Global Power Law & Policy

Legal and Policy Developments Affecting the Global Power Industry.

 

1
Five Agencies Issue Ambitious Renewable Energy Goals for Federal Lands: 25GW by 2025
2
Sustainable Outlook: Environmental and Social Responsibility with Acorn International: Part II
3
FERC Enforcement In 2021: A Year Of Change
4
Sustainable Outlook: Environmental and Social Responsibility with Acorn International: Part I
5
FERC Issues 2021 Enforcement Report
6
Sustainable Outlook: Transparency, Unity, and Community with Elizabeth Jones, Founder of The Equality Equation
7
U.S. Congress Secures Final Passage of Historic Investment in Infrastructure
8
The Energizer – Volume 99
9
Sustainable Outlook: 100% Renewable Energy, 100% For Humanity With Sandra Kwak, Founder of 10Power
10
SB 343: IS RECYCLING LIABILITY ON THE WAY?

Five Agencies Issue Ambitious Renewable Energy Goals for Federal Lands: 25GW by 2025

By: Elizabeth C. Crouse and David Wang

Five federal agencies (the Departments of Agriculture (USDA), Defense (DoD), Energy (DOE), and Interior (DOI), and the Environmental Protection Agency (EPA)) have announced in a Memorandum of Understanding (MOU) that they will “prioritize and expedite” the development of at least 25GW of renewable energy on federal lands administered by DOI and USDA by 2025. The MOU contemplates continued cooperation in respect of renewable energy development on additional federal lands between 2025 and 2030. This initiative, which is pursuant to directives set forth by the Energy Act of 2020, aims to improve interagency cooperation for the expedited processing of wind, solar, and geothermal energy applications. This includes the development of supporting activities, such as electric transmission, access routes, energy storage, and land use planning. The Bureau of Land Management (BLM) and U.S. Forest Service (USFS), in coordination with the National and BLM Renewable Energy Coordination Offices (RECOs), will be the lead agencies overseeing the interagency coordination and expedited reviews for the respective lands they administer.

In addition to increasing coordination of environmental and other agency reviews, the five agencies aim to improve interagency collaboration in the National and BLM RECOs, identify opportunities for coordination with state and Tribal governments, and streamline the project approval process by eliminating redundancies and accelerating decision-making. The MOU notes that, in the course of conducting the reviews, consideration will be given to “the protection for cultural resources and sacred sites as well as the Nation’s land, water, and biodiversity, and fostering creation of jobs to support local communities.” The federal government’s ambitious prioritization of the development of renewable energy generation facilities and key ancillary activities such as transmission presents tremendous opportunities for developers and investors. Moreover, the focus on DOI lands indicates strong support for Tribes and echoes the Biden administration’s support for economic development and energy justice. However, working with the federal government can be complicated, even during an administration that clearly means business when it comes to climate change and the energy transition. Our Public Policy, Government Contracting, Indian Law, and Power teams stand by to help you navigate the challenges and seize the opportunities.

To learn more about K&L Gates’ Public Policy, Government Contracting, American Indian Law, and Power practice areas, please visit our website.

Sustainable Outlook: Environmental and Social Responsibility with Acorn International: Part II

By: Elizabeth C. Crouse

In this part two of this series with Acorn International, host Elizabeth Crouse continues her discussion with Grace Russell, a biologist and environmental consultant with a focus on marine policy for Acorn International. They discuss why environmental justice is a concern for the energy industry on the U.S.’s Gulf Coast, and the role that Acorn International plays in managing social and environmental impact for their clients.

FERC Enforcement In 2021: A Year Of Change

By:  Ruta Skučas, Kimberly Frank, and Maeve Tibbetts

Originally posted on Law360 on January 3, 2022

2021 was a pivotal year for the Federal Energy Regulatory Commission‘s Office of Enforcement. Under the direction of Chairman Richard Glick, the office gained a new director, Janel Burdick, added threats to infrastructure as a new priority, and increased its pace of opening and closing investigations and reaching settlements.

Most significantly, Glick asserted at the presentation of the 2021 enforcement report that “the cop is back on the street,” and that he intends to ensure “vigorous oversight and enforcement” of jurisdictional markets.

Increased Investigations Under Chairman Glick

During the commission’s November 2020 open meeting, when the Office of Enforcement presented its 2020 annual report, then-Commissioner Glick criticized the commission’s enforcement efforts, which he perceived as lacking. In 2020, the commission opened only six new investigations, and reached three settlements totaling $553,376.

Sustainable Outlook: Environmental and Social Responsibility with Acorn International: Part I

By: Elizabeth C. Crouse

In this two-part series of Sustainable Outlook, host Elizabeth Crouse talks environmental and social responsibility with Acorn International, a full-service consulting company to global businesses. For the first episode, Clarita Montant, a social consultant with Acorn International, discusses human rights in the energy industry and how the supply chain shortage in the times of COVID-19 impacts workers. 

FERC Issues 2021 Enforcement Report

By: Ruta K. SkucasDavid L. WochnerDonald A. KaplanMaeve C. Tibbetts, Oretha A. Manu

On 18 November 2021, the Federal Energy Regulatory Commission’s (FERC or Commission) Office of Enforcement (Enforcement) released its 2021 Annual Report on Enforcement (FY2021 Report). The FY2021 Report provides an overview of Enforcement’s priorities. It summarizes actions taken by the three divisions within Enforcement: Division of Investigations (DOI), Division of Audits and Accounting (DAA), and Division of Analytics and Surveillance (DAS).

Sustainable Outlook: Transparency, Unity, and Community with Elizabeth Jones, Founder of The Equality Equation

By: Elizabeth C. Crouse

On this episode of Sustainable Outlook, Elizabeth Crouse of K&L Gates speaks with Elizabeth Jones on The Equality Equation’s mission to facilitate economic equality by developing impoverished communities into flourishing neighborhoods. Their two-fold process begins by working with non-profits and investors to build new facilities and develop them into viable economic sources, then by empowering the community through workforce development opportunities.

U.S. Congress Secures Final Passage of Historic Investment in Infrastructure

By: Jordan L. CooperGeorge B. RiccardoBrody GarlandJeff DenhamDavid L. WochnerLaurie B. Purpuro

On 5 November, the U.S. Congress reached the summit of a months-long journey securing passage of legacy legislation and a historic investment in our nation’s infrastructure. By a final vote of 228–206, the House of Representatives adopted H.R.3684 the Infrastructure Investment and Jobs Act of 2021 (IIJA), sending the measure to the President’s desk. The effort culminated an arduous three months of negotiations on the Senate-passed bipartisan package and fortified a significant legislative achievement for the Biden administration.

The Energizer – Volume 99

By: Buck B. EndemannDaniel S. CohenMolly K. BarkerNatalie J. ReidMatthew P. ClarkNathan C. HoweMaeve C. TibbettsOretha A. Manu

There is a lot of buzz around clean technology, distributed energy resources (DERs), microgrids, and other technological innovations in renewable energy and clean transport industries, and how these developments can contribute to solving longstanding environmental justice issues. As these innovations develop, energy markets will undergo substantial changes to which consumers and industry participants alike will need to adapt and leverage. Every other week, K&L Gates’ The Energizer will highlight emerging issues or stories relating to the use of DERs, energy storage, emerging technologies, hydrogen, and other innovations driving the energy industry forward.

IN THIS ISSUE: 

  • Battery Company ESS Starts Trading on the New York Stock Exchange
  • ERCOT Market Reform Continues After Winter Weather Event
  • U.S. Department of Energy Investment Targets Efficient Biofuel Production
  • GE Achieves 14 MW Milestone for Haliade-X Offshore Wind Turbine
  • Eastern Interconnection Planning Collaborative Release White Paper on Interconnection of Renewables

Sustainable Outlook: 100% Renewable Energy, 100% For Humanity With Sandra Kwak, Founder of 10Power

Date: 29 October 2021

By: Elizabeth C. Crouse

On the latest episode of Sustainable Outlook, host Elizabeth Crouse sits down with Sandra Kwak, founder of 10Power, to discuss the social mission behind 10Power’s renewable energy projects in developing nations and the importance of reinvesting their revenue to empower local communities through education and technology.

SB 343: IS RECYCLING LIABILITY ON THE WAY?

U.S. Energy Infrastructure and Resources, Litigation and Dispute Resolution, and Policy and Regulatory Alert

By: Buck B. EndemannCaitlin C. BlancheDavid WangDamon M. Pitt

California’s new recyclability law could create liability associated with labeling and packaging issues. On 9 September 2021, the California Legislature overwhelmingly passed “The Truth in Labeling for Recyclable Materials” bill (SB 343), which prohibits the use of the “chasing arrows” symbol (or any other indication of recyclability) on products or packaging that are not deemed “recyclable” under criteria to be established by the California Department of Resources Recycling and Recovery (CalRecycle).1 Governor Gavin Newsom signed the bill into law on 6 October 2021.

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