The Biden-Harris Administration announced several major policy actions for offshore wind in the last week, including a new effort to strengthen regional collaboration and address high priority domestic supply chain gaps and a transmission strategy to unlock offshore wind resources in the Atlantic. These actions represent the latest steps by the Biden-Harris administration to drive long-term growth of the American offshore wind industry and “bring the nation’s first major offshore wind projects online in the near-term and achieve the goal of 30 gigawatts by 2030.”

While the announcement correctly notes that “American workers across manufacturing,… More

On September 21, 2023, the Biden administration outlined plans to expand federal agencies’ consideration of the social cost of carbon—a metric for the economic cost of each additional ton of carbon dioxide emitted to the atmosphere. This announcement tilts the balance of cost-benefit analyses in favor of activities that reduce greenhouse gas emissions, and it could have widespread effects for entities that receive federal funding or are subject to federal regulation.… More

On August 29, 2023, the Treasury and the IRS formally proposed rules on the IRA’s prevailing wage and apprenticeship requirements. The new regulations mark the first time developers have received guidance on complying with the IRA’s requirements since November 29, 2022, when the IRS released its initial guidance on the IRA’s requirements and notified the public that those requirements would go into effect for qualified facilities beginning construction on or after January 29,… More

The past 6 months have seen a flood of activity in the EV charging space. Since our last update, states have started implementing their electric vehicle deployment plans under the Bipartisan Infrastructure Law’s (“BIL’s”) NEVI Program. The Federal Highway Administration (FHWA) approved deployment plans for all 50 states last year and issued final technical standards for NEVI-funded EV chargers at the beginning of 2023. Now, state efforts are underway to procure EV chargers and charging services in accordance with their deployment plans and FHWA technical standards.… More

On August 15, 2023, ISO New England (ISO-NE) presented preliminary results for an extended timeframe through Winter 2032 as the next phase in its ongoing exploration of potential resource adequacy impacts during extreme winter weather that may occur as a result of expected retirements of existing, mostly fossil fuel, generators and the potential retirement of the Everett Marine Terminal, a liquefied natural gas (“LNG”) facility serving New England. … More

[This post is part of our Hydrogen Blog Series. Read the rest of the series here.]

The Department of Energy (“DOE”) held a webinar on Friday, August 18, 2023 on the U.S. government’s national hydrogen strategy.  The main announcement was the formation of the Hydrogen Interagency Task Force, or “HIT,” but the webinar was otherwise light on details regarding the status of key federal hydrogen programs,… More

As more advisory services, investment companies, and public companies have publicized their Environmental, Social, and Governance (ESG) goals, the U.S. Securities and Exchange Commission (SEC) has proposed a set of new rules intended to create a consistent, comparable, and reliable source of information regarding climate change impacts and sustainability efforts to inform and protect investors while facilitating further innovation in this evolving area.

The SEC’s proposed new rules have,… More

Yesterday, the plaintiffs prevailed in the Montana climate litigation.  Time will tell whether the decision will end up being seen as a watershed moment or just a blip.  In trying to answer that question, it does seem worth briefly reviewing what the case was actually about and what the decision says. 

First, it’s important to acknowledge that the decision’s formal reach is limited. … More

On July 31, 2023, Boston Mayor Michelle Wu signed an executive order ending the use of fossil fuels in new construction and major renovations of city-owned buildings. Although city buildings comprise a small percentage of overall carbon emissions in Boston, the new executive order aligns with larger efforts to decarbonize both publicly and privately owned buildings throughout Boston.

The executive order covers both new city buildings and renovation projects affecting 75% or more of a city building’s square footage.… More

On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal projects. The proposed rules follow amendments to NEPA itself that were enacted in June 2023 through the Fiscal Responsibility Act of 2023, which addressed, among other things, the federal debt ceiling.… More