In March this year, the European Commission adopted the Delegated Act on a common rating scheme for data centers (“Delegated Act”) in the European Union (“EU”). The Delegated Act implements the Energy Efficiency Directive (“EED”) and details the energy key performance indicators (“KPI”) that data center operators must report to the European database on data
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As Interest Grows, FERC Announces Technical Conference Regarding Co-Locating Data Centers
On August 2, the Federal Energy Regulatory Commission (FERC or Commission) issued a notice of a Commissioner-led technical conference this fall to discuss issues related to co-locating large loads, such as data centers, at generating facilities. A supplemental notice will be issued with the date and time of the technical conference, as well as further…
When Is the Greenhouse Gas Emissions Rate Not Greater Than Zero? Proposed Regulations on the Tech-Neutral Credits Provide Clarification
On May 29, 2024, the Department of the Treasury (Treasury) and the IRS released proposed rules for the section 45Y clean electricity production tax credit (“Section 45Y Credit”) and the section 48E clean electricity investment tax credit (“Section 48E Credit”). These credits are informally referred to as tech-neutral credits because they do not specify particular…
Engaging in Voluntary Carbon Markets: Overview of Key Developments, Risks, and Opportunities
On May 28, the Biden-Harris Administration issued the Voluntary Carbon Markets Joint Policy Statement and Principles (Policy Statement). You can find Covington’s analysis of the Policy Statement here. Jointly announced by the U.S. Secretaries of Treasury, Agriculture, and Energy, and senior White House climate officials, the Policy Statement describes a three-pronged approach to responsible…
The EU Adopts Right to Repair Directive
The European Union has just adopted the Right to Repair Directive (“R2RD”). Once it enters into force, the R2RD will require manufacturers of many types of consumer goods to provide repairs beyond the liability period, among other requirements. This blog post follows up on our previous blog post that discussed the different positions of…
FERC Issues Order No. 1920 To Accelerate Regional Transmission Planning
On May 13, the Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 1920, the Commission’s long-awaited final rule regarding regional electric transmission planning and cost allocation for future transmission projects on the nation’s interstate electric grid. Order No. 1920 revises key aspects of the Commission’s current regional transmission planning and cost allocation…
Biden Administration Publishes Voluntary Carbon Markets Joint Policy Statement and Principles
On May 28, the U.S. Secretaries of Treasury, Agriculture, and Energy, along with senior White House climate officials, issued the Voluntary Carbon Markets Joint Policy Statement and Principles (Policy Statement). The Policy Statement provides observations regarding the current state of voluntary carbon markets, followed by a set of guiding principles for responsible market participation. A…
Further Clarity to the Electric Vehicle Industry and Consumers Is Here, But It Is Not Done
An additional piece of the section 30D puzzle arrived last Friday when the Department of the Treasury (Treasury) and Department of Energy (DOE) released final rules (Treasury Rule and DOE Rule). Largely tracking the proposed regulations, which we described in our prior blog posts (here and here), but with notable changes,…
CEQ Final NEPA Regulations and Department of Energy Actions Aim to Responsibly Accelerate Clean Energy, Transmission, and Other Infrastructure Development
By Jayni Hein
On May 1, 2024, the White House Council on Environmental Quality (“CEQ”) published its final “Phase 2” National Environmental Policy Act (“NEPA”) regulations, formally called the Bipartisan Permitting Reform Implementation Rule (“Final Rule”). Publication of the Final Rule completes a multi-year effort by the Biden Administration that included publication of final, narrower “Phase…
A Week of Climate Action: Spotlight on the Biden-Harris Administration’s Earth Week Regulatory and Grant-Funding Actions
First observed on April 22, 1970, Earth Day has long been recognized as a watershed moment for the modern environmental movement. On that day, over 20 million demonstrators nationwide marched to raise awareness of the need to protect and preserve the environment. The energy generated from that day galvanized the country to action, leading to…