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Things Looking Up for Renewable Resources at Federal Energy Regulatory Commission
At the Federal Energy Regulatory Commission (“FERC” or “Commission”), President Joseph Biden selected Richard Glick, one of two Democratic commissioners on the five person commission, as Chairman. The Chair sets FERC’s agenda, so even without a tie-breaker vote or a...
Broad Federal Support for Carbon Capture, Utilization and Storage May Lead to Greater Investment
Federal support for carbon capture, utilization and storage (“CCUS”) demonstrated over the last two months has generated even greater enthusiasm for carbon capture projects in the United States. First, in the final weeks of the Trump administration, there were positive...
Environmental Justice Under the Biden Administration
On January 27th, President Biden formalized multiple campaign pledges to bolster the role of Environmental Justice across the government. Those include creating a White House Environmental Justice Interagency Council and a White House Environmental Justice Advisory Council to address “current...
The Way Forward: A Legal and Commercial Primer on Carbon Capture, Utilization, and Sequestration
Recent amendments to section 45Q of the Internal Revenue Code of 1986, as amended (Section 45Q), have created new opportunities for energy infrastructure stakeholders seeking to employ carbon capture, utilization, and storage (CCUS) technology in the United States.1 CCUS is...
HSR Notification Thresholds Decrease Slightly for 2021
The Federal Trade Commission (“FTC”) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”) thresholds, which will become effective on March 4, 2021. Pursuant to Section 7A(a)(2) of the Clayton Act, the FTC is required to...
Treasury Releases Final Regulations on 45Q Carbon Capture Credits
On January 6, 2021, the Department of the Treasury and the Internal Revenue Service (IRS) issued final regulations (the Final Regulations) under section 45Q of the Internal Revenue Code of 1986, as amended (Section 45Q), which allows a credit for...
Opposites Attract: How Oil & Gas and Renewables+Storage Are the Perfect Match
Article originally appeared in the November 2020 issues of Oil, Gas & Energy Law Intelligence (Vol. 18 - issue 6) I. Introduction As the world lives through a global pandemic, it is challenged inter alia with persistent blackouts and wildfires...
Changes to Renewable and Carbon Capture Tax Credits under the Consolidated Appropriations Act, 2021
On December 22, 2020, the U.S. House and Senate approved the Consolidated Appropriations Act, 2021 (the 2021 Act) and, on December 27, 2020, President Trump signed the 2021 Act into law. The 2021 Act extends tax credits currently available for...
ESG Investing and Retirement Plans
Background As ESG (environmental, social and governance) investing recently has drawn the attention of governmental agencies that oversee the administration of qualified retirement plans and their trillions of dollars in assets. This is unsurprising given that focus and interest in...
Infrastructure Under the Biden Administration
Watch Kevin Ewing , Ann Navaro , Liam Donovan , and Eric Washburn as they discuss the current transition topics under the Biden Administration.
Carbon Capture and Sequestration: Policy, Permitting, Liability and Tax Credits
Watch Jason Hutt , Elizabeth McGinley , and Christine Wyman as they discuss Carbon Capture Underground Storage (CCUS), 45Q tax exemption and key compliance, permitting and liability consideration, and much more.
No Longer a Lightweight: Promising Paths Forward for Hydrogen-Related Energy
We are pleased to present a panel on the emerging role of hydrogen in the energy sector. In addition to an overview of hydrogen energy options from Dave Edwards of Air Liquide, the panel will include discussions of key policy...
Clean Water Act: The Good, The Bad, and The Muddy
This Environmental Law Seminar webinar discussed a range of Clean Water Act topics including reissuance and revisions of the U.S. Army Corps of Engineers’ nationwide permits for work in wetlands and other waters regulated by Section 404 of the Act...
IRS and Treasury Department Release Guidance on the Deductibility of Eligible Expenses under the Paycheck Protection Program
On November 18, 2020, the IRS and Treasury Department released Revenue Ruling 2020-27 (the Revenue Ruling) stating that, if a taxpayer received a PPP Loan (defined below) and paid or incurred Eligible Expenses (defined below), the taxpayer may not deduct...
The Next Four Years: What Will the Clean Air Act Bring?
The Trump administration arrived four years ago with a strong deregulatory agenda, which included a number of promised changes to Clean Air Act (CAA) rules and policies. After getting off to a slow start, the Trump EPA carried out a...