Author Info for Morgan Lewis - Power & Pipes

Jane Accomando

National Energy Dominance Council: Key Takeaways from President Trump’s Latest Energy-Related Executive Order

President Donald Trump issued an executive order (EO) establishing the National Energy Dominance Council (Council) on February 14, 2025. The EO outlines the rationale for creating the Council, its members, and its primary…more

Defense Production Act, Energy Policy, Energy Sector, Environmental Protection Agency (EPA), Executive Orders

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Felipe Alice

Day 4 Dispatch from CERAWeek: Insights from Bill Gates and Closing Thoughts

In our final dispatch from the CERAWeek conference by S&P Global, Felipe Alice shared some insights and key takeaways from a luncheon and dialogue session featuring tech entrepreneur, investor, and philanthropist Bill Gates…more

Energy Projects, Energy Sector, Renewable Energy, Solar Energy, Wind Power

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Neeraj Arora

New Year Brings New Opportunities for Energy Storage (and Utilities)

On January 1, 2023, newly constructed standalone energy storage facilities became eligible for an investment tax credit (ITC) under Section 48 of the Internal Code of 1986, as amended (Code), pursuant to provisions of the…more

Energy Projects, Energy Sector, Energy Storage, Investment Tax Credits, Renewable Energy

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Casey August

New Year Brings New Opportunities for Energy Storage (and Utilities)

On January 1, 2023, newly constructed standalone energy storage facilities became eligible for an investment tax credit (ITC) under Section 48 of the Internal Code of 1986, as amended (Code), pursuant to provisions of the…more

Energy Projects, Energy Sector, Energy Storage, Investment Tax Credits, Renewable Energy

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W. Barron A. Avery

DOE Accepting Applications for Up to $7 Billion Funding for Regional Hydrogen Hub Development

On September 22, the US Department of Energy’s (DOE) Office of Clean Energy Demonstrations issued a Funding Opportunity Announcement (FOA) to solicit applications for funding to establish regional clean hydrogen hubs (H2Hub)…more

Department of Energy (DOE), Electricity, Energy Projects, Energy Sector, Hydrogen Power

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Maureen Barber

Delaware River Basin Commission Converts Fracking Moratorium into Permanent Ban

The Delaware River Basin Commission (DRBC) on February 25, 2021, approved a new regulation formally prohibiting high-volume hydraulic fracturing (HVHF), or fracking, in the Delaware River Basin. The final rule makes permanent a…more

Energy Policy, Energy Reform, Environmental Liability, Environmental Policies, Fracking

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Maggie E. Curran

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 for…more

Automotive Industry, Comment Period, Energy Sector, Environmental Protection Agency (EPA), Proposed Rules

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Brad Fagg

Real-World Litigation Effects of Energy Contract Clauses: ‘No Waiver’ Clauses

Authored by litigators from our energy team, the Not Just Boilerplate series on Power & Pipes provides real-world examples of the impact that certain contract clauses can have on energy companies. Whether in repeat form…more

Electricity, Energy Sector, Mergers, Power Plants, Terms and Conditions

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Richard Filosa

FERC Issues Rule to Implement Revisions to PURPA Regulations

FERC has issued a final rule, Order No. 872, revising the Commission’s regulations governing qualifying small power producers and co-generators (collectively, qualifying facilities or QFs) under the Public Utility Regulatory…more

Electric Generation Suppliers, Energy Policy, Federal Power Act, FERC, Power Plants

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Andrew Gallo

Delaware Bankruptcy Court Finds Violation of the Automatic Stay with Reservation of Rights Letters Sent to Non-Debtors

US Bankruptcy Judge Mary F. Walrath of the District of Delaware entered an order on April 21 in In re Nine Point Energy Holdings, Inc., Case No. 21-10570 (MFW) (Bankr. D. Del. Apr. 21, 2021), finding that Caliber Measurement…more

Automatic Stay, Bankruptcy Code, Bankruptcy Court, Binding Contractual Rules, Commercial Bankruptcy

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Ella Foley Gannon

Vineyard Wind Becomes First Approved Major Offshore Wind Project in the United States

A very significant step in the development of offshore wind in the United States was reached on May 11, 2021, when the Bureau of Ocean Energy Management (BOEM) approved Vineyard Wind’s 62-turbine offshore wind farm located about…more

BOEM, Clean Energy, Energy Projects, Infrastructure, Offshore Wind

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Kirstin Gibbs

National Energy Dominance Council: Key Takeaways from President Trump’s Latest Energy-Related Executive Order

President Donald Trump issued an executive order (EO) establishing the National Energy Dominance Council (Council) on February 14, 2025. The EO outlines the rationale for creating the Council, its members, and its primary…more

Defense Production Act, Energy Policy, Energy Sector, Environmental Protection Agency (EPA), Executive Orders

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Lea Giotto

Biden Executive Order to Fast Track AI Data Centers and Energy Infrastructure on Federal Lands

On January 14, 2025, with just days remaining before a presidential administration change, President Joseph R. Biden issued an Executive Order on Advancing United States Leadership in Artificial Intelligence Infrastructure (EO)…more

Artificial Intelligence, Biden Administration, Clean Energy, Data Centers, Department of Energy (DOE)

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John Gisleson

Enforceability of Indemnification Provisions in Energy Contracts

Indemnity clauses are an integral tool used regularly in energy contracts and master service agreements. Indemnity is an obligation by one party to make another whole for a loss or damage, and indemnity clauses are useful tools…more

Contract Disputes, Contract Terms, Energy Contracts, Energy Sector, Indemnification Clauses

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Robert Goldfin

FERC Takes Final Action on Backstop Transmission Siting Rule

Earlier this year, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order 1977 to address its limited backstop siting authority for electric transmission lines. On October 17, 2024, FERC issued Order…more

Electricity, Energy Sector, Federal Power Act, FERC, Transmission Lines

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Douglas Hastings

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 for…more

Automotive Industry, Comment Period, Energy Sector, Environmental Protection Agency (EPA), Proposed Rules

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Katelyn Hilferty

CBP Issues Supply Chain Questionnaire to Solar Companies

US Customs and Border Protection (CBP) has begun issuing questionnaires to solar companies requesting extensive disclosures about the source of modules, panels, and other products. This marks an expansion of the scrutiny on the…more

Customs and Border Protection, Forced Labor, Importers, Imports, Supply Chain

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Steven Hunchuck

Department of Energy Predicts Substantial Impact From Fracking Ban

The US Department of Energy submitted a report to the president last month on “Economic and National Security Impacts under a Hydraulic Fracturing Ban.” This 80-page report analyzed the effects of a hypothetical United States…more

Biden Administration, Department of Energy (DOE), Energy Policy, Energy Reform, Environmental Liability

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Kenneth Kulak

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 two…more

Capacity Market, Electricity, Energy Market, Energy Sector, Federal Power Act

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Mark Lazaroff

Pennsylvania Moves on Governor Shapiro’s Vision for Power Infrastructure

The Pennsylvania General Assembly on April 23, 2025 introduced a suite of legislation to implement Governor Josh Shapiro’s six-part “Lightening Plan” to secure the commonwealth’s energy future. A key element of the Lightening…more

Data Centers, Energy Policy, Energy Projects, Pennsylvania, Permits

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Ryan Lighty

CISA Guidance Expands Scope of ‘Essential’ Energy Workers Amid COVID-19

A week after first issuing guidance identifying the workers considered essential for critical industries in the United States during the coronavirus (COVID-19) pandemic, the US Department of Homeland Security’s Cybersecurity &…more

Coronavirus/COVID-19, Critical Infrastructure Sectors, Cybersecurity Information Sharing Act (CISA), Emergency Management Plans, Essential Functions

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Timothy Matthews

DOE Accepting Applications for Up to $7 Billion Funding for Regional Hydrogen Hub Development

On September 22, the US Department of Energy’s (DOE) Office of Clean Energy Demonstrations issued a Funding Opportunity Announcement (FOA) to solicit applications for funding to establish regional clean hydrogen hubs (H2Hub)…more

Department of Energy (DOE), Electricity, Energy Projects, Energy Sector, Hydrogen Power

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Levi McAllister

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

Aviation Industry, Climate Change, EU Directive, European Commission, Greenwashing

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Erin McClelland

National Energy Dominance Council: Key Takeaways from President Trump’s Latest Energy-Related Executive Order

President Donald Trump issued an executive order (EO) establishing the National Energy Dominance Council (Council) on February 14, 2025. The EO outlines the rationale for creating the Council, its members, and its primary…more

Defense Production Act, Energy Policy, Energy Sector, Environmental Protection Agency (EPA), Executive Orders

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Brooke McGlinn

Pennsylvania Moves on Governor Shapiro’s Vision for Power Infrastructure

The Pennsylvania General Assembly on April 23, 2025 introduced a suite of legislation to implement Governor Josh Shapiro’s six-part “Lightening Plan” to secure the commonwealth’s energy future. A key element of the Lightening…more

Data Centers, Energy Policy, Energy Projects, Pennsylvania, Permits

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Michael Müller

DOE Accepting Applications for Up to $7 Billion Funding for Regional Hydrogen Hub Development

On September 22, the US Department of Energy’s (DOE) Office of Clean Energy Demonstrations issued a Funding Opportunity Announcement (FOA) to solicit applications for funding to establish regional clean hydrogen hubs (H2Hub)…more

Department of Energy (DOE), Electricity, Energy Projects, Energy Sector, Hydrogen Power

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Laura Neumeister Wright

DOI Announces Proposed Lease Sale for Offshore Wind Development for New York and New Jersey

On June 11, 2021, the US Department of the Interior’s (DOI’s) Bureau of Ocean Energy Management (BOEM) issued a proposed sale notice to sell commercial wind energy leases on the Outer Continental Shelf (OCS) in the New York…more

Biden Administration, BOEM, Clean Energy, Comment Period, Department of the Interior

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Kenneth Nunnenkamp

DOE Prohibits All Chinese Equipment in Electric Infrastructure Serving Certain Defense Facilities

The secretary of the US Department of Energy (DOE) issued an order on December 17 prohibiting electric utilities from installing equipment or components provided by Chinese companies in electric facilities serving designated…more

China, Defense Sector, Department of Energy (DOE), Foreign Corporations, Infrastructure

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Michelle Pector

Real-World Litigation Impacts of Clauses in Energy Contracts: Defining the Prevailing Party

When the term “prevailing party” is not carefully defined, it can lead to a result where your company or client is left without the possibility of recovering attorney’s fees or having to pay the other side’s attorney’s fees. The…more

Attorney's Fees, Contract Terms, Energy Contracts, Litigation Fees & Costs, Litigation Strategies

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Patrick Pennella

Trump-Vance Administration Issues Executive Order to Promote American Energy

Donald J. Trump became the 47th president of the United States on January 20. His second inaugural address focused significantly on energy policy, where he promised to declare a national energy emergency. Making America “energy…more

Clean Energy, Climate Change, Department of Energy (DOE), Energy Policy, Environmental Policies

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Alex Polonsky

DOE Prohibits All Chinese Equipment in Electric Infrastructure Serving Certain Defense Facilities

The secretary of the US Department of Energy (DOE) issued an order on December 17 prohibiting electric utilities from installing equipment or components provided by Chinese companies in electric facilities serving designated…more

China, Defense Sector, Department of Energy (DOE), Foreign Corporations, Infrastructure

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Arjun Prasad Ramadevanahalli

National Energy Dominance Council: Key Takeaways from President Trump’s Latest Energy-Related Executive Order

President Donald Trump issued an executive order (EO) establishing the National Energy Dominance Council (Council) on February 14, 2025. The EO outlines the rationale for creating the Council, its members, and its primary…more

Defense Production Act, Energy Policy, Energy Sector, Environmental Protection Agency (EPA), Executive Orders

See all updates »

Hillary Rankin

Enforceability of Indemnification Provisions in Energy Contracts

Indemnity clauses are an integral tool used regularly in energy contracts and master service agreements. Indemnity is an obligation by one party to make another whole for a loss or damage, and indemnity clauses are useful tools…more

Contract Disputes, Contract Terms, Energy Contracts, Energy Sector, Indemnification Clauses

See all updates »

Heidi Rasmussen

Real-World Litigation Impacts of Clauses in Energy Contracts: Defining the Prevailing Party

When the term “prevailing party” is not carefully defined, it can lead to a result where your company or client is left without the possibility of recovering attorney’s fees or having to pay the other side’s attorney’s fees. The…more

Attorney's Fees, Contract Terms, Energy Contracts, Litigation Fees & Costs, Litigation Strategies

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Christina Renner

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

Aviation Industry, Climate Change, EU Directive, European Commission, Greenwashing

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Rick Rothman

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

Carbon Emissions, Department of Transportation (DOT), Energy Sector, Environmental Protection Agency (EPA), Federal Housing Administration (FHA)

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Matthew Sepp

GAO Finds Offshore Pipeline Oversight Lacking

On April 19, 2021, eleven years since the Deepwater Horizon explosion, the US Government Accountability Office (GAO) released a report issued to Congress criticizing the Department of Interior’s Bureau of Safety and…more

BSEE, Deepwater Horizon, Failure to Monitor, GAO, Gulf of Mexico

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J. Daniel Skees

Energy and Commerce Departments Sign Pact to Evaluate AI Safety

The US Department of Energy (DOE) and the Department of Commerce (DOC) announced on October 30, 2024 a Memorandum of Understanding (MOU) signed earlier this year to collaborate on safety research, testing, and standards for…more

Artificial Intelligence, Department of Energy (DOE), Memorandum of Understanding, NIST, U.S. Commerce Department

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Stephen Spina

FERC Takes Final Action on Backstop Transmission Siting Rule

Earlier this year, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order 1977 to address its limited backstop siting authority for electric transmission lines. On October 17, 2024, FERC issued Order…more

Electricity, Energy Sector, Federal Power Act, FERC, Transmission Lines

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Susan Stradley

Real-World Litigation Impacts of Contract Clauses in Energy Contracts Key No-Reliance Language Under Texas Law

Contracting parties sometimes attempt to rely on merger clauses to avoid future claims arising from reliance on extra-contractual representations such as fraudulent inducement. But in Texas, the inclusion of a standard merger…more

Breach of Contract, Energy Contracts, Fraud, Fraudulent Inducement, Misrepresentation

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James Tynion III

Vineyard Wind Becomes First Approved Major Offshore Wind Project in the United States

A very significant step in the development of offshore wind in the United States was reached on May 11, 2021, when the Bureau of Ocean Energy Management (BOEM) approved Vineyard Wind’s 62-turbine offshore wind farm located about…more

BOEM, Clean Energy, Energy Projects, Infrastructure, Offshore Wind

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Katherine Vaky

Supreme Court to Review Third Circuit’s ‘Disruptive’ NGA Decision on Pipeline’s Power to Acquire Right-of-Way over State Lands

The US Supreme Court granted certification on February 3 to review the US Court of Appeals for the Third Circuit’s decision in In re PennEast Pipeline Co. in order to resolve an important question: Does the Natural Gas Act (NGA)…more

Certificate of Public Convenience and Necessity, Certiorari, Condemnation, Critical Infrastructure Sectors, Eleventh Amendment

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Carl Valenstein

CBP Issues Supply Chain Questionnaire to Solar Companies

US Customs and Border Protection (CBP) has begun issuing questionnaires to solar companies requesting extensive disclosures about the source of modules, panels, and other products. This marks an expansion of the scrutiny on the…more

Customs and Border Protection, Forced Labor, Importers, Imports, Supply Chain

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Catherine Vasudevan

Pennsylvania PUC Final Policy Statement on Utility Rate Design for EV Charging Becomes Effective

In November 2023, the Pennsylvania Public Utility Commission (PUC) issued a proposed policy statement to encourage Pennsylvania’s electric distribution companies (EDCs) to develop distribution and default service rate structures…more

Electric Vehicles, Energy Policy, Pennsylvania, Policy Statement, Public Utility

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Casey Weaver

How Responsible Labor and Trade Issues Affect the Solar Energy Industry

The solar power industry seems to be caught in the crosshairs of competing legislative agendas. The US Inflation Reduction Act (IRA) created incentives to increase solar capacity via tax credits. The Uyghur Forced Labor…more

Energy Sector, Forced Labor, Solar Energy, Supply Chain, Trade Restrictions

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Jared Wilkerson

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: Defining Change of Control Provisions Favorably

A change of control provision gives a party certain rights under a contract, such as the right to receive payment, require consent, or terminate the contract, in the event of a specified trigger. Triggers can relate to a change…more

Breach of Contract, Change of Control, Contract Terms, Energy Contracts, Energy Sector

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Pamela Tsang Wu

DOE Initial Funding Awards to Two More Regional Hydrogen Hubs Supports Hydrogen Infrastructure Expansion

The US Department of Energy’s (DOE’s) Office of Clean Energy Demonstrations has announced initial funding awards for two additional regional clean hydrogen hubs, bringing the total number of regional hydrogen hubs with initial…more

Clean Energy, Department of Energy (DOE), Energy Projects, Energy Sector, Hydrogen Power

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Morgan Lewis - Power & Pipes

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