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Energy Sector Proposed Rules

Dorsey & Whitney LLP

Energy Law: Month in Review - September 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Foley Hoag LLP - Energy & Climate Counsel

FERC Issues Proposed Rules to Enhance Grid Cybersecurity Reliability Standards

Cyberattacks on U.S. energy infrastructure have been on the rise in 2024. According to the 2024 Thales Data Threat Report, 42% of critical infrastructure companies, including those in the energy sector, suffered data breaches...more

Smith Gambrell Russell

FERC Proposes Prohibiting Reactive Power Compensation

On March 21, 2024, the Federal Energy Regulatory Commission (FERC) proposed rulemaking that will change the way in which generators receive compensation. Specifically, FERC proposed to prohibit compensation for reactive power...more

Akin Gump Strauss Hauer & Feld LLP

FERC Proposes to Eliminate Reactive Power Compensation for Generation Resources

On March 21, 2024, the Federal Energy Regulatory Commission (FERC or the Commission) issued its Compensation for Reactive Power Within the Standard Power Factor Range Notice of Proposed Rulemaking, which proposes to prohibit...more

Locke Lord LLP

FERC Proposes Rule to Discontinue Reactive Compensation to Generation

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On March 21, 2024, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing to discontinue compensation for the reactive service that electric generation provides “within the...more

Snell & Wilmer

EPA Announces Removal of Existing Natural Gas Plants from Proposed Carbon Rule

Snell & Wilmer on

On February 29, 2024, the US Environmental Protection Agency (EPA) announced a significant delay in the implementation of its proposed carbon rule for existing natural gas power plants. This decision has drawn criticism from...more

Vinson & Elkins LLP

[CLE Hybrid Event] Making Sense of Methane for the Oil and Gas Sector: EPA’s New Methane Tax, Operating Regulations, and GHG...

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The Environmental Protection Agency (EPA) has released proposed and final rules that will regulate methane emissions from oil and gas operations, implement a methane emissions tax, and change greenhouse gas reporting...more

Sheppard Mullin Richter & Hampton LLP

Should You Be Concerned About Foreign Entities of Concern?

Grants and tax credits, who doesn’t love them? The Bipartisan Infrastructure Law (BIL) is full of them, and, recent Department of Energy (DOE) Notification of a Proposed Interpretive Rule provides guidance on who will get to...more

Faegre Drinker Biddle & Reath LLP

Long-Awaited EV Guidance Proposes New Restrictions on Foreign Entities of Concern and Further Clarifications

DOE Proposed Guidance - On December 1, the Biden administration’s Department of Energy released its latest proposed guidance related to the electric vehicle incentive expanded through the Inflation Reduction Act. DOE’s...more

Perkins Coie

DOE Proposes Rule for More Efficient Environmental Review of Clean Energy Projects

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The U.S. Department of Energy (DOE) proposed to amend its National Environmental Policy Act (NEPA) procedures on November 16, 2023, to include a new categorical exclusion for certain energy storage systems and to expand its...more

Morgan Lewis - Up & Atom

NRC Issues Proposed Rule Language for Fusion Systems

Morgan Lewis - Up & Atom on

Over the course of 2023, the US Nuclear Regulatory Commission (NRC) has started to develop a regulatory framework for fusion energy systems. Significantly, and as we previously reported, NRC decided to modify the existing...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mercury/Air Toxics Standards NESHAP for Coal and Oil-Fired Electric Utility Steam Generating Units: National Rural Electric...

The National Rural Electric Cooperative Association (“NRECA”) submitted June 23rd comments to the United States Environmental Protection Agency (“EPA”) in its docket addressing Proposed National Emission Standards for...more

Opportune LLP

A Cost Benefit Analysis of Increased OCS Bonding

Opportune LLP on

The Opportune 2023 Study has been conducted to independently calculate the OCS plugging and abandonment (P&A) liability, assess the risk such liability poses to the U.S. taxpayer, and perform a cost-benefit analysis of how...more

Bracewell LLP

Treasury Department and IRS Issue Additional Guidance on the New Low-Income Communities Bonus Credit Program

Bracewell LLP on

The low-income communities bonus credit (the LIC Bonus), which was introduced by the Inflation Reduction Act of 2022 (the IRA), provides an enhanced tax credit for certain wind and solar facilities located in designated...more

Wilson Sonsini Goodrich & Rosati

Treasury and IRS Release Proposed Rules Regarding Direct Payment and Transferability of Certain Energy Tax Credits

On June 14, 2023, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) released two notices of proposed rulemaking regarding the direct payment of certain energy tax credits under Section 6417 of...more

Beveridge & Diamond PC

BLM Proposes Rule to Further Promote Solar and Wind Development on Federal Lands

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The Bureau of Land Management (BLM) published a Proposed Rule on June 16, 2023, that would, if adopted, amend its existing right-of-way regulations to promote solar and wind energy development on public lands administered by...more

Perkins Coie

EPA’s Ambitious Proposed GHG Emissions Standards May Face Challenges

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The U.S. Environmental Protection Agency (EPA or Agency) issued a proposed rule (Proposed Rule) on May 11, 2023, that would adopt new greenhouse gas (GHG) emissions standards for certain coal and natural gas-fired power...more

Holland & Knight LLP

Answers to 4 Major Questions: EPA Proposes Power Plant GHG Rule After West Virginia v. EPA

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The U.S. Environmental Protection Agency (EPA or Agency) on May 23, 2023, published a new suite of proposed standards for coal- and gas-fired power plants that will limit greenhouse gas (GHG) emissions. The proposed rule...more

Holland & Hart LLP

GHG Standards for the Power Sector: Is Third Time the Charm or Is It Déjà Vu?

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In the third attempt in less than 10 years, the Environmental Protection Agency issued a proposed rule package (“Proposal”) that would apply strict greenhouse gas emissions standards to the fossil fuel-fired power sector. The...more

Jones Day

EPA Proposes New Carbon Pollution Standards for Fossil Fuel-Fired Power Plants

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The Environmental Protection Agency ("EPA") is proposing stringent carbon dioxide emissions standards for coal- and gas-fired power plants....more

Foley Hoag LLP - Environmental Law

EPA Proposes New Power Plant Rule That Promises Major Greenhouse Gas Emissions Reductions in the Coming Years

After weeks of hints and leaks, yesterday morning (May 11, 2023), EPA proposed a new rule regulating emissions from power plants. The proposed rule would apply to new and existing gas plants and existing coal plants—new coal...more

Foley & Lardner LLP

Energy Industry and Wage and Hour Compliance Issues

Foley & Lardner LLP on

On February 22, 2023, the United States Supreme Court issued a ruling, in Helix Energy Sols. Grp., Inc. v. Hewitt, No. 21-984, that despite earning in excess of $200,000 annually, an oilfield rig worker was improperly paid...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — February 2023

Regulatory Developments - During the past several weeks, there have been a couple of notable developments in connection with the SEC’s proposed climate disclosures rule, “The Enhancement and Standardization of...more

King & Spalding

The Gathering Storm Over Gas Stoves

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Not a day seems to go by in recent weeks without multiple articles and media hits on controversies over gas stoves. Across the U.S., opponents of gas stoves have implemented a coordinated effort by government regulators,...more

Skadden, Arps, Slate, Meagher & Flom LLP

FERC Would Have Wide Discretion Under an Expanded Duty of Candor

The Federal Energy Regulatory Commission (FERC or the Commission) is exploring whether to impose a new far-reaching duty of candor requirement. The proposed rule would prohibit the submission of inaccurate information to FERC...more

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