GHG Emissions: U.S. Treasury Provides New Guidance on Sustainable Aviation Fuel Credits
On December 13, 2023, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) published Notice 2024-6, which contains additional guidance on how to qualify for sustainable aviation fuel (SAF) tax credits defined under Section 40B of the Internal Revenue Code.
Louisiana Department of Natural Resources to Assume Primacy for Issuance of Permits for Carbon Capture and Sequestration in Louisiana
On December 28, 2023, the United States Environmental Protection Agency (“EPA”) signed a final rule delegating primacy over the issuance and enforcement of permits for Class VI Underground Injection Control (“UIC”) wells under the Safe Drinking Water Act to the Louisiana Department of Natural Resources (“LDNR”).[1] This decision came after a lengthy review process
Lauren A. Liss Named 2023 Massachusetts ‘Go To’ Lawyer for Environmental and Energy Law
Lauren A. Liss, senior counsel in the Environmental, Energy, and Real Estate practices in global law firm Greenberg Traurig, LLP’s Boston office, was named a 2023 “Go To” Lawyer for Environmental and Energy Law by Massachusetts Lawyers Weekly. Liss and her fellow honorees are featured in the publication’s Dec. 25
EPA Revises HFC Rule for Refrigeration and Air Conditioning Products
On December 26, 2023, the U.S. Environmental Protection Agency (EPA) published an Interim final rule updating its October final rule restricting the use of some hydrofluorocarbons (HFCs), a key substance used in refrigeration and cooling technologies in residential, commercial, transportation, and industrial settings. The Interim final rule to EPA’s Phasedown of Hydrofluorocarbons: Restrictions on the Use of Certain Hydrofluorocarbons Under the American Innovation and Manufacturing Act of 2020 gives the regulated community a new 45-day notice and comment period to provide input on EPA’s proposed adjustments to the final rule, which restricts the use of HFCs in aerosols, foams, refrigeration, air conditioning, and heat pump equipment.
Measuring and Reporting Greenhouse Gas Emissions will be “the” Environmental Issue of 2024
The world’s most valuable resource is no longer oil, but data, including greenhouse gas emission data
Post-Sackett, Who Will Speak for the Clean Water Act?
Earlier this month, in Lewis v. United States the 5th Circuit issued a decision interpreting the Supreme Court’s decision in Sackett v. EPA. The 5th Circuit decision is a model of clarity and demonstrates what I’ll call the good side of Sackett. And clarity is definitely the right word here. One might say
Upcoming Sustainability Reporting Requirements for Data Centers in the EU
The European Commission is currently holding a public consultation on a Draft Delegated Act (“DDA”) on a common rating scheme on the energy performance of data centers in the European Union and European Economic Area (“EU/EEA”). The DDA will lay out the energy key performance indicators that operators and owners of data centers must report, the sustainability indicators that will be calculated per data center, and the aggregated data that will be made publicly available, in accordance with the new EU Energy Efficiency Directive (“EED”).
The adoption of the DDA will introduce specific mandatory environmental and energy performance reporting requirements for data centers for the first time in the EU/EEA, and probably in the world. These reporting requirements may be the first step for the EU to adopt mandatory environmental performance targets for data centers within the next decade.
Shale Law Weekly Review—Week of December 25, 2023
State Regulation: Massachusetts Orders Gas Companies to Consider Non-gas Pipeline Alternatives
On December 6, 2023, the Massachusetts Department of Public Utilities (DPU) issued Order 20-80 which, according to the DPU, will guide local gas distribution companies (LDCs) in the Commonwealth’s efforts to reach net zero GHG emissions by 2050. The Order emphasizes the use of
Sixth Circuit Rejects Nationwide PFAS Class
This article was originally published by ACOEL on December 12.
“Seldom is so ambitious a case filed on so slight a basis.” Those are words a plaintiff’s lawyer would hate to hear, but that is exactly how the Sixth Circuit Court of Appeals began its opinion rejecting an Ohio firefighter’s attempt to certify a
New Bills Advance California’s Offshore Wind Strategy
With the recent Gulf Auction falling short of expectations and projects on the East Coast faltering, many have adopted a bearish stance on the U.S. offshore wind sector. However, California recently passed two new bills to support the state’s burgeoning offshore wind industry: the Offshore Wind Advancement Act (AB 3) and the California Offshore Wind Expediting Act (SB 286). These bills, which take effect January 1, 2024, have the potential to significantly impact offshore wind development in California.