One promising solution to climate change is Carbon Capture, Utilization and Storage (“CCUS”). CCUS involves capturing carbon oxides, primarily carbon dioxide (CO2), for permanent storage or potential utilization. Interest in CCUS increased after the Inflation Reduction Act (“IRA”) revamped Section 45Q of the US Tax Code to expand tax credits for those engaged in CCUS projects.
Climate Solutions Legal Digest
Co-Location of Data Centers with Renewable Energy Projects: Legal, Environmental, and Operational Considerations
The dramatic increase in the use cases for data storage, artificial intelligence and cloud computing have resulted in an atmospheric level rise in the demand for data centers, and the question of providing sufficient power to support those data centers has become paramount. Simultaneously, there has been an increasing emphasis on utilizing green energy as corporations…
Renewable Energy and AI Data Centers
Although artificial intelligence (“AI”) dominated financial, technological, and even social conversations in 2024, less attention was paid to the reality that AI’s emergence entails substantial increases in energy demand, specifically electricity. Consider that a single ChatGPT query requires 2.9 watt-hours of electricity, compared to 0.3 watt-hours for a Google search, according to the International Energy…
Evolving Regulatory Status of PFAS Substances
The United States Environmental Protection Agency (EPA) in July of this year designated two PFAS (perfluoroalkyl and polyfluoroalkyl substances) chemical types as “hazardous substances” under the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA, better known as the Superfund liability law), which has had a major impact in the ever-evolving environmental regulatory arena. PFAS…
New “Ride-Through” Requirements for Inverter-Based Resources: FERC Seeks Comments on NERC’s Proposed New Reliability Standards
On December 19, 2024, FERC issued a Notice of Proposed Rulemaking (NOPR) to approve the addition of the newly defined term “Ride-through” to the North American Electric Reliability Corporation (NERC) Glossary of Terms and to approve the proposed Protection and Control (PRC) Reliability Standards PRC-024-4 (Frequency and Voltage Protection Settings for Synchronous Generators, Type 1…
Carbon Sequestration and Pore Space Ownership: A 2024 Recap
Carbon capture and sequestration (CCS) is a highly effective means of reducing carbon dioxide (CO₂) emissions and mitigating climate change. This process, which has been utilized for decades, involves capturing CO₂ from sources like natural gas-fired power plants and then transporting it to underground storage facilities. The captured CO₂ is stored or sequestered in pore…
Navigating Legal Waters: Ensuring Success in the Functional Beverage Industry
To succeed in the growing functional beverage industry, understanding key legal issues is crucial. As new functional beverage brands continue to emerge, business owners need to consider a variety of legal issues, including (1) proper product categorization, (2) appropriate advertising and marketing claims, (3) engaging with influencers, (4) working with contract manufacturers, (5) ensuring adequate…
Pouring Over Options: Corporate Structures for Functional Beverage Brands
Whether at 7-11 or at your local grocery chain, functional beverages line the aisles, touting their nutritional and health benefits. The functional beverage industry is becoming big business, but as this industry bubbles up, emerging brands need to think about the best corporate structure to hold their product.
Below, we have provided some pros and…
State Restrictions on Foreign Land Investment: What Renewable Energy Developers and Financing Parties Should Know
Renewable energy developers and financing parties are likely aware of the Agricultural Foreign Investment Disclosure Act (“AFIDA”), a federal law requiring disclosure of foreign investment in agricultural land. Increasingly, U.S. states are imposing AFIDA-like disclosure requirements and restrictions on foreign land ownership, including with respect to renewable energy project sites. This trend is driven by…
FERC Eliminates Compensation for Reactive Power Within the Standard Power Factor Range
On October 17, 2024, the Federal Energy Regulatory Commission (FERC) issued Order No. 904, Compensation for Reactive Power Within the Standard Power Factor Range, 188 FERC ¶ 61,034 (2024) (Final Rule). With this Final Rule, FERC is eliminating all compensation for reactive power provided by generators within the standard power factor range of 0.95…