Inflation Reduction Act Aims to Propel EV and Clean Fuel Vehicle Adoption

The Inflation Reduction Act looks to accelerate the adoption of clean vehicles by reforming the related tax credits in a number of key ways.  Specifically, the bill does the following.

  1. Eliminates the 200,000 clean vehicles sold quota per manufacturer.
    • Previously, Tesla, GM, and Toyota were all over the 200,000 vehicle threshold and thus ineligible for the tax credit.
  2. Preserves the existing up to $7,500 tax credit for new qualified vehicles including electric,…
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NYSERDA Previews Sweeping Updates to Forthcoming Large-Scale Renewables REC Solicitation

On July 7, 2022, the New York State Energy Research and Development Authority (NYSERDA) released two detailed Requests for Information (RFI) that preview sweeping updates to its large-scale renewable energy certificate (REC) purchase and sale programs. The changes reflect both NYSERDA’s efforts to keep up with changes in applicable law and fast-evolving market rules and its continuing endeavor to increase the maturity of projects proposed. Turnaround for responses to the RFIs is fast – NYSERDA seeks replies from stakeholders by July 28 at 3 PM.… More

A Look Ahead: Capacity Contracts under the U.S. Department of Energy’s Transmission Facilitation Program

Among the panoply of clean energy-related programs currently being implemented under the 2021 Infrastructure Investment and Jobs Act (“IIJA”), one in particular – for which a solicitation is set to issue soon – will infuse significant capital into the country’s bulk transmission system. In May 2022, the U.S. Department of Energy (“DOE”) issued a Notice of Intent (“NOI”) regarding the new Transmission Facilitation Program (“TFP”), authorized under the IIJA,… More

Governor Hochul signs bill promoting utility-operated thermal energy networks in New York State

On July 5, 2022, Governor Kathy Hochul signed into law the Utility Thermal Energy Network and Jobs Act (the “Act”), a bill which amends New York State’s Public Service Law to authorize the State’s utilities to own and operate thermal energy networks, and which charges the State’s Public Service Commission (“PSC”) with initiating proceedings to support and regulate thermal energy network deployment.

Until now, New York State utilities interested in developing thermal energy networks have been frustrated by legal and regulatory barriers.… More

FERC issues Notice of Proposed Rulemaking concerning generator interconnection; aims to speed, simplify processes

Electric transmission planning processes have not been able to keep pace with demand for interconnection service, leaving over 1,000 gigawatts (GW) of generation and 400 GW of storage stranded in the nation’s interconnection queues. In response to the backlog, PJM Interconnection LLC—the nation’s largest RTO by load served—recently imposed a two-year pause on new interconnection requests and asked the Federal Energy Regulatory Commission (FERC) to consider reforms to its interconnection process.… More

FERC Approves ISO-New England’s Implementation of Capacity Market Design Changes and MOPR Elimination

On Friday, May 27, 2022, the Federal Energy Regulatory Commission (FERC) issued an order approving ISO-New England’s proposed tariff revisions, which phase out the ISO’s minimum offer price rule (MOPR) by 2024. The tariff revisions institute an interim Transition Mechanism to organize ISO-New England’s 2022 and 2023 capacity auctions, which will together allow 700 megawatts (MW) of state-sponsored renewable resources to participate without application of the MOPR.… More

Biden-Harris Administration Announce New Proposed Rules for National Electric Vehicle Charging Network

On June 9, 2022, the Biden-Harris Administration announced a notice of proposed rulemaking to set minimum standards and requirements for projects funded through the National Electric Vehicle Infrastructure Formula Program (“NEVI”), which was created by the Infrastructure Investment and Jobs Act.  Generally, NEVI will distribute $1 billion per year, for FY 2022-2026, in appropriations to help fund the construction of EV charging stations and related infrastructure. … More

Foley Hoag Hosts Energy Bar Association’s Northeast Chapter Annual Meeting

On Wednesday, June 8, Foley Hoag hosted the Energy Bar Association’s (EBA) Northeast Chapter Annual Meeting at the firm’s Boston offices. The event featured three panels, which explored the changing laws, technologies, and industry dynamics at play in the battery storage sector, Environmental, Social, and Corporate Governance (ESG), and electric transmission planning respectively.

Carol Holahan, partner at Foley Hoag and co-chair of the firm’s energy and climate practice group,… More

The Battle Over California’s Authority to Set Vehicle Emission Standards Continues

EPA, States, and the auto industry are again ratcheting up the battle over California’s authority to set vehicle GHG and Zero Emission Vehicles program.

The Clean Air Act generally prohibits a state from adopting its own motor vehicle emission standards.  However, since its inception, the CAA granted California the authority to request a waiver of preemption from EPA for setting these emission standards.  Specifically:

(1)  The Administrator shall …… More

Celebrating World Ocean Day

The ocean covers 71% of the planet and holds nearly 97% of the Earth’s water, and about 40% of the world’s population lives within 100 kilometers of the coastline. As reported in the Intergovernmental Panel on Climate Change’s (IPCC) Special Report on the Ocean and Cryosphere in a Changing Climate, “[t]he ocean is essential for all aspects of human well-being and livelihood” and ocean warming,… More