Carbon – Global Power Law & Policy

CARBON QUARTERLY – VOLUME 4

Sep 02 2021

By: Ankur K. Tohan, Elizabeth C. Crouse, Buck B. Endemann, Tad J. Macfarlan, Alyssa A. Moir, Laurie B. Purpuro, Cliff L. Rothenstein, Molly K. Barker, Matthew P. Clark, Christina A. Elles, Natalie 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

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The Service’s CO-Balancing Act: Final Carbon Capture Credit Regulations Target Broad Taxpayer Implementation and Administrability

Jan 08 2021

By: Elizabeth C. Crouse, Aaron C. Meyer, and Mary Burke Baker

Amid the headline-grabbing events of 6 January 2021, the U.S. Department of Treasury released final regulations under Code Section 45Q. Code Section 45Q provides for a U.S. federal income tax credit at varying rates to taxpayers that participate in various aspects of the process of sequestering carbon oxide and disposing of it in secure geologic storage, use it as a tertiary injectant in a qualified enhanced oil or natural gas recovery project, or utilize it in certain processes.

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FERC Announces Conferences on Carbon Pricing and Offshore Wind in RTOs/ISOs

Jun 18 2020

By: William Keyser, David Hattery, Buck Endemann, and Abraham Johns

On June 18, 2020, the Federal Energy Regulatory Commission (“FERC”) announced that it will hold two separate technical conferences later this year. First, FERC will hold a Commissioner-led technical conference on September 30, 2020 to discuss issues related to carbon dioxide emission pricing (i.e., “carbon pricing”) as adopted by states in FERC-jurisdictional wholesale electricity markets (“Carbon Pricing in Organized Wholesale Electricity Markets”). Second, FERC staff will hold a technical conference on October 27, 2020 to discuss whether existing frameworks for transmission, interconnection, and merchant transmission facilities can incorporate the growing offshore wind generation efficiently and effectively (“Offshore Wind Integration in RTOs/ISOs”).

The Energizer – Volume 65

May 08 2020

By: Buck B. Endemann, Daniel S. Cohen, Molly K. Barker, Olivia B. Mora, Abraham F. Johns, Natalie J. Reid, Matthew P. Clark

A biweekly update on blockchain technology applications, distributed energy resources, and other innovative technologies in the energy sector.

There is a lot of buzz around blockchain technology, distributed energy resources (“DERs”), microgrids, and other technological innovations in the energy industry. As these innovations develop, energy markets will undergo substantial changes to which consumer and industry participants alike will need to adapt and leverage. Every other week, K&L Gates’ The Energizer will highlight emerging issues or stories relating to the use of blockchain technology, DERs, and other innovations driving the energy industry forward. To subscribe to The Energizer newsletter, please click here.

IN THIS ISSUE:

Researchers Develop New Technique to Extract Alternative Fuel Source from Biomass
Southern California Edison Announces Historic Energy Storage Procurements
Australian Researchers Achieve Breakthrough in Solar Window Concept
Researchers Develop Self-forming Membrane to Improve Carbon Capture
Several European TSOs Join to Launch a Cross-border, Blockchain-based Energy Platform

To view more information on these topics in Volume 65 of The Energizer, CLICK HERE.

The Energizer – Volume 63

Apr 09 2020

By: Buck B. Endemann, Daniel S. Cohen, Molly K. Barker, Olivia B. Mora, Abraham F. Johns, Natalie J. Reid, Matthew P. Clark

A biweekly update on blockchain technology applications, distributed energy resources, and other innovative technologies in the energy sector.

IN THIS ISSUE:

Researchers Develop Innovative Method to Monitor Battery Health
Uppsala University Scientists Create Organic Proton Battery
Power Ledger and ekWateur Partner to Provide Blockchain-based Renewable Energy Trading Platform
Drax Group’s Carbon Capture and Storage Facility Becomes Fully Operational
Insolar and TRCA Collaborate on Distributed Energy Resources

To view more information on these topics in Volume 63 of The Energizer, CLICK HERE.

Oregon Lawmakers Consider Carbon Pricing Legislation

Mar 30 2017

By Ankur K. Tohan, Alyssa A. Moir, Buck B. Endemann, Christina A. Elles

This is the second installment in the West Coast Carbon Policy Update — Three Part Series, which will examine carbon policies along the West Coast in Washington, Oregon, and California.

On March 28, 2017 President Trump signed an executive order instructing the Environmental Protection Agency to withdraw and rewrite the Clean Power Plan, but lawmakers in Oregon are pushing ahead with statewide efforts to reduce greenhouse gas (“GHG”) emissions. Oregon lawmakers are currently considering several carbon pricing bills — including a cap-and-trade program, a carbon tax, a cap-and-fee program, and a GHG emission rule issued by the state’s environmental agency — that will add a pricing component to the state’s GHG goals.

To read the full alert on K&L Gates HUB, click here.

K&L Gates Environmental Policy Quarterly Covers Clean Power Plan

Nov 02 2015

The latest edition of the K&L Gates Environmental Policy Quarterly focuses on (1) EPA’s Carbon Pollution Standards and Clean Power Plan, (2) congressional efforts to streamline environmental reviews of infrastructure projects, and (3) EPA’s draft Assessment on the Potential Impact of Hydraulic Fracturing on Drinking Water Resources. We are delighted to include contributions by a number of K&L Gates lawyers who focus on these matters on a daily basis.

Read the Environmental Policy Quarterly

Amendments to the Australian Corporations Regulations: carbon abatement contracts not financial products

Mar 17 2015

The Emissions Reduction Fund (ERF) forms a key part of the Australian Federal Government’s Direct Action Plan to address climate change. Under the model, successful bidders in an ERF auction enter into “carbon abatement contracts” with the Clean Energy Regulator. These contracts require the bidder to provide carbon abatement to the Regulator according to an agreed schedule.

Previously, carbon abatement contracts may have been considered “derivatives” and “financial products” for the purposes of the Corporations Act 2001 (Cth) (the Act) and Corporations Regulations 2001 (Cth) (Regulations). This characterisation would have subjected ERF participants to onerous regulatory burdens under the Act and Regulations (such as the requirement to hold an Australian Financial Services Licence).

To ensure that persons are not burdened by these regulatory obligations simply because they regularly enter into contracts with the Clean Energy Regulator, the Corporations Amendment (Emissions Reduction Fund Participants) Regulation 2015 (the Amendments) exempt carbon abatement contracts from the definitions of “derivative” and “financial product”.

The Amendments will commence the day after they are registered on the Australian Federal Register of Legislative Instruments.

Australian Government Announces First Emissions Reduction Fund Auction

Feb 19 2015

The Australian Government recently announced that the first Emissions Reduction Fund auction will occur in April 2015. The Emissions Reduction Fund provides proponents of carbon abatement projects with opportunities to enter into contracts with the Government, via the Clean Energy Regulator, under which the proponent receives payment for undertaking carbon abatement. In the reverse auction process project proponents will submit sealed bids for the Clean Energy Regulator to purchase (in the form of Australian carbon credit units) emissions reductions generated by their projects.

Successful auction bids will be those with the lowest price, and successful proponents will then enter into Australian Carbon Contracts with the Clean Energy Regulator. The first auction will be open from 9.00am (Australian Eastern Standard Time) on 15 April 2015 and close at 5.00pm on 16 April 2015 (Australian Eastern Standard Time). The auction will occur through the online bidding platform Austender.
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Australia’s Emissions Reduction Fund Legislation Receives Royal Assent

Dec 02 2014

On 25 November 2014 the Carbon Farming Initiative Amendment Act 2014, which puts in place the Emissions Reduction Fund (ERF), received Royal Assent and is now law. The ERF is the cornerstone of the Australian Government’s Direct Action Plan climate change policy for the reduction of greenhouse gas emissions. It will provide $2.55 billion in financial incentives over four years for companies to voluntarily reduce emissions. The Government says its Direct Action Plan climate change policy will mean that Australia will meet the 5 percent emissions reduction target by 2020.

Tag:Carbon