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Articles by Jane E. Montgomery
White House Releases IRA Guidebook Providing Roadmap to Clean Energy Funding
Tuesday, December 20, 2022 On December 15, the White House added a new Guidebook to the Inflation Reduction Act to its clean energy webpage. The Guidebook is a valuable resource to help businesses, organizations, and individuals secure access to the billions of funding dollars and incentives funds available under Inflation Reduction Act (IRA) to invigorate a clean energy transition over the next 10 years.
New Incentives Under the 2022 Inflation Reduction Act to Jump Start Deployment of Carbon Sequestration and Expand Clean Fuel Development
Thursday, August 18, 2022 This week, President Biden signed legislation designed to infuse billions of dollars into the economy to promote clean energy, manufacturing, and construction through a wide array of tax incentives and grants.
Energy Investment Front and Center in the IRA | JD Supra
The Inflation Reduction Act of 2022 (IRA), has several primary goals, including: promoting clean energy, manufacturing, and construction through a wide array of tax incentives and grants; raising revenue through the primary mechanisms of a new corporate alternative minimum tax and an excise tax on the repurchase of corporate stock; and managing medical costs for individuals.
Proposed Inflation Reduction Act of 2022 Would Provide Significant Spending Targeted To Clean Energy and Technology Development | JD Supra
US Senate Democrats Chuck Schumer and Joe Manchin reached a compromise on the fiscal year 2022 budget reconciliation that includes $369 billion in new spending to spur clean energy and technology over the next decade. The bump in spending would be off-set by corporate tax changes and other revenue-raising measures.
Supreme Court Requires Clear Congressional Authority for GHG Regulations Intended to “Remake the Energy Sector” | JD Supra
One of the US Supreme Court’s final opinions this term addressed US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the federal Clean Air Act (CAA). The decision in West Virginia v EPA holds that Section 111 of CAA does not grant plenary authority to EPA to address GHGs from power plants in the manner EPA proposed, which required shifting generation from existing sources to new, zero-emitting GHG sources.
Supreme Court Requires Clear Congressional Authority for GHG Regulations Intended to “Remake the Energy Sector”
One of the US Supreme Court’s final opinions this term addressed US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the federal Clean Air Act (CAA). The decision in West Virginia v EPA holds that Section 111 of CAA does not grant plenary authority to EPA to address GHGs from power plants in the manner EPA proposed, which required shifting generation from existing sources to new, zero-emitting GHG sources.
Five Initial Takeaways from the SEC’s Proposed Rules Requiring Companies to Disclose Climate Risks and GHG Emissions Data | JD Supra
On March 21, the U.S. Securities Exchange Commission (SEC) proposed far-reaching climate-related disclosure rules for public companies that do business in the United States. In a 3-1 vote, the SEC proposed rules that would require all public companies to disclose detailed information about their climate risks and strategies in annual reports and stock registration statements.
Financial Stability Council’s Historic Report on Climate-Related Financial Risk Original
Tuesday, November 16, 2021 INTRODUCTION In her keynote remarks at COP26 during the Finance Day Opening Event, Treasury Secretary Janet Yellen discussed the Financial Stability Council’s (FSOC) historic Report on Climate-related Financial Risk (Report). She told the world that the more than 30 “recommendations [in the Report] represent a significant and vital step towards making the U.S. financial system more resilient to the threat of climate change.
New Report Highlights Need for Coordinated and Consistent U.S. Policy to Address Possible Impacts to Financial Stability Due to Climate Change
“Climate change is an emerging threat to the financial stability of the United States.” So begins a recently issued Financial Stability Oversight Council (FSOC) Report, identifying climate change as a financial risk and threat to U.S. financial stability and highlighting a need for coordinated, stable, and clearly communicated policy objectives and actions in order to avoid a disorderly transition to a net-zero economy.
EPA Proposes Further Extension of Compliance Dates for PIP (3:1)-Containing Articles
Monday, October 25, 2021 The U.S. Environmental Protection Agency (EPA) announced on October 21, 2021, that it is proposing to extend further the compliance dates related to articles containing phenol, isopropylated phosphate (3:1) (PIP (3:1)) to ensure supply chains for key consumer and commercial goods are not disrupted.
New Report Highlights Need for Coordinated and Consistent U.S. Policy to Address Possible Impacts to Financial Stability Due to Climate Change
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Schiff’s New ESG Team
Stakeholders have made clear that corporate responsibility is not just a fad or a slogan. With increasing data showing that sustainable investing opportunities can mitigate risk and deliver strong returns, environmental, social, and governance has quickly become an integral part of a company’s reporting and a significant factor in successful business deals.
Illinois Bill Proposes Statewide Standards for Solar, Wind Farm Energy Facilities
On April 29, Illinois Governor J.B. Pritzker released proposed legislation, SB2896 and HB4074, to set statewide minimum, uniform standards for wind farms and ground-mounted solar energy systems, including setback requirements, height restrictions, and landscape buffer requirements, while maintaining local authority over permitting and final project approval. Currently, Illinois counties have the authority to set all standards and siting procedures for wind and solar energy facilities.
D.C. Circuit Vacates Affordable Clean Energy Rule
January 25, 2021 Affordable Clean Energy Rule Vacated by: Jane E. Montgomery and Bina Joshi New Final Regulations Revise Rules on The Application of Section 163(... by: Enrica Ma and David G. Noren President Biden Repeals Executive Order 13950 Upon Taking Office by: Jessica C. Abrahams and Stacie L. Linguist President Biden Signs Executive Order Extending Workplace Protections... by: Laura Lawless Telecom Alert - Rosenworcel Named Acting Chairwoman; Pole Attachment... by: Jim Baller and Gregory E.
New York Issues RFI for Build-Ready Sites to Host Large-Scale Renewable Energy Developments
Have a large site ready for renewable energy development in New York? The state is looking for you. On July 22, 2020, New York Governor Andrew Cuomo announced a search for possible sites, requesting information (RFI) from local communities and private parties about prospective sites.[1] This announcement furthers New York’s Clean Energy Standard set in 2019 of reaching 70 percent electric power demand from renewable resources by 2030.
Nationwide Permit 12: The Uncertainty Continues
May 29, 2020 Preparing Your Workforce: How to Avoid Legal Landmines When Bringing... by: Ellen M. Bronchetti and Lindsay Ditlow SEC Issues Relief for Investment Companies in Response to COVID-19 by: Terrence O. Davis and Tanya L. Boyle UPDATE: U.S. House of Representatives Seeks to Amend the CARES Act to... by: James M. Kane FINRA Shares Best Practices by Firms to Supervise in a Remote Work... by: Pete S. Michaels and David L. Ward No Rent Abatement for Small Businesses in New Jersey: Landlord/Tenant...
Nationwide Permit 12: The Uncertainty Continues
The viability of Nationwide Permit (NWP) 12 – used to authorize certain actions during utility line construction – is uncertain. After a Montana judge vacated and enjoined the use of the permit nationwide for new oil and gas pipelines,[1] the U.S. Army Corps of Engineers (Corps) immediately appealed to the Ninth Circuit.
Regulated Entities: It’s Time to Speak Up if You Don’t Like How Federal Agents Come Knocking
Federal officials often conduct unannounced, sometimes intrusive inspections of regulated entities, which can be a major disruption to companies’ operations and has historically left them with little to do about it but wait for the interruption to pass – until now.
The Trillion Trees Initiative and Sustainability
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
The Trillion Trees Initiative and Sustainability
The Trillion Trees Initiative was in focus at the January 2020 World Economic Forum in Davos. President Trump endorsed the initiative in his State of the Union address. Companies may want to consider this and other green initiatives as the trend for company sustainability continues to gain traction. What is it?
SEC Indicates it Will Not Modify Climate Change Disclosure Criteria
Tuesday, February 18, 2020 Chairman Jay Clayton provided his own view of climate disclosure criteria, and two other commission members also provided insight at the end of last month. This indicates that climate disclosure issues are top of mind for members and staff at the U.S. Securities and Exchange Commission (SEC). The chair indicated that he would continue to rely on the principles that have guided SEC disclosures for decades.
SEC Indicates it Will Not Modify Climate Change Disclosure Criteria
Chairman Jay Clayton provided his own view of climate disclosure criteria, and two other commission members also provided insight at the end of last month. This indicates that climate disclosure issues are top of mind for members and staff at the U.S. Securities and Exchange Commission (SEC). The chair indicated that he would continue to rely on the principles that have guided SEC disclosures for decades.
New York’s Landmark Climate Bill Creates Massive Investment Opportunities but with Few Details for Businesses
July 18, 2019 Top Five Labor Law Developments for June 2019 by: Jonathan J. Spitz and Philip B. Rosen New York’s Landmark Climate Bill Creates Massive Investment... by: Sarah A. W. Fitts and Jane E. Montgomery Maine Limits Use of Noncompetes and Prohibits Employer No-Poaching... by: Margaret Coughlin LePage Digging into the New HRA Regulations, Part 3 – Premium Tax Credit and... by: Damian A Myers and Kaitlin E. Hulbert U.S. House of Representatives Passes $15 Minimum Wage Bill by: Eric R.
EPA’s Final Power Plant Greenhouse Gas Rule Shifts Emissions Regulation to States
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Project Proponents: Five Tips to Use ESG Criteria in Drawing More Infrastructure Investors
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Top Issues to Watch After Kids’ Climate Suit Lands in Ninth Circuit
Wednesday, February 13, 2019 A case filed in 2015 by 21 minors, Juliana v. United States, seeks to hold the U.S. government liable for climate change. After an Oregon federal judge granted an interlocutory appeal to the defendants following a denial of their motion to dismiss, the case is now pending before the Ninth Circuit.
Four Themes from the National Climate Assessment that May Impact Your Business Strategy
Thursday, November 29, 2018 As climate change is integrated more and more into the planning of corporate opportunities and risks, the Fourth National Climate Assessment released last week may be a valuable resource to assess how climate change may impact your business strategy on the horizon. The assessment, which outlines potential region-by-region impacts from climate change, can be used as a tool to assist companies in understanding the range of possible climate impact.
Infrastructure, Planning Implications, and Midwest Impact of National Climate Assessment
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Trump Administration Replaces Clean Power Plan With Market-Driven Energy Rules
Today, the EPA proposed the Affordable Clean Energy (ACE) rule, meant to replace the Clean Power Plan (CPP). As expected and foreshadowed by its proposed changes to the legal rationale underpinning the CPP, the EPA will regulate only source emissions, not sector-wide emission reduction activities. The EPA claims this “best system of emissions reduction” is consistent with the Clean Air Act Section 111(d) authority and is both technically feasible and appropriate for coal-fired power plants.
Infrastructure Permitting Tug of War Between Trump Administration and Citizen Groups
Streamlining environmental reviews and permitting for infrastructure projects is a major objective of President Trump. And one of the biggest permitting roadblocks that can come up in renewable energy, transmission line, resource recovery, and any other infrastructure projects is potential impacts to wildlife.
Thinking Through Climate Change As A Business Issue
Investor demands for climate change–related reports and risk disclosures in public filings are sometimes dismissed as socially or politically driven, but for many companies, the impact of climate change may pose genuine business risks that, like any other material risk, must be disclosed to investors in accordance with the rules and regulations of the U.S. Securities and Exchange Commission (SEC).
Corporate Disclosure Trends 2018
The arrival of a new year marks the beginning of the annual proxy season. And this year, shareholders can expect to see a lot more climate change disclosure in 2017 corporate financials. Companies now have guidelines to help do that.
Shareholders Demand More Disclosure of Climate-Change Risks
One day before the U.S. withdrawal from the Paris Agreement, ExxonMobil shareholders overwhelmingly voted to require increased attention to and disclosure of the future impact of climate change on business expectations, while Chevron’s shareholders defeated similar proposals.
Four Issues Impacting Public Companies’ Climate Change Disclosures
The pending congressional vote on a continuing resolution to avoid government shutdown also includes a rider aiming to remove funding from the Securities Exchange Commission (SEC) for enforcement of the 2010 Commission Guidance Regarding Disclosure Related to Climate Change. So, should public companies continue to disclose climate change-driven risks and benefits?
Energy Independence is Theme of Trump Environmental Plan
On March 28, 2017, President Trump signed an executive order (EO) called “Promoting Energy Independence and Economic Growth.” The EO rescinds a host of climate change-related policies and rules instituted by the prior administration, including the Clean Power Plan and the Climate Action Plan. This new energy policy promotes all forms of domestic energy, and, as President Trump stated in the rollout, American energy dominance.
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