Energy & Cleantech Counsel

In a departure from past jurisprudence, a recent DC Circuit decision questioned whether the White House Council on Environmental Quality (CEQ) had the legal authority to issue key regulations under the National Environmental Policy Act (NEPA). The decision, which evaluated federal planning related to tourist flights over national parks, interpreted CEQ’s NEPA regulations, which prescribe how federal agencies must comply with NEPA and have set the standards for federal agencies’ consideration of the environmental impacts of major federal actions for decades. The decision could impact how many agencies conduct and interpret environmental assessments in areas including biotechnology and agriculture.

With terms like “net zero” and “carbon positive” proliferating in marketing jargon across industries, the US Department of Energy (DOE) has recently stepped in to clarify what constitutes a “zero emissions” building.

Policy debates normally focus on substance. Is climate change real? How can business entities weigh environmental, social, and governance (ESG) factors into their decision-making?

Beyond being no fun, handwashing dishes wastes water. And according to a colonel from the Montana Highway Patrol, dishwashers that complete a normal cycle in one hour or less “are desirable in the bunkhouse setting.”

Nuclear power has long been a core component of the Illinois energy sector. A new law seeks to enable nuclear power to play an increased role in the energy transition by allowing construction of new “small modular reactors” in the state.

Renewable energy developers have one final opportunity to comment on changes to the rules that govern the procurement of renewable energy credits in Illinois.

Generative artificial intelligence (AI) is transforming the way we live and work. At its core, AI is the ability of machines to think and learn without encoded commands, mimicking our own cognition.

Energy Podcast

Already among the most widely used battery chemistry, lithium-Ion (Li-Ion) batteries are experiencing a rapid increase in use and demand.

The Ninth Circuit recently weighed in on whether localities’ natural-gas infrastructure bans are preempted by federal laws including the Energy Policy and Conservation Act (EPCA).

Five Questions, Five Answers

A new set of environmental policies embraced by the Biden Administration ― environmental justice (EJ) ― may soon spur litigation in the environmental, social, and governance (ESG) space.

On Friday, January 27, 2023, Illinois Governor JB Pritzker signed a new law, Public Act 102-1123, which refines county governments’ ability to regulate new commercial wind and solar energy facilities. Specifically, PA 102-1123 prohibits counties from banning or establishing moratoriums on wind.

As Illinois’ implementation of the Energy Transition Act, PA 102-0662 — commonly referred to as the Climate and Equitable Jobs Act (CEJA) — continues, the Illinois Commerce Commission (ICC) is developing a Renewable Energy Access Plan to help achieve the law’s renewable electricity goals.

On December 15, the White House added a new Guidebook to the Inflation Reduction Act to its clean energy webpage.

On November 29, 2022, the Internal Revenue Service (IRS) and the Treasury issued a Notice of Initial Guidance (the Notice), which provides the first round of guidance with respect to the prevailing wage requirements and apprenticeship requirements introduced in the Inflation Reduction Act (the IRA).

A new federal program that will provide up to $8 billion to the clean hydrogen industry reached its first milestone last week, with at least a dozen groups applying to be selected as “regional clean hydrogen hubs.”

A new federal proposal may reduce the burden and costs for wind energy projects and power lines to ensure compliance with federal wildlife protections.

Passed in August of this year, the Inflation Reduction Act (IRA) was heralded by many as a landmark piece of climate legislation in the United States. The IRA’s tax credits for electric vehicles were among its most anticipated benefits. The direct benefits appear to be slow in emerging.

Following the enactment of the Inflation Reduction Act (IRA) on August 16, the US Treasury Department (Treasury) and the Internal Revenue Service (IRS) recently issued six notices.

Five Questions, Five Answers

As part of the Illinois Commerce Commission’s (ICC) ongoing effort to draft a Renewable Energy Access Plan, ICC staff is considering methods to encourage transmission development across the state. The draft Plan may influence ICC transmission policy, including Illinois’ participation.

It’s been one year since Illinois passed a sweeping energy bill – the Energy Transition Act, PA 102-0662 – commonly referred to as the Climate and Equitable Jobs Act (CEJA). The law targets 50% renewable electricity procurement by 2040 and 100% carbon-free electricity by 2050.

Sarah Fitts will moderate at the Young Professionals in Energy NYC live panel discussion on September 22, 2022.

Projects that produce or recycle wind turbine blades, manufacture energy storage equipment, or refine or blend renewable or low-carbon fuels may qualify for up to a 30 percent tax credit under the Inflation Reduction Act (IRA). The IRA provides some significant wins for US manufacturers.