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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…
Hydrogen Tax Credit Guidance to Be Finalized by Year’s End; Department of Energy Opens Emissions Value Request Process for Clean Hydrogen Producers
Blog October 03, 2024
Hydrogen Tax Credit Guidance to Be Finalized by Year’s End; Department of Energy Opens Emissions Value Request Process for Clean Hydrogen Producers
After months of waiting to see how federal regulators might advance clean hydrogen tax policy in the runup to and following the November election, we are finally getting some news…
IRS Issues Guidance and Requests Comment on Provisional Emission Rate Process for Hydrogen Tax Credit
Blog April 12, 2024
IRS Issues Guidance and Requests Comment on Provisional Emission Rate Process for Hydrogen Tax Credit
On April 10, 2024, Department of Treasury and the Internal Revenue Service issued further guidance on the “Provisional Emission Rate” process for the Inflation Reduction Act’s Hydrogen Production Tax Credit. The guidance expands on certain elements of “emissions value request process” that Department of Energy will administer and requests additional comment from stakeholders…
IRS Releases Guidance on SAF Tax Credit and Signals Forthcoming Revisions to GREET Model for Determining Lifecycle GHG Emissions Reductions
Blog December 20, 2023
IRS Releases Guidance on SAF Tax Credit and Signals Forthcoming Revisions to GREET Model for Determining Lifecycle GHG Emissions Reductions
On December 15, 2023, IRS published Notice 2024-06, a brief but important guidance on Section 40B, the Inflation Reduction Act (“IRA”) tax credit for sustainable aviation fuel (“SAF”). The guidance establishes a safe harbor for SAF that generates RINs under the federal Renewable Fuel Standard program (“RFS”). It also announces that the Department of Energy (“DOE”) will release an updated GREET model in early 2024 that meets Section 40B's requirements for determining SAF's lifecycle……
Department of Energy Chooses Seven Regions for $7 Billion in Hydrogen Hubs Funding
Blog October 13, 2023
Department of Energy Chooses Seven Regions for $7 Billion in Hydrogen Hubs Funding
This morning, the Department of Energy decided how it will allocate up to $7 billion of Bipartisan Infrastructure Law (“BIL”) funding set aside for establishing regional Hydrogen Hubs. The funding could be critical to jump-starting the country’s clean hydrogen economy. It will support projects for clean hydrogen production, distribution, and end-use within the Hub regions…
Energy Department Launches Hydrogen Interagency Task Force, But Few Details Emerge on Status of Federal Hydrogen Programs
Blog August 21, 2023
Energy Department Launches Hydrogen Interagency Task Force, But Few Details Emerge on Status of Federal Hydrogen Programs
The Department of Energy (“DOE”) held a webinar on Friday, August 18, 2023 on the U.S. government’s national hydrogen strategy. The main announcement was the formation of the Hydrogen Interagency Task Force, or “HIT,” but…
DOE Considers $1 Billion Program to Spur Demand for Clean Hydrogen and Seeks Stakeholder Input
Blog July 06, 2023
DOE Considers $1 Billion Program to Spur Demand for Clean Hydrogen and Seeks Stakeholder Input
The Bipartisan Infrastructure Law appropriated $8 billion for developing Hydrogen Hubs—regional networks to produce, distribute, and use clean hydrogen to curb greenhouse gas emissions without the need to build long pipelines or develop other costly shipping infrastructure to transport hydrogen from one side of the country to the other…
Regional Hydrogen Hubs: Getting Clean Hydrogen Where It Needs to Go
Blog June 09, 2023
Regional Hydrogen Hubs: Getting Clean Hydrogen Where It Needs to Go
[This is the fourth post in our Hydrogen Blog Series. Read the rest of the series here.] In the last post, we identified that costs are one of clean hydrogen's biggest barriers.  Another barrier is the lack of sufficient infrastructure for producing and transporting clean hydrogen.  Here, we'll discuss the Department of Energy's (“DOE”) plan to tackle this barrier through its new Regional Clean Hydrogen Hubs Program…
Tackling the Cost of Clean Hydrogen under the Bipartisan Infrastructure Law and the Inflation Reduction Act
Blog May 23, 2023
Tackling the Cost of Clean Hydrogen under the Bipartisan Infrastructure Law and the Inflation Reduction Act
[This is the third post in our Hydrogen Blog Series. Read the first post here and the second post here] One of the biggest hurdles for clean hydrogen is high costs.  The Department of Energy graph below says it all.  Today, a kilogram of hydrogen produced by electrolysis costs around $5 to $7…
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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.

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