Introduction: Understanding the New Regulations on Respirable Crystalline Silica (RCS) Respirable crystalline silica (RCS) is classified by the International Agency for Research on Cancer (IARC) as a human carcinogen. ...more
Welcome to the seventh 2024 issue of Currents - our e-newsletter focused on energy topics. There are less than six months left for companies formed before January 1, 2024 to file their initial beneficial owner report...more
Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •44 AGs Rally for AI Safeguards, Endorsing New Commission...more
A coalition of 14 Republican AGs, co-led by Indiana AG Todd Rokita and West Virginia AG Patrick Morrisey, filed a petition for judicial review challenging a Department of Interior Final Rule amending regulations governing the...more
The IRS released additional guidance on June 7, 2024, in the form of Notice 2024-48 (Notice) regarding the energy community bonus credit under Sections 45, 48, 45Y and 48E of the Internal Revenue Code. The Notice follows...more
The Biden administration on Tuesday announced a goal to protect and restore 8 million acres of wetlands over the next six years in an effort to counter development pressures and recently weakened federal regulations. The new...more
On April 16, 2024, the Mine Safety & Health Administration (“MSHA”) released its final rule for Respirable Crystalline Silica (“RCS”) for preliminary viewing, and it was published in the Federal Register on April 18, 2024....more
The U.S. Department of Treasury on March 22 issued guidance that further defined what qualifies as an “energy community” under the Inflation Reduction Act, clarifying where developers can site projects to qualify for the...more
This year’s Virginia General Assembly was a packed session with several important pieces of legislation under consideration to further Virginia’s energy transition. Register for our annual webinar where we will provide an...more
On December 20, 2023, and more than two years after announcing a proposed rule, the Mine Safety and Health Administration (MSHA) issued its much-anticipated final rule regarding safety plans for powered haulage. The rule...more
On May 31, 2023, the Treasury Department and the Internal Revenue Service (IRS) released Notice 2023-44 (the Notice). The Notice provides additional guidance for the new program under Section 48C(e) created by the Inflation...more
In what appears to have been an update to previously released guidance, the Department of Treasury (the “Treasury”) and Internal Revenue Service (the “IRS”) posted an unexpected update to Notice 2023-29 (the “Notice”)...more
California will invest $9.3 billion in 46 transmission projects to accommodate the state’s renewable energy shift, enabling more than 17 GW of solar generation to be added to the grid....more
Incoming: Mandatory Climate Risk Disclosures in Australia - The Climate-Related Financial Disclosure Consultation Paper proposes that, commencing with the 2024/2025 financial year, large, listed entities and large...more
A controversial decision to approve a new coal mine in Cumbria, England, which will seek to supply coking coal to be used in the steel-making industry, is being challenged. Friends of the Earth ("FOE") and the South Lakes...more
Last week, Judge Donald Malloy vacated the Environmental Assessment for the Bull Mountains Mine No. 1 in central Montana. Judge Malloy had already vacated the EA once; when the 9th Circuit affirmed Judge Malloy’s decision...more
A group of institutional investors led by the Australian Centre for Corporate Responsibility (ACCR) and the NGO ShareAction has filed a shareholder resolution seeking details of the “specific plan” for Glencore PLC, a...more
On September 13, McDermott Partners Heather Cooper and Philip Tingle provided a detailed overview of the bonus tax credits under the Inflation Reduction Act of 2022 for projects satisfying low-income thresholds or built-in...more
The United States Court of Appeals for the Seventh Circuit (“Seventh Circuit”) addressed in an August 11th Opinion a question regarding the extraction of coal mine methane. See Finite Resources, Ltd., et al. v. DTE Methane...more
As we previously reported, National Labor Relations Board (“NLRB” or “Board”) General Counsel Jennifer Abruzzo is committed to expanding the remedies utilized by the Board to make employees harmed by an employer’s unfair...more
While the Mine Safety and Health Administration (MSHA) continues to work on developing a new crystalline silica standard (that is expected to cut the exposure limit in half), the agency has decided to ramp up enforcement of...more
In a setback for climate change claimants, on 15 March 2022 a three-judge panel of the Full Federal Court of Australia overturned the earlier decision of the Federal Court of Australia in Sharma v Minister for the...more
MSHA has announced a new campaign focusing on mine operators’ obligations to ensure that miners are fully trained and able to take time to follow best safety practices. To that end, MSHA is providing resources on powered...more
The Alaska Department of Natural Resources (DNR) has issued a notice of proposed amendments to the regulations regarding surface coal mining in Title 11 of the Alaska Administrative Code (AAC)....more
The Sierra Club, WildEarth Guardians, Center for Biological Diversity, and High Country Conservation Advocates (collectively “Sierra Club”) and Mountain Coal Company and Arch Resources, Inc. (collectively “Mountain Coal”)...more