Author: Trey Queen

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D.C. Circuit Affirms That Offshore Wind Lease Does Not Trigger NEPA Review
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Infocast Virtual Master Class: Negotiating & Documenting Corporate PPAs
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Hydrogen Rising — U.S. Tax Incentives: New Opportunities for Hydrogen Investments
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Oregon Passes Law to Explore Opportunities for Renewable Hydrogen Development
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Hydrogen Rising — Fuel Cells & Beyond: Cummins & the Hydrogen Economy
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Hydrogen Rising — France: The Growth and Evolution of the Hydrogen Economy
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Join Us at the World Hydrogen Asia Online Conference!
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Hydrogen Rising — Wading In: Water Resource Issues in the Development of the Hydrogen Economy
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Hydrogen Rising: From Concept to Market – H2 Advances in Germany
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Hydrogen Rising: Hydrogen Is Truly Rising — Opportunities for the Aviation Industry

D.C. Circuit Affirms That Offshore Wind Lease Does Not Trigger NEPA Review

By: J. Timothy HobbsAnkur K. TohanRobert M. SmithDavid L. WochnerNatalie J. Reid

The Bureau of Ocean Energy Management (BOEM) does not need to conduct full environmental reviews under the National Environmental Policy Act (NEPA) when granting an offshore wind farm lease, the D.C. Circuit Court of Appeals has affirmed. The decision followed a lawsuit by commercial fishing organizations and seaside municipalities who claimed that BOEM violated NEPA and the Outer Continental Shelf Lands Act (OCSLA) when it auctioned an offshore lease to Equinor (formerly Statoil) without performing an environmental review of the anticipated windfarm project. The decision puts to rest the question of whether a mere lease sale may trigger extensive environmental review under NEPA, potentially streamlining the initial lease acquisition process, but also requiring the investment of significant funds before developers have cleared environmental review.

Infocast Virtual Master Class: Negotiating & Documenting Corporate PPAs

CO-HOSTED WITH K&L GATES

29-30 July 2021

Over the last decade, corporate buyers and renewable energy suppliers have developed a variety of innovative structures to enable corporations to purchase renewable energy.

In the Negotiating & Documenting Corporate PPAs Master Class, expert instructors will provide an overview of the types of agreements that are commonly used to facilitate corporate renewable energy procurement, as well as when best to use them.

Attend to expand your knowledge and gain expert insights for real-world applications:

  • Background: Utility Monopolies and Exclusive Service Territories
  • REC Agreements
  • Green Tariffs 1.0
  • Green Tariffs 2.0
  • On-site solar PPAs
  • Physical PPAs (including direct access)
  • Community Solar PPAs
  • Virtual PPAs (VPPAs/contracts for differences)
  • Portfolio Aggregation PPAs
  • Block Delivery PPAs

Instructors will include: William H. Holmes, Lana Le Hir, Elizabeth Crouse, James Douglass, Tariq Fedda, Kenneth Gish, and Teresa Hill.

Hydrogen Rising — U.S. Tax Incentives: New Opportunities for Hydrogen Investments

In part one of a two-part series, K&L Gates’ Seattle partner and leader of the firm’s Renewable Energy Tax practice, Elizabeth Crouse, speaks with Hydrogen Rising co-host David Wochner about federal tax incentives for hydrogen, including pros and cons related to the 45Q tax credit and a discussion of U.S. Senator Tom Carper’s new legislation specifically promoting investments in hydrogen.

Oregon Passes Law to Explore Opportunities for Renewable Hydrogen Development

By: Gabrielle E. Thompson and William H. Holmes

On 19 May 2021, Governor Kate Brown signed Senate Bill 333 into law, which directs the Oregon Department of Energy to study the potential for development of renewable hydrogen production and use in Oregon. The results of the study are due to the Legislature by 15 September 2022.

Under the new law, the study will evaluate the benefits, as well as any barriers, to the production and use of renewable hydrogen in Oregon. The study will utilize existing data, studies, or other publicly available materials to analyze how “renewable hydrogen may support existing renewable energy and greenhouse gas reduction policies and goals in Oregon.”1

Specifically, the study will identify the total hydrogen volume currently used each year in Oregon by various industries and the potential applications of renewable hydrogen in Oregon by 2030 by sectors such as transportation, industry, electricity generation, and energy storage. The study will also include an assessment of the potential for using renewable hydrogen in conjunction with other renewable electricity generation to increase resiliency or to provide flexible loads.

Additionally, the study will look at the forecasted costs of renewable hydrogen and how those costs may affect its adoption in Oregon. Finally, the study will consider and identify any technological, policy, commercial, or economic barriers to the adoption of renewable hydrogen in Oregon.

The study represents an important first step in determining the opportunities for developing renewable hydrogen production and development in Oregon, which has adopted a Renewable Portfolio Standard that requires 50 percent of the electricity Oregonians use come from renewable sources by 2040. Renewable hydrogen is another potential source that could be used to meet those renewable energy requirements.

The bill, which was sponsored in the Senate by Senator Lee Beyer (D – Springfield), received a unanimous vote in favor by the House Energy and Environment Committee and received bipartisan support from Representative Helm (D – Washington County) and Representative Brock-Smith (R – Port Orford), who carried the bill to the House floor where it passed unanimously.

The bill was drafted by Renewable Hydrogen Alliance (RHA), a trade association based in Portland, Oregon, with more than 70 members in the United States and worldwide dedicated to the mission of using renewable electricity to create clean fuels.


1Senate Bill (SB) 333 Enrolled (2021).

Hydrogen Rising — Fuel Cells & Beyond: Cummins & the Hydrogen Economy

Hydrogen Rising co-hosts Sandra Safro and David Wochner welcome to the podcast Traci Kraus, Director of Government Relations for Cummins Inc., to discuss Cummins’ role in the development of the hydrogen economy, the opportunities and applications Cummins sees on the horizon, and the chances for advancement of the U.S. hydrogen industry on Capitol Hill and in the new Biden Administration.

Hydrogen Rising — France: The Growth and Evolution of the Hydrogen Economy

France was among the first nations to issue a national hydrogen plan and recently has taken significant steps to continue to support the growth of a hydrogen economy. In this episode, Hydrogen Rising co-host Sandi Safro discusses these developments with K&L Gates’ European colleagues Mélanie Bruneau and Antoine de Rohan Chabot, including France’s efforts to increase the use of hydrogen in the transportation sector and the development of regulatory frameworks around certificates of origin and traceability.

Join Us at the World Hydrogen Asia Online Conference!

Wednesday, 12 May 2021
7:00 AM – 12:30 PM (CEST)

Speakers will include K&L Gates’ partners Kelly Davies, Eric Sedlak, and Lian Yok Tan.

Japan is one of the pioneers of the hydrogen transition with the first basic strategy being published in 2017. South Korea followed closely behind uncovering its roadmap to developing a hydrogen society with a solid focus on transport. China is the largest hydrogen producer in the world and is also focusing on hydrogen to decarbonize transportation with Wuhan being styled as a hydrogen city. Singapore and India are also building interest so there is definitely an electrifying momentum across the continent as the hydrogen potential develops.

Join lawyers from our global Hydrogen practice and other industry professionals for an in-depth investigation into the Asian hydrogen market through panel discussions, case studies, and presentations.

Hydrogen Rising — Wading In: Water Resource Issues in the Development of the Hydrogen Economy

K&L Gates’ Environment, Land, and Natural Resources partner Alyssa Moir discusses with co-host David Wochner issues associated with water resources and the development of hydrogen at scale, specifically addressing U.S. legal regimes governing water use and possible innovations that could assist hydrogen market developers deal with challenges presented by the huge quantities of water required for green hydrogen.

Hydrogen Rising: Hydrogen Is Truly Rising — Opportunities for the Aviation Industry

Co-hosts Sandra Safro and David Wochner welcome to the podcast Paul Gloyer and Tim Lewis of Gloyer-Taylor Laboratories, or GTL, a Tennessee-based technology company working on game-changing solutions in the energy transition — revolutionizing the emissions-intensive aviation industry through the development of a safe, economic and efficient means for fueling aircraft with hydrogen.

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