Three years after a massive spill at a Los Angeles wastewater facility sent millions of gallons of sewage into Santa Monica Bay, the city has agreed to spend more than $20 million on improvements to remedy the environmental...more
In its recent decision in FuelCell Energy, Inc. v. Town of Groton, 2024 WL 3529177 (2024), the Connecticut Supreme Court decided issues regarding the taxability of fuel cells. ...more
West Virginia AG Patrick Morrisey and Kentucky AG Russell Coleman co-led a coalition 26 Republican AGs in challenging the National Highway Traffic Safety Administration’s Corporate Average Fuel Economy Standards for Passenger...more
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
Section 40B of the Internal Revenue Code of 1986 (the “Code”) enacted by the Inflation Reduction Act of 2022 (the “IRA”) provides tax credits for each gallon of sustainable aviation fuel (“SAF”) sold or used by a taxpayer...more
Proposed rulemaking will also add requirements for third-party verification and seek to harmonize Washington’s CFS program with low carbon fuel standard laws in California and Oregon...more
The Inflation Reduction Act of 2022 established sustainable aviation fuel (SAF) tax credits to benefit United States producers and importers of certain fuel mixtures containing SAF. On December 15, 2023, the Internal Revenue...more
Section 40B of the Internal Revenue Code of 1986 (the “Code”) enacted by the Inflation Reduction Act of 2022 (the “IRA”) provides credits for each gallon of sustainable aviation fuel (“SAF”) sold or used by a taxpayer before...more
The IRS and U.S. Department of the Treasury released on Dec. 15, 2023, Notice 2024-06 regarding Section 40B of the Internal Revenue Code. Effective for fuel mixtures sold or used after Dec. 31, 2022, and before Jan. 1, 2025,...more
The Michigan Senate recently introduced legislation in an attempt to join several North American jurisdictions that have established clean fuel standards. The Michigan Clean Fuel Standard aims to reduce the average carbon...more
The Environmental Protection Agency issued its final rule establishing biofuel volume requirements for 2023 to 2025 under the Renewable Fuel Standard (RFS) program on June 21. The Rule aims to reduce the United States’...more
On December 19, 2022, the Treasury Department and the IRS released Notice 2023-6 (the Notice), which provides guidance with respect to the credit for sustainable aviation fuel (SAF). The Inflation Reduction Act of 2022 (the...more
When George W. Bush signed the Energy Policy Act of 2005 and the Energy Independence and Security Act of 2007, ethanol was hardly a household name, even though it had been used as a fuel since the early 1800s. Originally...more
On August 7, the Senate passed the Inflation Reduction Act of 2022 (the “IRA”). The IRA contains a significant number of climate and energy tax proposals, many of which were previously proposed in substantially similar form...more
[co-author: Leila Fleming] Supreme Court Restricts the EPA’s Authority to Mandate Carbon Emissions Reductions (NPR) - On Thursday, the Supreme Court invoked the “Major Questions Doctrine” in West Virginia v. EPA to...more
On May 2, 2022, the National Highway Traffic Safety Administration (NHTSA) published their new, stronger, corporate average fuel economy (CAFE) standards for model years (MY) 2024-2026 originally announced April 1. The final...more
The US Department of Transportation (DOT) implemented the Biden Administration’s newest vehicle-related environmental law intended to curb not only greenhouse gas emissions but also the United States’ reliance on imported oil...more
The National Highway Traffic Safety Administration (NHTSA) just issued a rule finalizing significantly increased civil penalties for violations of Corporate Average Fuel Economy (CAFE) standards for passenger cars. The NHTSA...more
On December 20, the U.S. Environmental Protection Agency (“EPA”) finalized its new national greenhouse gas (GHG) emissions standards for new passenger cars and light trucks. These new rules are the most ambitious in history,...more
On November 12, 2021, a divided panel of the U.S. Court of Appeals for the D.C. Circuit in Truck Trailer Manufacturers Association, Inc. v. EPA, et al. held that the Environmental Protection Agency (“EPA”) cannot regulate...more
The aviation industry, including air carriers and aircraft manufacturers, has taken significant steps toward increasing the environmental sustainability of the industry. Overall, many airlines have demonstrated a commitment...more
A group of 13 Democratic AGs, led by California AG Rob Bonta and New York AG Letitia James, sent a letter to the National Highway Transportation Safety Administration (“NHTSA”) to restore penalties for automakers that failed...more
On August 10, 2021, the National Highway Traffic Safety Administration (NHTSA) issued a Notice of Proposed Rulemaking (NPRM) to revise the federal corporate average fuel economy (CAFE) emissions standards in model years (MY)...more
Over the past number of weeks, a variety of legislative proposals, from both sides of the aisle, have been released that, if enacted, could drastically impact the US energy industry and, in many cases, the taxation of energy...more
California and five major automakers finalize deal on vehicle emissions standards - The New York Times – August 17 - The California Air Resources Board (CARB) this Monday finalized “Settlement Agreements” with five of...more