.S. Securities and Exchange Commission (SEC) has proposed a set of new rules…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Kelly Caiazzo

Massachusetts AG Petitions DPU to Investigate Gas Industry Future in Light of Commonwealth’s GHG Emissions Goals

On June 4, 2020, the Massachusetts Office of the Attorney General (AGO) filed a petition with the Department of Public Utilities (DPU) requesting that the DPU open an investigation “to assess the future of local gas distribution…more

Attorney General, Energy Sector, Global Warming Solutions Act, Greenhouse Gas Emissions, Oil & Gas

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Daniel Carlston

Massachusetts DPU Approves Utilities’ Electric Sector Modernization Plans

On August 29, 2024, the Massachusetts Department of Public Utilities (“DPU”) issued a highly anticipated order approving the Electric Sector Modernization Plans (“ESMPs”) filed by the three Massachusetts electric distribution…more

Clean Energy, Electricity, Energy Policy, Energy Sector, Power Grid

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Kevin Chen

On the Front Burner: Energy Permitting Reform

Energy permitting reform is one of the hottest topics in Congress and state houses nationwide. Federal legislation is building momentum, while parallel efforts at streamlining energy approvals have also emerged at the state…more

Clean Energy, Energy Policy, Energy Sector, Inflation Reduction Act (IRA), Interconnections

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Alissa Clarke

Department of Commerce Issues Preliminary Determination Imposing U.S. Antidumping and Countervailing Duties on Chinese Solar Cells and Modules Imported through Vietnam, Malaysia, Thailand and Cambodia

On December 8, 2022, the Department of Commerce published a preliminary determination that finds that imports into the U.S. of Chinese crystalline silicon photovoltaic (CSPV) solar cells and modules exported from Vietnam,…more

Anti-Dumping Duty, Biden Administration, Cambodia, China, Countervailing Duties

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Daniel Clevenger

Recently Announced Tariff Rate Hikes Highlight Risks and Opportunities for M&A in the BESS Market

The staged payment of purchase price is a near-universal feature of M&A in development-stage renewable energy and battery energy storage system (BESS) projects. In a typical sale, the buyer pays a comparatively small portion of…more

Acquisitions, Battery, China, Clean Energy, Electric Vehicles

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Tanisha Edwards

EPA’s Office of Land and Emergency Management Commits to Environmental Justice

Federal agencies continue to roll out plans to address environmental justice issues, which has become a focal point in the Biden administration’s agenda. Now that the Inflation Reduction Act of 2022 (IRA) is in effect, federal…more

Climate Change, Environmental Justice, Environmental Protection Agency (EPA), EPA Appeals Board, Inflation Reduction Act (IRA)

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Lucas Freeman Ph.D.

Battery Technologies: Where Are We Now, and Where Are We Going?

Achieving climate goals will require significant capital investment into the development and scaling of improved battery technologies. The Inflation Reduction Act (IRA), enacted in August 2022, allocated billions of dollars for…more

Batteries, Clean Energy, Climate Change, Department of Energy (DOE), Electric Vehicles

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Zachary Gerson

Massachusetts DPU Approves Utilities’ Electric Sector Modernization Plans

On August 29, 2024, the Massachusetts Department of Public Utilities (“DPU”) issued a highly anticipated order approving the Electric Sector Modernization Plans (“ESMPs”) filed by the three Massachusetts electric distribution…more

Clean Energy, Electricity, Energy Policy, Energy Sector, Power Grid

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John Hancock

Federal Court of Appeals Stays SEC Climate Rule

On Friday, March 15, 2024, the United States Court of Appeals for the Fifth Circuit issued an administrative stay on the application of the SEC’s new rules regarding climate-related disclosures for investors, which we covered in…more

Annual Reports, Appeals, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG)

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Nicholas Hanel

FERC Final Rule on Interconnection Queue Reform Seeks to Speed Up Interconnection Queue Processing

Facing more than 2,000 gigawatts of energy generation and storage waiting in transmission system interconnection queues, the Federal Energy Regulatory Commission (FERC) has voted to adopt a final rule to revise its pro forma…more

Electricity, Energy Sector, Energy Storage, FERC, Final Rules

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Tad Heuer

Supreme Court Decision Limits Ability to Curb Ozone and Other Air Emissions

The Supreme Court has released its opinion in Ohio v. EPA, a case involving whether the federal government’s “good neighbor” ozone regulations were properly promulgated. This decision impacts the authority of the U.S…more

Air Pollution, Climate Change, Energy Policy, Energy Sector, Environmental Protection Agency (EPA)

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Carol Holahan

U.S. Department of Energy Releases Cybersecurity Baselines for Utilities and DERs

As part of the Biden Administration’s efforts to align energy cybersecurity efforts across the country, the U.S. Department of Energy (“DOE”) has funded the release of a set of energy distribution cybersecurity baselines for…more

Critical Infrastructure Sectors, Cyber Crimes, Cybersecurity, Department of Energy (DOE), Electricity

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Matthew Hursh

U.S. Department of Energy Releases Cybersecurity Baselines for Utilities and DERs

As part of the Biden Administration’s efforts to align energy cybersecurity efforts across the country, the U.S. Department of Energy (“DOE”) has funded the release of a set of energy distribution cybersecurity baselines for…more

Critical Infrastructure Sectors, Cyber Crimes, Cybersecurity, Department of Energy (DOE), Electricity

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Seth Jaffe

BERDO Implementation Picks Up Speed — Better Get Ready

On Monday, Boston released a draft of the first phase of regulations intended to implement the amended BERDO ordinance signed by then-Mayor Janey in October. The first phase of the regulations is focused only on reporting…more

Air Pollution, Compliance, Greenhouse Gas Emissions, Reporting Requirements, Third-Party

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Jared Kadich

Infrastructure Package Makes New Investments in the Electric Transportation Future

The Infrastructure Investment and Jobs Act signed into law today not only makes critical investments in our core infrastructure, it creates several new programs to support the increasing electrification of the transportation…more

Automotive Industry, Biden Administration, Charging Stations, Clean Energy, Climate Change

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Adam Kahn

Regulating the Impossible Dream: NRC decision streamlines efforts to commercialize fusion

On April 13, 2023, the Commissioners of the Nuclear Regulatory Commission (NRC) voted to approve a proposal that will accelerate the commercialization of fusion energy in the United States. Specifically, the NRC determined that…more

Energy Projects, Energy Sector, Environmental Protection Agency (EPA), Nuclear Energy Innovation and Modernization Act (NEIMA), Nuclear Fusion

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Aaron Lang

Treasury and IRS Issue Guidance on Calculating Lifecycle GHG Emissions for IRA’s Sustainable Aviation Fuel Tax Credit

The IRA created substantial tax credits for SAF. Under Section 40B, SAF producers who meet certain requirements can claim a credit of at least $1.25 per gallon of SAF. Among other things, eligible SAF must achieve lifecycle GHG…more

Biofuel, Clean Fuels Program (CFP), Climate Change, Energy Sector, Fossil Fuel

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Victoria (Tory) Lauterbach

NEPOOL Set to Approve New Long-Term Transmission Planning Process for New England

As soon as tomorrow (Thursday, April 4, 2024), New England could have a new long-term transmission planning process—and one that puts the states in the driver’s seat. The New England Power Pool (“NEPOOL”) Transmission…more

Clean Energy, Electricity, Energy Policy, Energy Projects, FERC

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Amanda Lefton

Biden-Harris Administration Publishes Priorities for Permitting Reform to Build Clean Energy “Faster, Safer, and Cleaner”

Yesterday, the Biden-Harris administration outlined in a fact sheet its priorities for permitting reform to accelerate the build-out of America’s energy infrastructure “faster, safer, and cleaner.” The fact sheet provides an…more

Biden Administration, Clean Energy, Climate Change, Energy Policy, Environmental Assessments

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Sarah Main

EV Roundup - September 2024

In June 2024, the U.S. Department of the Treasury and IRS announced that U.S. consumers have saved more than $1 billion in upfront costs on their purchase of more than 150,000 clean vehicles since January 1, 2024, thanks to…more

Automotive Industry, Biden Administration, Charging Stations, Clean Energy, Climate Change

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Prem Malali

Maine Public Utilities Commission Request for Proposals for the Sale of Energy or Renewable Energy Credits from Qualifying Renewable Resources (Tranche 1)

On February 14, 2020, the State of Maine Public Utilities Commission (the Commission), acting pursuant to the Act To Reform Maine’s Renewable Portfolio Standard, P.L. 2019, Chapter 477 (the Act), issued a Request for Proposal…more

Public Utilities Commission, Renewable Energy, Renewable Portfolio Standards, Request for Proposals, Utilities Sector

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Alexander McGrath

DPU Issues Long-Anticipated Net Metering Ruling

On February 15, 2024, the Massachusetts Department of Public Utilities (“DPU”) issued a much-anticipated order in docket D.P.U. 21-100 that finally promulgates regulations (220 CMR 18.00) to implement 2021 statutory changes to…more

Clean Energy, Climate Change, Energy Sector, Legislative Agendas, Regulatory Agenda

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Matthew Miller

SEC Adopts Final Rules Regarding Climate-Related Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures... The final rules are the culmination of almost…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

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Alison Neugebauer

A Look Ahead: Capacity Contracts under the U.S. Department of Energy’s Transmission Facilitation Program

Among the panoply of clean energy-related programs currently being implemented under the 2021 Infrastructure Investment and Jobs Act (“IIJA”), one in particular – for which a solicitation is set to issue soon – will infuse…more

Clean Energy, Department of Energy (DOE), Energy Projects, Energy Sector, Infrastructure Investment and Jobs Act (IIJA)

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Ian Chasse Osborn

IRS Issues Guidance on IRA Tax Credit Labor Requirements; Starts Clock for Compliance

The Internal Revenue Service (IRS) issued guidance on the prevailing wage and apprenticeship requirements under the Inflation Reduction Act (IRA) by publishing Notice 2022-61 (the Notice) in the federal register today. Meeting…more

Apprenticeships, Inflation Reduction Act (IRA), Investment Tax Credits, IRS, New Guidance

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Austin Ownbey

Acquisitions of Renewable Energy Projects Exempt Under HSR Act Could Require 60-Day Waiting Period Under Proposed New York Law

A recent post on Foley Hoag’s State AG blog about New York’s proposed pre-merger notification legislation details the potential new notification requirement, but we wanted to dive a little deeper into the impact the proposed…more

Acquisitions, Antitrust Division, Energy Projects, Energy Sector, Hart-Scott-Rodino Act

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Cloe Pippin

Berkeley Seeks Re-Hearing of Ninth Circuit’s Decision on Natural Gas Ban Preemption

In April, a three-judge panel in the Ninth Circuit Court of Appeals held that the City of Berkeley’s ordinance prohibiting natural gas infrastructure in new buildings was preempted by federal law. In June, Berkeley asked the…more

Amicus Briefs, Appeals, Biden Administration, California, City of Berkeley

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Luciano Racco

Department of Commerce Issues Preliminary Determination Imposing U.S. Antidumping and Countervailing Duties on Chinese Solar Cells and Modules Imported through Vietnam, Malaysia, Thailand and Cambodia

On December 8, 2022, the Department of Commerce published a preliminary determination that finds that imports into the U.S. of Chinese crystalline silicon photovoltaic (CSPV) solar cells and modules exported from Vietnam,…more

Anti-Dumping Duty, Biden Administration, Cambodia, China, Countervailing Duties

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Walter (Mack) Ramsden

FERC Wholesale Distribution Service Tariffs For Energy-Storage Facilities Are In The Works For The Northeast

As energy storage facilities (“ESFs”) are developed and deployed in the Northeast, questions about how ESFs will be charged for use of the electric distribution system while participating in wholesale markets have become…more

Batteries, Clean Energy, Electricity, Energy Sector, Energy Storage

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Ryan Rourke Reed

SEC Adopts Final Rules Regarding Climate-Related Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures... The final rules are the culmination of almost…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

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Nicholas Romanos

IRS Issues Guidance on IRA Tax Credit Labor Requirements; Starts Clock for Compliance

The Internal Revenue Service (IRS) issued guidance on the prevailing wage and apprenticeship requirements under the Inflation Reduction Act (IRA) by publishing Notice 2022-61 (the Notice) in the federal register today. Meeting…more

Apprenticeships, Inflation Reduction Act (IRA), Investment Tax Credits, IRS, New Guidance

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Joshua Rosen

Supreme Court Decision Limits Ability to Curb Ozone and Other Air Emissions

The Supreme Court has released its opinion in Ohio v. EPA, a case involving whether the federal government’s “good neighbor” ozone regulations were properly promulgated. This decision impacts the authority of the U.S…more

Air Pollution, Climate Change, Energy Policy, Energy Sector, Environmental Protection Agency (EPA)

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Michael Rosen

MassCEC and MA DOER Issue RFP for Energy Storage Market Update and Strategy Study

Earlier this month, the Massachusetts Clean Energy Center (MassCEC) and the Massachusetts Department of Energy Resources (DOER) issued a Request for Proposals for a consultant to conduct an energy storage market update and…more

CERCLA, Clean Energy, Climate Change, Comment Period, Department of Energy (DOE)

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Peter Ross

New York’s Inflation Reduction Act “Surplus” and How to Expand Distributed Solar Beyond 10 Gigawatts

The New York Public Service Commission (“PSC”) is considering recommendations by the New York State Energy Research and Development Authority (“NYSERDA”) to use existing NY-Sun Program funding to deploy distributed solar…more

Clean Energy, Comment Period, Energy Policy, Energy Projects, Funding

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Shailesh Sahay

EPA Looks to Accelerate Electric Vehicle Adoption with New Vehicle Emission Standards

On April 12, 2023, the Environmental Protection Agency (EPA) proposed new pollutant emissions standards for light-duty and medium-duty vehicles and heavy duty vehicles. The proposed rules set new, aggressive greenhouse gas…more

Air Pollution, Carbon Emissions, Climate Change, Comment Period, Discharge of Pollutants

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Basil Seggos

On the Front Burner: Energy Permitting Reform

Energy permitting reform is one of the hottest topics in Congress and state houses nationwide. Federal legislation is building momentum, while parallel efforts at streamlining energy approvals have also emerged at the state…more

Clean Energy, Energy Policy, Energy Sector, Inflation Reduction Act (IRA), Interconnections

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Ethan Severance

EPA Looks to Accelerate Electric Vehicle Adoption with New Vehicle Emission Standards

On April 12, 2023, the Environmental Protection Agency (EPA) proposed new pollutant emissions standards for light-duty and medium-duty vehicles and heavy duty vehicles. The proposed rules set new, aggressive greenhouse gas…more

Air Pollution, Carbon Emissions, Climate Change, Comment Period, Discharge of Pollutants

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Noah Shaw

Through the RAPID Act, the NYPSC is Losing Jurisdiction Over Transmission Siting – Or Is it?

Intended to help expedite transmission siting to facilitate achievement of the State’s Climate Leadership and Community Protection Act (“CLCPA”) goals, the RAPID Act makes several significant structural changes to New York’s…more

Climate Change, Energy Projects, Energy Sector, Farms, Power Grid

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John Shope

Preserve Retail Competition

Proposals to eliminate competition in retail electric supply to consumers are in the air. A consultant to the Massachusetts attorney general has just published an update to a report of last year asserting that retail competition…more

Competition, Electric Generation Suppliers, Electricity, Electricity Costs, Energy Market

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Lexi Stacy

Massachusetts Passes Climate Bill Focused on Clean Energy and Offshore Wind

Governor Baker signed the climate bill (H.5060), titled An Act Driving Clean Energy and Offshore Wind, into law on Thursday August 11, 2022. The act combines and modifies provisions from the House’s proposed offshore wind bill…more

Clean Energy, Climate Change, Fossil Fuel, Governor Baker, Greenhouse Gas Emissions

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Devlyn Tedesco

Through the RAPID Act, the NYPSC is Losing Jurisdiction Over Transmission Siting – Or Is it?

Intended to help expedite transmission siting to facilitate achievement of the State’s Climate Leadership and Community Protection Act (“CLCPA”) goals, the RAPID Act makes several significant structural changes to New York’s…more

Climate Change, Energy Projects, Energy Sector, Farms, Power Grid

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Benjamin Vaughan Ph.D.

Battery Technologies: Where Are We Now, and Where Are We Going?

Achieving climate goals will require significant capital investment into the development and scaling of improved battery technologies. The Inflation Reduction Act (IRA), enacted in August 2022, allocated billions of dollars for…more

Batteries, Clean Energy, Climate Change, Department of Energy (DOE), Electric Vehicles

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Adam Wade

SEC Adopts Final Rules Regarding Climate-Related Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures... The final rules are the culmination of almost…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

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Lucas Watkins Ph.D.

Battery Technologies: Where Are We Now, and Where Are We Going?

Achieving climate goals will require significant capital investment into the development and scaling of improved battery technologies. The Inflation Reduction Act (IRA), enacted in August 2022, allocated billions of dollars for…more

Batteries, Clean Energy, Climate Change, Department of Energy (DOE), Electric Vehicles

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Morris Zarif

What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business Regulation Act

On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the nation,…more

California, Carbon Capture and Sequestration, Clean Air Act, Climate Change, Disclosure Requirements

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Foley Hoag LLP - Energy & Climate Counsel

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