Global Power Law & Policy

Legal and Policy Developments Affecting the Global Power Industry.


BOEM Issues Final Sale Notice for Offshore Wind Lease Areas in Carolina Long Bay
Please Join Us: ESG Insights | SEC Proposed Climate-Related Disclosures
MCE Clean Energy: Green Hydrogen Expert Roundup
Calling All Hydrogen Players!
Bureau of Ocean Energy Management Propels the U.S. Offshore Wind Industry
Season 2 of Hydrogen Rising is Here!
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

BOEM Issues Final Sale Notice for Offshore Wind Lease Areas in Carolina Long Bay

U.S. Energy, Infrastructure, and Resources Alert

By: Stanford D. BairdKenneth J. Gish, JrNathan C. HoweDavid L. WochnerKimberly B. FrankAnkur K. Tohan

The Bureau of Ocean Energy Management will hold its next offshore wind lease auction on 11 May 2022, for two lease areas in the Carolina Long Bay. The lease areas comprise 110,091 acres off the coast of North and South Carolina. The auction date will occur weeks ahead of a 10-year moratorium on offshore energy leases imposed in 2020 by the Trump administration prohibiting auctions of leases for wind, in addition to oil and gas, off the coasts of North and South Carolina beginning on 1 July 2022.

For more information, please contact our Energy, Infrastructure, and Resources lawyers or visit our practice page.

Please Join Us: ESG Insights | SEC Proposed Climate-Related Disclosures

28 March 2022
2:00 – 3:00pm ET
via Webex

ESG perspectives are constantly evolving, and the SEC is releasing several significant ESG-related rules this year.  Companies will have questions about the implications of these rules and what will happen next.  K&L Gates wants to be a resource to its clients and contacts as these rules are released, and public companies consider how to prepare.

On March 21, 2022, the SEC released its proposed rules on climate-related disclosures. We will be hosting a webinar to address initial questions on the rule proposal.  Some of the topics that we will address include: 

  • What disclosures are required by the proposed rules, including board and management oversight and governance of climate-related risks?
  • Is an attestation report required for climate-related disclosures, including Scope 1, 2 and 3 GHG emissions information?  If so, for what information and who can provide an attestation report?
  • Is there a phase-in period in the proposed rules?  If so, when would companies be required to begin providing these climate-related disclosures?
  • What will happen next and what can companies do to prepare?


Please RSVP by March 27. 

Calling All Hydrogen Players!

By: Laurie Purpuro

The Department of Energy (DOE) has begun the process of establishing “Hydrogen Hubs” that are funded in the Infrastructure Investment and Jobs Act, aka the “infrastructure package.”  The infrastructure package provides $8 billion for hydrogen hubs, plus an additional $1 billion for hydrogen electrolysis research, development, deployment and commercial applications.  Another $500 million was appropriated in the infrastructure package for a Clean Hydrogen Manufacturing, Recycling, Research, Development and Demonstration Program.  All of this funding is to be distributed over the next five years.

The Hydrogen Hub Program.  Through the Regional Hydrogen Hub Program DOE will choose a minimum of four locations in the U.S. to locate hydrogen hubs — networks of clean hydrogen producers, potential clean hydrogen consumers, and connective infrastructure located in close proximity.  The law calls for diverse energy sources for hydrogen production at the hubs, requiring, to the maximum extent practicable, that one hub produce hydrogen from fossil fuels; one from renewables; and one from nuclear energy.   

H2 Matchmaker.  To help hydrogen players connect with others and create “hubs”, DOE has stood up the “H2 Matchmaker” tool, an interactive map which includes various hydrogen producers, infrastructure companies, consumers, and other stakeholders, along with their contact information.  You can find the H2 Matchmaker map here, where you will also find the H2 Matchmaker Self-Identification Form.  You can use the H2 Matchmaker Self-Identification form to submit your own information for the H2 Matchmaker Map.

Requests for Information.  DOE has issued Requests for Information (RFI) for these programs, which give stakeholders the opportunity to provide input that DOE will use in developing Funding Opportunity Announcements (FOAs).  The Hydrogen Hub RFI can be found here, and the deadline is March 21.  The RFI for the Hydrogen Electrolysis Program as well as the Clean Hydrogen Manufacturing, Recycling, Research, Development and Demonstration Program can be found here, and the deadline is March 29.

To learn more about our Hydrogen practice, please CLICK HERE


By: Elizabeth C. Crouse

On this episode of Sustainable Outlook, host Elizabeth Crouse speaks with Holly Christie, the General Counsel of Hecate Energy. Hecate Energy is a leading renewable energy power plant developer, and Holly oversees the legal aspects of all projects. She speaks on creative partnerships in developing communities, emerging trends in solar technology, and human rights and environmental justice issues within the renewable energy industry. 

Bureau of Ocean Energy Management Propels the U.S. Offshore Wind Industry

U.S. Energy, Infrastructure, and Resources and Environment, Land, and Natural Resources Alert

By: Gail H. ConenelloNathan C. HoweAnkur K. TohanDavid L. Wochner

The flurry of offshore wind activity off the U.S. Eastern Seaboard continues, as the Bureau of Ocean Energy Management (BOEM) has announced recently it will hold an auction on 23 February 2022, to lease six new areas for offshore wind development in the New York Bight. The six lease areas will be located off the coasts of New York and New Jersey and will comprise 488,201 total acres. Such acreage should be sufficient to develop an estimated 5.6 gigawatts (GWs) of new offshore wind capacity, enough to power nearly two million homes. The six new lease areas will add to the 18 existing lease areas for offshore wind development that currently exist off the U.S. East Coast. This new lease sale combined with other recent BOEM developments exemplifies the Biden Administration’s commitment to the development of offshore wind resources in the United States.

Season 2 of Hydrogen Rising is Here!

Co-hosts David Wochner, partner at K&L Gates, and Sandra Safro, Associate General Counsel at the Edison Electric Institute, kick off season 2 of Hydrogen Rising with a discussion of developments since the last episodes of Season 1 in November, including exciting new programs at the U.S. Department of Energy like the H2 Twin Cities program and the H2 Matchmaker Tool, as well as moves by cities to bring hydrogen into everyday life.

Sign up to stay informed on the latest developments in the hydrogen market.

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.

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