On September 22, the Federal Energy Regulatory Commission (Commission or FERC) issued an order on rehearing (Rehearing Order), denying the U.S. Department of the Interior’s (Interior) request to include a requirement for a hydroelectric project to notify resource agencies if any activity may affect a federally listed Endangered Species Act (ESA) species and had not already been considered in the issued license (Notification Recommendation).
Agricultural Law Weekly Review – Week Ending October 14, 2022
Agricultural Law Weekly Review—Week Ending October 14, 2022
Agricultural Finance: Socially Disadvantaged Farmers Allege Breach of Contract for Repeal of American Rescue Plan Act Debt Relief Program
On October 7, 2022, forty-one individuals filed a complaint in the U.S. Court of Federal Claims alleging breach of contract against the U.S. government for Congress’s repeal of
Shale Law Weekly Review – Week of October 17, 2022
Oil and Gas Leasing: Ohio Federal Court Denies Summary Judgment in Overriding Royalty Interests Dispute
On September 22, 2022, the U.S. District Court for the Southern District of Ohio, Eastern Division, denied cross-motions for summary judgment filed by both parties in an overriding royalty interests (ORRI) dispute. Sabre Energy Corp. V. Gulfport Energy Corp., et
Business and Human Rights: Supply Chain Due Diligence – Questionnaire for reporting published by German authority
Companies have long been awaiting some more clarity on their reporting obligations vis à vis the German Supply Chain Due Diligence Act (SCDDA). The BAFA has now shed some light on what is expected of the reporting entities by publishing 38 detailed questions (in addition to some general information on the reporting entity) covering the whole spectrum of due diligence obligations under the SCDDA.
Recent “Anti-ESG” Sentiments Drive US State Policy Development (with a contrasting view from the UK and a note on the Asian perspective)
Interest in ESG investing continues to attract attention globally as policymakers and regulators around the world implement policies and regulations to direct or guide behavior and protect the interests of a wide range of stakeholders. Against this backdrop, we observe a rising challenge to so-called “woke capitalism”, particularly with the recent wave of anti-ESG sentiment
The HKMA and SFC Cross-Agency Steering Group Launches Sustainable Finance Internship Initiative
On October 12, 2022, the Green and Sustainable Finance Cross-Agency Steering Group (the “Steering Group”) co-chaired by the Hong Kong Monetary Authority (“HKMA”) and the Securities and Futures Commission (“SFC”) launched the Sustainable Finance Internship Initiative (the “Initiative”). The Initiative aims to create more internship opportunities in
Understanding What is True and Not True when Closing a Facility in Ohio
In order to try to prevent major environmental issues at abandoned or closed factories, Ohio adopted a program known as the “Cessation of Regulated Operations” (CRO). While this program has been around since 1996, there are misconceptions among businesses and developers as to what it means when a property goes through CRO.
Ohio EPA’s
The ESG Benefit of Giving Employees Paid Time Off to Work at the Polls
Increasing numbers of employees are being encouraged to work at the polls to serve civil society helping repair the world
DOE Announces $7 Billion for Carbon Capture, Transport, and Storage Infrastructure
Three funding opportunity announcements and a finance program provide significant investments to support carbon capture and sequestration.
By Jennifer Roy, Janice Schneider, Joshua Bledsoe, and Brett Frazer
Demand for carbon capture and sequestration (CCS) to meet global and national climate goals is on the rise. The International Energy Agency (IEA) 2020 World Energy Outlook suggests that CCS could contribute approximately 15% of cumulative emissions reductions worldwide by 2070.[1] The Intergovernmental Panel on Climate Change (IPCC) AR6 Working Group III Report further identifies the need for carbon dioxide (CO2) removal technology and to build a carbon management industry to achieve global net zero goals.[2] In view of the growing interest in CCS, and as discussed in this Latham blog post, the Biden Administration has announced ambitious decarbonization goals that prominently feature efforts to deploy CCS in the US.[3]
In September and October 2022, the US Department of Energy (DOE) released three funding opportunity announcements (FOAs) and one new finance program that, cumulatively, will provide an additional $7 billion for CCS infrastructure. Two of the FOAs feature grant funding for front-end engineering design (FEED) studies, and the final FOA and finance program feature a combination of grants and loans. Funding for these programs was appropriated in the Infrastructure Investment and Jobs Act (IIJA), which President Biden signed into law in November 2021. The IIJA delivers approximately $75.8 billion for energy and minerals-related research, demonstration, technology deployment, and incentives, including $12.2 billion administered by DOE and dedicated to CCS technology and infrastructure.
This blog post summarizes the three FOAs and the new finance program.
Protecting Health Care Providers During Pandemic: Gross Negligence Standard Applies for Premises Claims Against Physicians and Health Care Providers
On March 11, 2020, during the height of the COVID-19 global pandemic, Governor John Bel Edwards declared a public health emergency for the State of Louisiana pursuant to the Louisiana Health Emergency Powers Act, La. R.S. 29:760 et seq. This is not the first time the Governor has declared a public health emergency for
