Catagory:Public Policy

1
Please Join Us: Renewable Energy Development on Tribal Lands
2
CARBON QUARTERLY – VOLUME 5
3
FERC Enforcement In 2021: A Year Of Change
4
FERC Issues 2021 Enforcement Report
5
U.S. Congress Secures Final Passage of Historic Investment in Infrastructure
6
SB 343: IS RECYCLING LIABILITY ON THE WAY?
7
Commerce Extends Initiation Deadline in Solar Circumvention Inquiries & USTR to Start Targeted China 301 Tariff Exclusion Process
8
CARBON QUARTERLY – VOLUME 4
9
White House Chooses Exclusion of Silica-Based Products Produced Using Forced Labor, Impacting Solar PVs
10
We Have ESG Down to the Letter

Please Join Us: Renewable Energy Development on Tribal Lands

8 February 2022
1:00pm – 4:00pm Pacific Time
via Webinar

We will be hosting a discussion on the state of and potential for renewable energy development on tribal lands in the United States; Renewable Energy Development on Tribal Lands – Hybrid Edition to be held on Tuesday, 8 February 2022.

Our three hour program will be followed by a Q&A and networking session. The program was developed specifically for the development community and service providers that support renewable energy development. Led by members of the American Indian Law, Power, Environment, Land, and Natural Resources, and Public Policy and Law groups. 

The Renewable Energy Development in Indian Country program will consist of four panels (note: 45 min each). Please visit the event page for panel discussion details.

Speakers include: Endre Szalay, Laurie Purpuro, Bart Freedman, Ben Mayer, Ankur Tohan, Elizabeth Crouse, Bill Holmes, and Elias Hinckley

CARBON QUARTERLY – VOLUME 5

By: Ankur K. TohanLaurie B. PurpuroTad J. MacfarlanAlyssa A. MoirCliff L. RothensteinDavid L. WochnerElizabeth C. CrouseNatalie J. ReidMatthew P. ClarkChristina A. EllesSamuel R. Boden

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and energy efficiency at nearly every level of government and business. Changes in carbon—and more broadly greenhouse gas—policies have the potential to broadly impact our lives and livelihoods. Carbon Quarterly offers a rundown of attention-worthy developments.

IN THIS ISSUE:

Carbon Policy

  • Hydrogen Gets a Lift in Federal Infrastructure Act

Carbon Litigation and Regulation

  • Illinois Equitable Climate Bill 
  • California Offshore Wind Ramping Up 

Carbon Business

  • CO2 Shortage in United Kingdom
  • Intergovernmental Panel on Climate Change Releases Sixth Assessment Report, Unequivocally Finding That Human Activity Has Warmed the Atmosphere, Ocean, and Land  
  • Chevron Expanding Green Hydrogen Portfolio 

Carbon Spotlight

  • Clean Fuels for Flying—Honeywell’s Sustainable Aviation Fuels Initiative
  • U.S. Steel’s Best for AllSM Strategy Toward a Sustainable Future

FERC Enforcement In 2021: A Year Of Change

By:  Ruta Skučas, Kimberly Frank, and Maeve Tibbetts

Originally posted on Law360 on January 3, 2022

2021 was a pivotal year for the Federal Energy Regulatory Commission‘s Office of Enforcement. Under the direction of Chairman Richard Glick, the office gained a new director, Janel Burdick, added threats to infrastructure as a new priority, and increased its pace of opening and closing investigations and reaching settlements.

Most significantly, Glick asserted at the presentation of the 2021 enforcement report that “the cop is back on the street,” and that he intends to ensure “vigorous oversight and enforcement” of jurisdictional markets.

Increased Investigations Under Chairman Glick

During the commission’s November 2020 open meeting, when the Office of Enforcement presented its 2020 annual report, then-Commissioner Glick criticized the commission’s enforcement efforts, which he perceived as lacking. In 2020, the commission opened only six new investigations, and reached three settlements totaling $553,376.

FERC Issues 2021 Enforcement Report

By: Ruta K. SkucasDavid L. WochnerDonald A. KaplanMaeve C. Tibbetts, Oretha A. Manu

On 18 November 2021, the Federal Energy Regulatory Commission’s (FERC or Commission) Office of Enforcement (Enforcement) released its 2021 Annual Report on Enforcement (FY2021 Report). The FY2021 Report provides an overview of Enforcement’s priorities. It summarizes actions taken by the three divisions within Enforcement: Division of Investigations (DOI), Division of Audits and Accounting (DAA), and Division of Analytics and Surveillance (DAS).

U.S. Congress Secures Final Passage of Historic Investment in Infrastructure

By: Jordan L. CooperGeorge B. RiccardoBrody GarlandJeff DenhamDavid L. WochnerLaurie B. Purpuro

On 5 November, the U.S. Congress reached the summit of a months-long journey securing passage of legacy legislation and a historic investment in our nation’s infrastructure. By a final vote of 228–206, the House of Representatives adopted H.R.3684 the Infrastructure Investment and Jobs Act of 2021 (IIJA), sending the measure to the President’s desk. The effort culminated an arduous three months of negotiations on the Senate-passed bipartisan package and fortified a significant legislative achievement for the Biden administration.

SB 343: IS RECYCLING LIABILITY ON THE WAY?

U.S. Energy Infrastructure and Resources, Litigation and Dispute Resolution, and Policy and Regulatory Alert

By: Buck B. EndemannCaitlin C. BlancheDavid WangDamon M. Pitt

California’s new recyclability law could create liability associated with labeling and packaging issues. On 9 September 2021, the California Legislature overwhelmingly passed “The Truth in Labeling for Recyclable Materials” bill (SB 343), which prohibits the use of the “chasing arrows” symbol (or any other indication of recyclability) on products or packaging that are not deemed “recyclable” under criteria to be established by the California Department of Resources Recycling and Recovery (CalRecycle).1 Governor Gavin Newsom signed the bill into law on 6 October 2021.

Commerce Extends Initiation Deadline in Solar Circumvention Inquiries & USTR to Start Targeted China 301 Tariff Exclusion Process

By: Stacy J. Ettinger

COMMERCE EXTENDS INITIATION DEADLINE IN SOLAR CIRCUMVENTION INQUIRIES – NEW DEADLINE LATE NOV

On September 29, 2021, Commerce determined to delay a decision on initiation in the solar circumvention inquiries. Commerce instead asked the US solar manufacturers – A-SMACC (the so-called American Solar Manufacturers Against Chinese Circumvention) – for additional information. In particular, Commerce requested additional information related to why the A-SMACC companies have requested anonymity in the circumvention proceeding. Commerce also requested information regarding the A-SMACC companies’ ties to business interests in China or Southeast Asian countries.

Read More

CARBON QUARTERLY – VOLUME 4

By: Ankur K. TohanElizabeth C. CrouseBuck B. EndemannTad J. MacfarlanAlyssa A. MoirLaurie B. PurpuroCliff L. RothensteinMolly K. BarkerMatthew P. ClarkChristina A. EllesNatalie J. Reid

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and energy efficiency at nearly every level of government and business. Changes in carbon—and more broadly greenhouse gas—policies have the potential to broadly impact our lives and livelihoods. Carbon Quarterly offers a rundown of attention-worthy developments.

IN THIS ISSUE:

Carbon Policy

  • Latest on the Energy Infrastructure Act of 2021
  • D.C. Circuit Confirms Sale of Offshore Wind Lease Does Not Trigger NEPA Review
  • U.S. Tax Updates for Carbon 

Carbon Litigation and Regulation

  • Directly Targeting Indirect Sources—The Silver Bullet to Comprehensive Greenhouse Gas Management 

Carbon Business

  • Offshore Wind Projects Take Off Under Biden Administration
  • Exxon CCUS Innovation Zone: Houston Ship Channel  

Carbon Spotlight

  • Leading Harvest—Certifying Carbon Management in Agriculture

White House Chooses Exclusion of Silica-Based Products Produced Using Forced Labor, Impacting Solar PVs

By: Stacy J. Ettinger, Amy L. Groff, William D. Semins, Caitlin C. Blanche, Coleman Wombwell, Elizabeth C. Crouse

Today, the White House announced that Customs and Border Protection (CBP) has issued a withhold release order (the Order) on products manufactured using silica-based products produced by Hoshine Silicon Industry Co., Ltd., and its subsidiaries (“Hoshine”), which are purportedly the world’s largest metallurgical-grade silicon producers. Hoshine has been linked to forced labor in the Xinjiang province of the People’s Republic of China (the PRC). The Order covers silica-based products and materials or goods derived from or produced using those silica-based products. Thus, CBP may use the Order to seize or exclude a variety of products, including solar photovoltaic panels.

We Have ESG Down to the Letter

Our integrated environmental, social, and corporate governance (ESG) approach is designed to help our clients navigate ever-evolving standards and add value to their companies. We’ve structured our broad scope of ESG services within coordinated and collaborative areas of focus, including corporate governance, investing, energy, and agriculture. These global teams span regions and industries to address an array of issues, from legislative, regulatory, and policy matters, to fund launches and environmentally responsible corporate initiatives.

We can evaluate and advise your business from E to S to G.

For more on our ESG practice, please click here.

Copyright © 2024, K&L Gates LLP. All Rights Reserved.