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Expert Analysis

• Inflation Reduction Act Loan Funds Will Aid Energy Innovation

  

  By providing an extra $70 billion to the U.S. Department of Energy's Loan Program Office, the Inflation Reduction Act has the potential to significantly increase financing for innovative energy production and storage projects — and to do so in a fiscally responsible manner, say attorneys at Kilpatrick.

• What 5th Circ. Bankruptcy Ruling Means For FERC Authority

  

  The Fifth Circuit’s recent ruling in Gulfport Energy v. Federal Energy Regulatory Commission begs the question as to whether FERC regulations sufficiently protect pipelines from the effects of customer bankruptcies, and highlights the conflict between the commission and bankruptcy courts, say Keturah Brown and Emily Mallen at Sidley.

• Justices Could Tighten Fraud Statute In Ex-Cuomo Aide Case

  

  The U.S. Supreme Court has an opportunity to overturn the conviction of an aide to former New York Gov. Andrew Cuomo in Percoco v. U.S., thereby restraining federal prosecutors' use of the honest services fraud statute and confining its application to cases of true public corruption, says Scott Coffina at Montgomery McCracken.

• A Look At 2 Frameworks For Decarbonizing Heavy Industry

  

  Comparing common themes in two recent international frameworks for decarbonizing heavy industry reveals recent progress toward lowering emissions and highlights the key role the industrial sector will play in decarbonization efforts, say attorneys at Shearman.

• 'Waters Of US' Meaning May Get 'Major Questions' Scrutiny

  

  After the U.S. Supreme Court's invocation of the so-called major questions doctrine in its recent decision in West Virginia v. U.S. Environmental Protection Agency, the court is primed to use this concept to restrict federal wetlands protections under the ambiguous term "waters of the United States," says Peter Alpert at Ropes & Gray.

• Cos. Should Engage With EPA On PVC Hazard Designation

  

  A pending petition to the U.S. Environmental Protection Agency to classify discarded polyvinyl chloride products as hazardous waste could have wide-ranging and unanticipated effects due to the ubiquity of PVC products — so potentially regulated industries should provide information to the EPA on the economic impact of such a move, say attorneys at Kilpatrick.

• Lessons From FERC New England Capacity Market Settlement

  

  The Federal Energy Regulatory Commission's recent enforcement settlement with Salem Harbor Power Development illustrates the consequences for power market participants if they fail to report accurate information to independent system operators and regional transmission organizations, say attorneys at K&L Gates.

• Fed. Circ. Ruling May Curb Gov't Contract Procedural Suits

  

  The Federal Circuit's recent decision in Zafer Construction v. U.S. contains important takeaways for federal contractors and contracting officials on determining whether a request for equitable adjustment is a timely claim for a final decision, and will hopefully avert costly procedural litigation, say Aron Beezley and Sarah Osborne at Bradley.

• How Justices' EPA Ruling Thwarts The Will Of The People

  

  By reversing a long-standing presumption in favor of executive branch interpretations of ambiguous statutes, the U.S. Supreme Court's recent ruling limiting the U.S. Environmental Protection Agency's powers to fight climate change blocks the will of the popular majority that elects the president, exacerbating our political system's dysfunction, says Jonathan Martel at Arnold & Porter.

• High Court's New EPA Ruling And Its Long-Term Implications

  

  The U.S. Supreme Court's decision in West Virginia v. U.S. Environmental Protection Agency will change the legal landscape in a number of ways — including constraining future climate regulations that may be advanced by the Biden administration and states, while providing litigants a powerful new administrative law precedent to challenge all kinds of agency rules, say attorneys at Beveridge & Diamond.

• Capturing Carbon In California: Opportunities And Challenges

  

  California is well situated to play a leading role in carbon capture and sequestration, but there remain barriers to widespread CCS deployment — including policy and regulatory hurdles, and the concerns of potentially affected communities, say Brian Israel and Samuel Pickerill at Arnold & Porter.

• EPA Ruling Signals Arrival Of 'Major Questions Doctrine'

  

  While the specific subject of the U.S. Supreme Court's decision in West Virginia v. U.S. Environmental Protection Agency was how the EPA may regulate greenhouse gas emissions under the Clean Air Act, the ruling's lasting legacy will be the elevation of the so-called major questions doctrine, which could constrain federal regulatory authority in many areas, says Allison Wood at McGuireWoods.

• New P3 Authority Means Opportunities For Colo. Agencies

  

  A recently passed Colorado law expanding public-private partnerships changes state-level project finance and infrastructure dramatically, allowing virtually all state agencies to avail themselves of P3 benefits including cost and schedule savings, sharing of risk, and access to innovation and private sector efficiency, say Gregory Johnson and Peter Gould at Squire Patton.