Category: Public Policy

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EUROPEAN COMMISSION PRESENTS REPOWEREU PLAN
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Please Join Us: Renewable Energy Development on Tribal Lands
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FERC Enforcement In 2021: A Year Of Change
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FERC Issues 2021 Enforcement Report
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U.S. Congress Secures Final Passage of Historic Investment in Infrastructure
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SB 343: IS RECYCLING LIABILITY ON THE WAY?
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Commerce Extends Initiation Deadline in Solar Circumvention Inquiries & USTR to Start Targeted China 301 Tariff Exclusion Process
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White House Chooses Exclusion of Silica-Based Products Produced Using Forced Labor, Impacting Solar PVs
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We Have ESG Down to the Letter
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K&L Gates Distinguished Speaker Series: A Conversation on the Sustainable Economy with Elizabeth Willmott

EUROPEAN COMMISSION PRESENTS REPOWEREU PLAN

Policy and Regulatory and Energy, Infrastructure, and Resources Alert

By: Tariq A. FeddaMiguel A. Caramello AlvarezGiovanni CampiInês S. Mendes, Paula Esteban Gomez

The European Commission (the Commission) presented on 18 May 2022 details of its plan to repower Europe and to reduce, and ultimately end, Europe’s reliance on Russian fossil fuels (the REPowerEU Plan or the Plan)1 that was announced on 8 March 2022. 

It aims to do this with three pillars: energy conservation; diversifying supplies; and quickly substituting fossil fuels by accelerating Europe’s clean energy transition, all while smartly combining investments and reforms.

The Plan acknowledges that the shift away from Russian fossil fuels will also require targeted investments for security of supply in gas infrastructure and very limited changes to current oil infrastructure, alongside large-scale investments in the electricity grid and an EU-wide hydrogen backbone. As such, the different elements of the Plan, which comprise a series of proposals, communications and guidance documents, will be of interest to anyone participating in the energy markets in Europe, including developers of renewable and conventional energy projects, buyers and sellers of commodities, and even households. 

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

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.

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).

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.

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.

Commerce Extends Initiation Deadline in Solar Circumvention Inquiries & USTR to Start Targeted China 301 Tariff Exclusion Process

By: Stacy J. Ettinger

COMMERCE EXTENDS INITIATION DEADLINE IN SOLAR CIRCUMVENTION INQUIRIES – NEW DEADLINE LATE NOV

On September 29, 2021, Commerce determined to delay a decision on initiation in the solar circumvention inquiries. Commerce instead asked the US solar manufacturers – A-SMACC (the so-called American Solar Manufacturers Against Chinese Circumvention) – for additional information. In particular, Commerce requested additional information related to why the A-SMACC companies have requested anonymity in the circumvention proceeding. Commerce also requested information regarding the A-SMACC companies’ ties to business interests in China or Southeast Asian countries.

Read More

White House Chooses Exclusion of Silica-Based Products Produced Using Forced Labor, Impacting Solar PVs

By: Stacy J. Ettinger, Amy L. Groff, William D. Semins, Caitlin C. Blanche, Coleman Wombwell, Elizabeth C. Crouse

Today, the White House announced that Customs and Border Protection (CBP) has issued a withhold release order (the Order) on products manufactured using silica-based products produced by Hoshine Silicon Industry Co., Ltd., and its subsidiaries (“Hoshine”), which are purportedly the world’s largest metallurgical-grade silicon producers. Hoshine has been linked to forced labor in the Xinjiang province of the People’s Republic of China (the PRC). The Order covers silica-based products and materials or goods derived from or produced using those silica-based products. Thus, CBP may use the Order to seize or exclude a variety of products, including solar photovoltaic panels.

We Have ESG Down to the Letter

Our integrated environmental, social, and corporate governance (ESG) approach is designed to help our clients navigate ever-evolving standards and add value to their companies. We’ve structured our broad scope of ESG services within coordinated and collaborative areas of focus, including corporate governance, investing, energy, and agriculture. These global teams span regions and industries to address an array of issues, from legislative, regulatory, and policy matters, to fund launches and environmentally responsible corporate initiatives.

We can evaluate and advise your business from E to S to G.

For more on our ESG practice, please click here.

K&L Gates Distinguished Speaker Series: A Conversation on the Sustainable Economy with Elizabeth Willmott

Wednesday
19 May 2021
12:00 p.m. – 1:00 p.m. ET

Please join us for the next conversation in our sustainability-focused Distinguished Speaker Series, where we sit down with leaders in the field of sustainable economy to discuss industry trends and opportunities.

Our featured speaker for this webinar will be Elizabeth Willmott. Elizabeth leads Microsoft’s carbon program, including fulfillment of the company’s commitment to be carbon negative by 2030. She joined Microsoft in 2016 after a decade of work on urban sustainability in the public and nonprofit sectors. She holds a double degree in biology and Chinese language from Williams College and a master’s degree in public policy from Harvard Kennedy School.

The program will be moderated by Elizabeth Crouse, a Partner and Practice Group Coordinator for the Power Group at K&L Gates. 

Please use the link below to RSVP by Tuesday, May 18, 2021.

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