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Inflation Reduction Act
Biden Administration Announces Voluntary Carbon Market Principles
The recent Joint Policy Statement and Principles (Principles) released by the Biden Administration, and related remarks by Secretary of the Treasury Janet L. Yellen , mark a significant milestone in the development of the voluntary carbon market (VCM). Our views...
To Clerk or Not to Clerk With Jeff Oldham and Anouk Nouet
Judicial clerkships can be invaluable experiences for environmental attorneys. So, how can a judicial clerkship add value to the environmental lawyer’s practice and career, and what are some considerations to keep in mind when looking for a judicial clerkship? This...
Treasury Department and IRS Release Proposed Regulations for Clean Electricity Credits Under Code Sections 45Y and 48E
On May 29, 2024, the Treasury Department and the Internal Revenue Service (IRS) released a notice of proposed rulemaking (Proposed Regulations) with respect to Section 45Y (clean electricity production credit or CEPC) and Section 48E (clean electricity investment credit or...
No More Discretion: US Supreme Court Rules Cases Sent to Arbitration Must Be Put on Hold
Do federal courts have the discretion to dismiss lawsuits once it is determined that all underlying claims are covered by mandatory arbitration agreements? The answer is “no,” according to the outcome of the unanimous decision from the US Supreme Court...
We Need a Legislative Path to Power Plant Emissions Cuts
Electricity is increasingly central to Americans — powering not only our homes and businesses, but also our cars, our digital devices and countless other essential aspects of modern life. The grid that delivers electricity to virtually every household is one...
Greenwashing: Emerging Compliance and Cross-Border Legal Risks
Greenwashing, or the use of green ‘claims’ to improve a business’ or product’s environmental credentials with consumers, has come under significant scrutiny in recent years. Both the Advertising Standards Authority and the Competition and Markets Authority ( CMA ) have...
Order No. 1977: FERC Siting Permits for Interstate Electric Transmission Facilities – FERC Finalizes Backstop Transmission Siting Reforms
On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or Commission) issued a final rule amending its regulations governing FERC’s review of applications for transmission siting permits pursuant to section 216 of the Federal Power Act (“FPA”), commonly referred...
Getting Your Carbon Credits Voluntarily
Bracewell’s Gordon Stewart, Oliver Irwin and Mark Kahn take a deep dive into carbon credits as tradable certificates in this Project Finance International article, and how it is possible for an entity to purchase these certificates voluntarily in order to offset its own emissions.
Order No. 1920: Building for the Future Through Electric Regional Transmission Planning and Cost Allocation – Landmark Order Substantively Expands Planning Obligations for Transmission Providers
On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a landmark final rule implementing transmission planning and cost allocation reforms intended to promote the more efficient and cost-effective integration of new renewable generation and battery energy...
OFAC Expands Recordkeeping Requirements, Mandates Electronic Filings
Last week, the Office of Foreign Assets Control (OFAC) announced an interim final rule which amends the recordkeeping and reporting requirements relating to the various economic sanctions programs it enforces. Notably, the amendments confirm that the requirement to report and...
The Role of NGOs and the Private Sector in Environmental Justice With Matthew Tejada and Steven Cook
Environmental justice essentially means that all people — regardless of race, color, national origin or income — have the right to the same environmental protections and benefits, as well as meaningful involvement in the laws, regulations and policies that impact...
Market Integrity and Standardization: Shaping the Rules of the Voluntary Carbon Market
Bracewell’s Nicholas Neuberger and Adam Waszkiewicz take a look at how the rapidly evolving voluntary carbon market is attracting further scrutiny and questions surrounding governance and quality control.
EEOC Finalizes Long-Awaited Workplace Harassment Enforcement Guidance
The Equal Employment Opportunity Commission (EEOC) published its long-awaited final guidance on harassment in the workplace on April 29, 2024, several months following its released proposed guidance in September, which we previously discussed , and 25 years since its last...
Compliance With a Few of EPA’s New RMP Program Changes Is Required Starting in May 2024
On March 11, 2024, EPA’s “Safer Communities by Chemical Accident Prevention Rule” (the SCCAP Rule) was published in the Federal Register. See 89 Fed. Reg. 17622 (Mar. 11, 2024). The SCCAP Rule makes a number of significant changes to the...
US Producers File Antidumping and Countervailing Duty Petition Against Solar Cells and Panels From Southeast Asia
The American Alliance for Solar Manufacturing Trade Committee (Alliance) filed a petition with the US International Trade Commission (ITC) and the US Department of Commerce (Commerce) for the imposition of antidumping and countervailing duties (AD/CVD) on US imports of crystalline...