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,
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CEQ Final NEPA Regulations and Department of Energy Actions Aim to Responsibly Accelerate Clean Energy, Transmission, and Other Infrastructure Development
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…
EPA Finalizes Rule Listing PFOA and PFOS as CERCLA Hazardous Substances
On April 17, 2024, the EPA released a final rule designating two perfluorinated chemicals—Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS)—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). EPA also released enforcement guidance explaining how it intends to apply the new listing with respect to certain types of potentially responsible parties.…
SBTi Board Announces Role for Carbon Credits in Scope 3 Emissions Abatement; Staff Clarifies Review Remains On-going
On April 9, the Board of Trustees of the Science Based Targets initiative (SBTi), a climate action organization that has validated corporate decarbonization targets for more than 4,200 companies to-date, issued a statement announcing that environmental attribute certificates (EACs), including carbon credits generated by voluntary carbon projects, may be used to abate Scope 3 greenhouse…
DOE Announces $100 Million in Funding to Accelerate Carbon Removal
On February 12, the U.S. Department of Energy (DOE)’s Office of Fossil Energy and Carbon Management (FECM) announced that it will award up to $100 million to support U.S. pilot projects and testing facilities demonstrating and scaling carbon dioxide removal (CDR) technologies. The funding will support projects and facilities that remove carbon dioxide (CO2) directly…
California Publishes Preliminary Report on Recyclability of Materials Under SB 343
California’s Department of Resources Recycling and Recovery (CalRecycle) recently released a preliminary report analyzing data related to the recyclability of certain materials in California. The report, issued in accordance with CalRecycle’s obligations under California Senate Bill 343 (SB 343), is intended to help the public determine whether businesses may legally claim their products and packaging…
The Right To Repair Gains Momentum In The EU
The European Parliament and Council are in negotiations to finalize the adoption of a proposal for a new Directive on the Right to Repair. The proposed Directive aims to meet the product sustainability and circularity objectives by improving product durability, reusability, upgradeability, and repairability as outlined in the European Commission’s Circular Economy Action Plan 2020…
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,…
COP28 Final Negotiations Recap: A Global Agreement to Transition Away from Fossil Fuels
What You Need to Know.
- After two days of intense negotiations, world leaders adopted a draft decision that sets out international climate priorities in response to the findings of the first Global Stocktake under the Paris Agreement. The decision covers several thematic areas, including mitigation of greenhouse gas emissions, adaptation and resilience in the face
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