Archive:January 2022

Energy Storage Handbook 2022
Please Join Us: Renewable Energy Development on Tribal Lands
Five Agencies Issue Ambitious Renewable Energy Goals for Federal Lands: 25GW by 2025
Sustainable Outlook: Environmental and Social Responsibility with Acorn International: Part II
FERC Enforcement In 2021: A Year Of Change

Energy Storage Handbook 2022

By: Buck B. EndemannMatthew P. ClarkElizabeth C. CrouseKimberly B. FrankElias B. HinckleyWilliam H. HolmesNathan C. HoweJennifer L. MersingMichael L. O’NeillCharles H. PurcellShab PuriNatalie J. ReidJohn C. RothermichJonathan G. ShallowRuta K. SkucasElizabeth ThomasMaeve C. Tibbetts

The K&L Gates Power practice is pleased to present the latest edition of the Energy Storage Handbook.

This handbook is an annually updated primer on what energy storage is, how it is regulated by U.S. federal and state governments, and what sorts of issues are encountered when such projects are financed and developed.

We will continue to update this handbook periodically as additional states and stakeholders continue to address the implementation of energy storage resources in the marketplace.

We hope you find it useful and welcome your feedback.

NEW IN 2022
  • Reorganized FERC and ISO/RTO sections
  • Battery Reuse and Recycling
  • Avoiding disputes in battery supply agreements

To view the latest edition of the Energy Storage Handbook, please click here.

Please Join Us: Renewable Energy Development on Tribal Lands

8 February 2022
1:00pm – 4:00pm Pacific Time
via Webinar

We will be hosting a discussion on the state of and potential for renewable energy development on tribal lands in the United States; Renewable Energy Development on Tribal Lands – Hybrid Edition to be held on Tuesday, 8 February 2022.

Our three hour program will be followed by a Q&A and networking session. The program was developed specifically for the development community and service providers that support renewable energy development. Led by members of the American Indian Law, Power, Environment, Land, and Natural Resources, and Public Policy and Law groups. 

The Renewable Energy Development in Indian Country program will consist of four panels (note: 45 min each). Please visit the event page for panel discussion details.

Speakers include: Endre Szalay, Laurie Purpuro, Bart Freedman, Ben Mayer, Ankur Tohan, Elizabeth Crouse, Bill Holmes, and Elias Hinckley

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.


By: Ankur K. TohanLaurie B. PurpuroTad J. MacfarlanAlyssa A. MoirCliff L. RothensteinDavid L. WochnerElizabeth C. CrouseNatalie J. ReidMatthew P. ClarkChristina A. EllesSamuel R. Boden

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning, and energy efficiency at nearly every level of government and business. Changes in carbon—and more broadly greenhouse gas—policies have the potential to broadly impact our lives and livelihoods. Carbon Quarterly offers a rundown of attention-worthy developments.


Carbon Policy

  • Hydrogen Gets a Lift in Federal Infrastructure Act

Carbon Litigation and Regulation

  • Illinois Equitable Climate Bill 
  • California Offshore Wind Ramping Up 

Carbon Business

  • CO2 Shortage in United Kingdom
  • Intergovernmental Panel on Climate Change Releases Sixth Assessment Report, Unequivocally Finding That Human Activity Has Warmed the Atmosphere, Ocean, and Land  
  • Chevron Expanding Green Hydrogen Portfolio 

Carbon Spotlight

  • Clean Fuels for Flying—Honeywell’s Sustainable Aviation Fuels Initiative
  • U.S. Steel’s Best for AllSM Strategy Toward a Sustainable Future

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.

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