Blog

Energy & Climate Counsel

Your one-stop resource for timely analysis of legal and policy developments affecting the energy and climate sectors. We focus on the issues that matter most to you, from federal and state policy and judicial decisions to business trends and financing news.

Updated Hydrogen Emissions Model Provides Key Insights into Biogas and Fugitive Methane Feedstock Emissions
Blog January 17, 2025
Updated Hydrogen Emissions Model Provides Key Insights into Biogas and Fugitive Methane Feedstock Emissions
On January 15, 2025, Department of Energy released updated versions of the 45VH2-GREET lifecycle greenhouse gas emissions model and accompanying instructional manual…
A Boon for Biogas: Treasury’s Final Section 48 ITC Rules Resolve Key Concerns for Biogas and RNG Projects
Blog December 09, 2024
A Boon for Biogas: Treasury’s Final Section 48 ITC Rules Resolve Key Concerns for Biogas and RNG Projects
On December 4, 2024, the Department of the Treasury finalized new rules governing the Section 48 Investment Tax Credit. The ITC applies to a broad range of clean energy projects, including biogas projects, which were added to the ITC by the Inflation Reduction Act…
Treasury and IRS Issue Guidance on Calculating Lifecycle GHG Emissions for IRA’s Sustainable Aviation Fuel Tax Credit
Blog May 03, 2024
Treasury and IRS Issue Guidance on Calculating Lifecycle GHG Emissions for IRA’s Sustainable Aviation Fuel Tax Credit
On April 30, 2024, Treasury and IRS released key guidance on how sustainable aviation fuel producers must calculate their SAF’s lifecycle greenhouse gas emissions for certain tax credits under the Inflation Reduction Act. The guidance, Notice 2024-37, creates safe harbors for SAF producers who opt to use a new GHG emissions model, SAF40B-GREET, released by Department of Energy in conjunction with the IRS guidance…
What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business Regulation Act
Blog March 22, 2024
What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business Regulation Act
On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the nation, aimed at regulating participants in the voluntary carbon offset market…
EPA's Proposed RFS Rule: Impacts on Biogas and RNG
Blog January 11, 2023
EPA's Proposed RFS Rule: Impacts on Biogas and RNG
Last month's proposed rulemaking for the Renewable Fuel Standard (“RFS”) from the Environmental Protection Agency (“EPA”) proposed significant changes to the RFS Program, which we summarized in a prior post.  One of the major changes in the proposed rule is its treatment of biogas and renewable natural gas (“RNG”): the rule would open up new potential RIN generation from biogas through changes to the eRIN program and the establishment of RNG as a biointermediate…
Biden Announces New Initiative on “Game-Changing” Technologies for Achieving Net-Zero Emissions
Blog November 04, 2022
Biden Announces New Initiative on “Game-Changing” Technologies for Achieving Net-Zero Emissions
On November 4, 2022, the White House announced a new initiative to support research and development projects on 37 “game-changing” technologies to advance the Biden Administration's goal of net-zero emissions by 2050. Led by an interagency working group, the “Net-Zero Game Changers Initiative” will direct billions of dollars under the bipartisan infrastructure law, the CHIPS and Science Act…
D.C. Circuit 2019 RVO Decision is a Mixed Bag for Biofuels
Blog July 30, 2021
D.C. Circuit 2019 RVO Decision is a Mixed Bag for Biofuels
The biofuels industry has had a challenging season in the courts. Several weeks ago, the U.S. Supreme Court overturned a decision by the U.S. Court of Appeals for the Tenth Circuit that had limited EPA's ability to grant waivers to small refiners that allow them to escape compliance obligations under the federal Renewable Fuel Standard (RFS) Program. Then, the U.S. Court of Appeals for the District of Columbia Circuit (the D.C…
Massachusetts Legislature Passes Bill Increasing Net Metering Caps, Creating Net Metering Task Force and Creating REC For Renewable Thermal, Solar Thermal, Geothermal Ground- and Air-Source Heat Pumps
Blog August 01, 2014
Massachusetts Legislature Passes Bill Increasing Net Metering Caps, Creating Net Metering Task Force and Creating REC For Renewable Thermal, Solar Thermal, Geothermal Ground- and Air-Source Heat Pumps
In the final hours of its legislative session, the Massachusetts legislature passed legislation to create a thermal energy REC program in the Commonwealth, lift the caps on the Commonwealth's existing net metering regime and appoint a 17-member “Net Metering Task Force” to study the “future of net metering.” Net Metering Caps Rather than enacting an anticipated comprehensive overhaul of solar regulations and incentives in the Commonwealth (which would have completely lifted net metering…

Blog Editors

ABOUT

Foley Hoag’s Energy & Climate Counsel blog aims to be your one-stop resource for timely analysis of legal and policy developments affecting the energy and climate sectors. We focus on the issues that matter most to our readers, from federal and state policy and judicial decisions to business trends and financing news.

Our authors, comprised of attorneys from the firm’s Energy & Climate practice, have been active in the energy and climate space for decades, counseling clients across the spectrum – from new, innovative technology companies to large utility-scale power projects. Recognizing early on the common concerns of the renewable and traditional energy fields, we established one of the first integrated practices to serve all segments of the energy and clean technology sectors. We believe this tight integration provides us with the insight to analyze the pressing issues, trends and opportunities that those in this industry have come to expect.

Related Services

Our fluency in healthcare laws and policy helps us to help our clients develop successful strategies for navigating the complex health care environment. Learn more about our practices and focus areas within the healthcare industry:

Industry
Energy & Climate
During this era of innovation and disruption across the energy, clean technology and climate industries, we guide clients through a complex and evolving technology, regulatory and financing landscape
Practice
Capital Markets
Our Capital Markets practice covers the full spectrum of securities offerings, helping clients structure transactions and in navigate regulatory requirements to enable clients to obtain necessary funding and exploit market windows from initial funding through exits.
Practice
Global Business & Human Rights
Launched over two decades ago, our Global Business & Human Rights practice was one of the first to help clients implement and advance internationally recognized human rights, social and environmental policies that align with legal requirements and emerging best practices while protecting operations from risk.
Practice
Environmental Permitting & Compliance
Environmental compliance is an essential part of doing business. We provide our clients with legal strategies based on deep knowledge of laws and regulations, and innovative approaches crafted around your business needs.
Practice
Patent Prosecution, Strategy & Management
Our respected patent attorneys, patent agents and technology specialists help clients successfully develop and manage intellectual property to achieve their business goals
Practice
Emerging Company & Venture Capital
Our lawyers have a long track record of partnering with high growth companies and the investors powering the innovation, on their journey from idea to exit.
Practice
Environmental, Social & Governance
Our multi-disciplinary team — comprised of business, litigation, energy, environmental, and human rights advisors — will help you develop and implement an ESG program specifically designed for your organization’s needs. We’ve been doing this since the 1980s, and have the experience and institutional memory to craft impactful and cutting edge ESG strategies.

Blog Editors

Blog Authors

Stay Up to Date

Subscribe to Energy & Climate Counsel

We use cookies to enhance user experience, improve functionality and performance, and for analysis of website traffic. By clicking “accept”, you agree to the use of cookies. For more information about our cookie policy and the information we collect, please review our Privacy Statement.