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Articles by James Bowe
REPAIR Act Redux and a New Presidential Memorandum—No End in Sight for NEPA Uncertainty | JD Supra
The National Environmental Policy Act has drawn congressional and presidential frustration for long over a decade and the regulations of the body it created—the Council on Environmental Quality—have often been caught in the litigious crossfire. While the problem can seem esoteric, the impacts of changes in interpretations of NEPA’s scope and the rights conferred can be significant.
New Executive Order on Immediate Measures to Increase American Critical Mineral Production | JD Supra
On March 20, 2025, President Trump signed an Executive Order (“EO”) entitled Immediate Measures to Increase American Mineral Production.1 The EO builds on previous energy-focused actions taken by the Administration, and includes aggressive timelines in which federal agencies are to take significant measures to fast-track permitting, leasing, and financing of domestic mining projects.
President Trump’s Day-One Executive Orders: Energy and Environment | JD Supra
Executive Summary On January 20, 2025, President Trump issued several Executive Orders and memoranda (the “EOs”) signaling a significant policy shift favoring robust and market-based energy production (mostly relying on fossil fuels), while seeking to streamline project permitting and reduce environmental review delays that frequently impede project development efforts.
Treasury And IRS Issue Final Regulations Implementing Section 45V Clean Hydrogen Production Tax Credit
On January 3, 2025, the IRS and Treasury issued long-awaited final regulations (the "45V Final Regulations") implementing the clean hydrogen production tax credit (the "45V Credit") under Section 45V of the Internal Revenue Code of 1986, as amended (the "Code"). The 45V Final Regulations follow proposed regulations issued on December 22, 2023, on which more than 30,000 comments were submitted during a comment period that closed on February 26, 2024.
Treasury and IRS Issue Final Regulations Implementing Section 45V Clean Hydrogen Production Tax Credit | JD Supra
On January 3, 2025, the IRS and Treasury issued long-awaited final regulations (the “45V Final Regulations”) implementing the clean hydrogen production tax credit (the “45V Credit”) under Section 45V of the Internal Revenue Code of 1986, as amended (the “Code”). The 45V Final Regulations follow proposed regulations issued on December 22, 2023, on which more than 30,000 comments were submitted during a comment period that closed on February 26, 2024.
The Trifecta: What to Expect from a Second Trump Administration and a Republican Congress | JD Supra
Republicans have swept the 2024 elections, returning Donald Trump to the White House as the 47th President and flipping the Senate to a Republican majority. Having narrowly maintained control of the House of Representatives, the Republicans have won the “trifecta” that should make it easier for the President-elect Trump to enact a sweeping agenda. It should be noted that the margins in both the House and the Senate will be close.
Guidance on Section 45V Clean Hydrogen Production Tax Credit | JD Supra
The trajectory of the hydrogen sector in the United States hinges on a critical question: what criteria will be used to define the term “clean hydrogen” for tax purposes?
Beyond the Fenceline: Environmental Justice Updates – December 2023 | JD Supra
Environmental Justice: 2023 Year in Review and 2024 Look-Ahead As a concept, Environmental Justice, or EJ, has been around for more than 40 years. Beginning as a slogan at protests in Warren County, NC in 1982, EJ became the subject of a February 16, 1994 Executive Order by President Clinton.
EU regulatory challenges complicating the development of international green hydrogen projects | JD Supra
The EU rules defining green hydrogen and derivative fuels (such as ammonia, e-methanol and e-NG)1 became binding law in June 2023 (as covered in our client note on the RFNBO Delegated Acts). Subsequently, in late July 2023, the European Commission (EC) issued guidance, intending to aid the application of these rules, in the form of a Q&A document.2 However, in several areas, the guidance failed to deliver the regulatory clarity that project developers had been clamouring for.
Field Guide to Clean Hydrogen | JD Supra
July 31, 2023 James Bowe, Jr., Dan Feldman, Nikesh Jindal, Frederick Lazell, Suyoung Moon, John Clay Taylor King & Spalding + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Hydrogen is a key ingredient in any country’s future energy plans. In the United States, the hydrogen sector is on the launch pad, ready for lift-off.
U.S. DOE Releases Report on Clean Hydrogen Strategy and Roadmap | JD Supra
The United States recently took another important step in implementing a comprehensive strategy to advance the production, processing, delivery, storage, and use of clean hydrogen. On June 5, 2023, the Biden-Harris Administration released the U.S. National Clean Hydrogen Strategy and Roadmap (the “Hydrogen Roadmap”). The Hydrogen Roadmap serves as a summary of the current state of hydrogen production, transport, storage, and use in the United States.
Environmental Justice and Civil Rights in U.S. Construction Projects | JD Supra
Since taking office two years ago, the Biden Administration has emphasized efforts to incorporate environmental justice considerations into federal agency permitting, funding and financial support decision-making.
Protections for Hydrogen Projects Under the Modernized Energy Charter Treaty | JD Supra
For over two decades, investors in the energy sector have benefited from protections found in The Energy Charter Treaty (“ECT”). Investors in hydrogen projects will soon be able to benefit from these same protections. THE ENERGY CHARTER TREATY AND ITS UPCOMING MODERNIZATION The ECT is a multilateral treaty among more than 50 different countries and was designed to stimulate foreign direct investments and global cross-border trade in the energy market.
EPA Addresses Environmental Justice and Civil Rights in Permitting | JD Supra
The EPA’s External Rights Compliance Office recently released Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (“the FAQ”).
Guest Perspective: EJ and Civil Rights in U.S. Construction Projects
July 2023, Vol. 250, No. 7 Guest Perspective By Erich Almonte, Peter Berg and James F. Bowe, Jr., King & Spalding (P&GJ) — Since taking office two years ago, the Biden Administration has emphasized efforts to incorporate environmental justice considerations into federal agency permitting, funding and financial support decision-making.
Hydrogen-Related Provisions of the Inflation Reduction Act of 2022 | JD Supra
August 11, 2022 James Bowe, Jr., Brandon Dalling, Adam Hankiss, Aaron Hullman, Edouard Markson, Jonathan Melmed, John Clay Taylor King & Spalding + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: The Inflation Reduction Act of 2022, passed by the Senate on August 7, 2022, includes a number of provisions projected to result in significant investments in domestic energy production and manufacturing, and reduce carbon emissions by...
New Railroad Commission of Texas Rules for Natural Gas Infrastructure | JD Supra
Texas regulators recently took additional steps in an effort to prevent another catastrophic loss of power like that experienced during Winter Storm Uri in February 2021.
Winter Weather Readiness Requirements for Generation Entities in Texas | JD Supra
With winter coming, many are questioning whether Texas will be able to avoid another catastrophic loss of power like that experienced during Winter Storm Uri in February 2021.
Bipartisan Senate Infrastructure Bill Promotes Carbon Capture, Utilization, and Sequestration | JD Supra
Few issues in Washington have been as elusive as passage of legislation to address the nation’s aging infrastructure. For a number of years, the White House, Senators and Members of Congress have announced plans to spend billions of dollars to repair bridges, roads, waterways as well as to build information infrastructure, such as expansion of broadband capability to rural areas.
EPA, FERC and the Army Corps Weigh in on the Social Costs of Carbon and Environmental Justice in Project Development | JD Supra
Historically, environmental issues have been front and center for major project development throughout the world.
Bipartisan Senate Infrastructure Bill Promotes Hydrogen | JD Supra
Few issues in Washington have been as elusive as passage of legislation to address the nation’s aging infrastructure. For a number of years, the White House, Senators and Members of Congress have announced plans to spend billions of dollars to repair bridges, roads, waterways as well as to build information infrastructure, such as expansion of broadband capability to rural areas.
FERC’s Pipeline, LNG Project Evaluations Looking at EJ
February 2023, Vol. 250, No. 2 Features By James F. Bowe, Jr., Partner, King & Spalding LLP (P&GJ) — The Federal Energy Regulatory Commission (FERC) is devoting an increasing amount of attention and staff resources to the evaluation of impacts of interstate natural gas pipeline and LNG terminal projects on environmental justice (EJ) communities (that is, communities with disproportionately large minority and low-income populations).
Building The Hydrogen Sector Will Require New Laws, Regs
Law360 (January 13, 2021, 4:23 PM EST) -- Decarbonization of the world's energy sector is increasingly acknowledged as imperative given the increasingly evident impacts of climate change.
FERC Proposes to Amend its PURPA Regulations to Recognize Hydrogen Production in Certain Fuel Cell Systems as Useful Thermal Energy in Qualifying Cogeneration Facilities | King & Spalding - JDSupra
Hydrogen as a fuel for industrial applications, transportation, distribution and power generation, and for energy storage, is gaining worldwide momentum as a key component in the pursuit of decarbonization. The Federal Energy Regulatory Commission’s (“FERC”) latest proposed change in its regulations implementing the Public Utility Regulatory Policies Act of 1978 (“PURPA”) is another potential boost for the use of hydrogen in power generation.
Energy Newsletter - June 2020 | JD Supra
The Impact of COVID-19 on Nuclear Electricity Sales Contracts in France - The electricity sector, like numerous others in France, has been heavily affected by the economic shutdown due to the COVID-19 pandemic. The first two weeks of confinement led to a reduction in electricity consumption in France of around 15 to 20% compared to the consumption usually observed at the same year period under equivalent weather conditions.
FERC Adopts Regulations Delaying Construction of Federally-Regulated Natural Gas Projects Until it Rules on Requests for Rehearing | JD Supra
On June 9, 2020, the Federal Energy Regulatory Commission (FERC) issued a final rulemaking order amending its regulations to preclude the commencement of construction of FERC-authorized natural gas pipeline, storage and liquified natural gas (LNG) facilities until FERC has acted on any requests for rehearing of the FERC orders authorizing them. Limiting Authorizations to Proceed with Construction Activities Pending Rehearing, 171 FERC ¶ 61,201 (2020) (Order No. 871).
UCN2: a new candidate influencing pancreatic β-cell adaptations in pregnancy
Introduction The corticotropin-releasing hormone (CRH) peptide family comprises CRH and the structurally related urocortin peptides (UCN1, UCN2 and UCN3). These neuroendocrine peptides are best known for their involvement in regulating the physiological and behavioural responses to stress, through the cognate G-protein-coupled receptors (GPCRs), CRH receptor 1 (CRHR1) and CRH receptor 2 (CRHR2) (Chen et al. 1993, Lovenberg et al. 1995, Weninger et al. 1999, Bakshi et al.
Energy Newsletter - March 2020 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
PHMSA Issues Final Rule on Underground Natural Gas Storage Safety Establishing a Phased-in, Multi-Year Timeframe for Integrity Management | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Energy Newsletter - November 2019 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
After Seven-Year Battle, FERC Authorizes ANR Storage Company to Charge Market-Based Rates for Natural Gas Storage Services | JD Supra
On September 26, 2019, the Federal Energy Regulatory Commission (FERC) issued an order authorizing ANR Storage Company (ANRS) to charge market-based rates for natural gas storage services. ANR Storage Co., 168 FERC ¶ 61,195 (2019). The order was issued in response to a remand by the U.S. Court of Appeals for the District of Columbia on judicial review. ANR Storage Co. v. FERC, 904 F.3d 1020 (D.C. Cir. 2018).
Energy Newsletter: October 2018
Energy industry news, analysis, and commentary Court Faults FERC in its Handling of ANR Storage Company’s Six Year Quest for Authorization to Charge Market-Based Rates for Natural Gas Storage Services By Joe Akrotirianakis, James Bowe & Doug Cassel | King & Spalding on October 22, 2018 at 3:00 PM Sign up and get Breaking Energy news in your inbox. We will never sell or share your information without your consent. See our privacy policy. × Sign up and get Breaking Energy news in your inbox.
Energy Newsletter - October 2018 | JD Supra
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Court Faults FERC in its Handling of ANR Storage Company’s Six - Year Quest for Authorization to Charge Market-Based Rates for Natural Gas Storage Services | King & Spalding - JDSupra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Energy industry news, analysis, and commentary
Energy industry news, analysis, and commentary A recent trend in the upstream and midstream oil and gas industry is for midstream services providers to offer certain forms of additional compensation to oil and gas lessees By James Bowe, Peter Hays & Nina Howell | King & Spalding on July 19, 2018 at 3:00 PM Sign up and get Breaking Energy news in your inbox. We will never sell or share your information without your consent. See our privacy policy.
Council on Environmental Quality Pushes Forward on NEPA Reform | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Energy Newsletter - July 2018 | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Energy Newsletter - April 2018 | JD Supra
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FERC Initiates Sweeping Reform of Ratemaking Treatment for Income Taxes | JD Supra
On March 15, 2018, the Federal Energy Regulatory Commission (FERC) released a series of issuances intended to address the need to reflect the lower maximum corporate income tax rate adopted under the Tax Cuts and Jobs Act of 2017 in the regulated cost-based or indexed rates of interstate natural gas pipelines, oil pipelines and electric utilities.
FERC Comes Under Pressure to Reduce Pipeline and Other Regulated Rates to Reflect Changes in the Corporate Income Tax Rate | JD Supra
Late last year, Congress passed the Tax Cuts and Jobs Act of 2017, which the President signed into law on December 22, 2017.1 A central feature of the Act is the reduction of the maximum corporate income tax rate from 35% to 21% effective January 1, 2018. The Federal Energy Regulatory Commission (FERC) is coming under mounting pressure from pipeline customer groups and state officials to reduce interstate natural gas pipeline and other regulated rates to reflect the new, lower tax rate.
Federal Energy Regulatory Commission Holds that a State Agency Waived its Authority to Issue a Water Quality Certification by Failing to Act Within the Statutory Period; Quashes One Way States Can Block Interstate Natural Gas Pipeline Project Construction
Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Already signed up? Log in here By using the service, you signify your acceptance of JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources.
The hop phytoestrogen, 8-prenylnaringenin, reverses the ovariectomy-induced rise in skin temperature in an animal model of menopausal hot flushes
The mechanisms underlying menopausal hot flushes are poorly understood, although it is generally assumed they result from disturbances of thermoregulatory centres in the hypothalamus. 8-Prenylnaringenin (8-PN) has been identified as a potent phytoestrogen in hops (Humulus lupulus) and there are claims that hop-containing preparations can reduce hot flushes.
New method of producing random numbers could improve cybersecurity
With an advance that one cryptography expert called a "masterpiece," University of Texas at Austin computer scientists have developed a new method for producing truly random numbers, a breakthrough that could be used to encrypt data, make electronic voting more secure, conduct statistically significant polls and more accurately simulate complex systems such as Earth's climate.
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