Global Power Law & Policy

Legal and Policy Developments Affecting the Global Power Industry.

 

1
Sustainable Outlook: Environmental and Social Responsibility with Acorn International: Part I
2
FERC Issues 2021 Enforcement Report
3
Sustainable Outlook: Transparency, Unity, and Community with Elizabeth Jones, Founder of The Equality Equation
4
U.S. Congress Secures Final Passage of Historic Investment in Infrastructure
5
The Energizer – Volume 99
6
Sustainable Outlook: 100% Renewable Energy, 100% For Humanity With Sandra Kwak, Founder of 10Power
7
SB 343: IS RECYCLING LIABILITY ON THE WAY?
8
Commerce Extends Initiation Deadline in Solar Circumvention Inquiries & USTR to Start Targeted China 301 Tariff Exclusion Process
9
Infocast Virtual Master Class: ESG for Renewable Energy Financing
10
ESG and the Sustainable Economy Handbook

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.

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.

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Infocast Virtual Master Class: ESG for Renewable Energy Financing

CO-HOSTED WITH K&L GATES

November 2-3, 2021

As capital markets, investors, lenders and corporate off-takers accelerate their engagement with the challenges of global warming and other environmental threats, the development of formalized ESG (environmental, social and governance) principles has created great opportunities for renewable energy developers to increase company and project valuations, be more focused in their own M&A decisions, improve their own business processes and those of their suppliers, and obtain financing more easily and at more favorable rates.

However, the relatively recent development of multiple ESG standards and reporting formats, none of which were specifically developed for renewable energy developers, can make it difficult to know exactly how to align their business processes to maximize ESG performance and how to communicate their success at implementing these principles to critical outside partners and investors.

Taught by active market participants who are engaging with ESG issues daily, this ESG for Renewable Energy Financing Master Class will permit renewable development firms to:

  • Examine the core aspects and key challenges of accounting for ESG factors in the context of renewable energy project development and operation, as well as corporate finance
  • Identify ESG issues throughout the renewable energy project life cycle that can impact obtaining investment and financing, and operational cost
  • Get a detailed explanation of how ESG factors flow through project transaction documents to provide an understanding of ESG’s role and impact on contractual agreements & terms
  • Obtain tools and techniques to help identify and manage long-term risk grounded in ESG factors
  • Develop strategies to handle renewable energy project-specific risks such as load, shape and price risk and their interrelation with ESG principles

Co-Lead instructors are Elizabeth Crouse and Lana Le Hir

ESG and the Sustainable Economy Handbook

Environmental, social, and governance (ESG) and the sustainable economy are concepts that often overlap and frequently intertwine. Whether viewed separately or together, they have significantly changed global investing and business practices and will continue to evolve. 

This handbook examines how investors evaluate companies based on ESG and sustainability criteria, the way companies incorporate these standards into their operating principles, and the legal and financial considerations for both groups. Whether you are an investor, an investment manager, a company owner, or board member, it will provide you with valuable insights drawn from our lawyers’ deep industry experience and keen understanding of policy, procedures, and trends.

New Sustainable Investing Chapter released today!

To view and download the full ESG Handbook, click here.

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