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In May 2025, the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) proposed rescinding portions of its December 2024 rule that had established new organic certification standards for pet…
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IRA’s Section 6418 Transferable Credits: Will They Be Expanded to Other Industries?
Lately, elected representatives on both sides of the aisle have been displaying an appetite for expanding transferable tax credits to a broader variety of industries. This is evidenced by the…

Executive and Legislative Developments Impacting Renewable Energy
Proposed changes to Inflation Reduction Act tax credits, solar tariffs, restrictions on wind energy, orders promoting fossil fuels, and a push for energy-related deregulation are just a few of the…

Powerful Promises: Performance Guarantees and Liquidated Damages in Solar and Biogas EPC Contracts
Performance guarantees and performance liquidated damages (PLDs) are an essential element of most engineering, procurement, and construction (EPC) contracts, especially those related to solar and biogas projects; they make guaranteed…
Upon becoming law in 2022, the Inflation Reduction Act (“IRA”) extended the opportunity to generate investment tax credits (“ITCs”) to renewable natural gas (“RNG”) projects, incentivizing the development of new…

States Could Fill Potential Enforcement Gaps on Climate Disclosures
On March 6, 2024, the Securities and Exchange Commission (SEC) issued new rules aimed at standardizing climate-related disclosures by public companies. Commonly known as the SEC climate disclosure rules, they…

Balancing Old and New: Developing Renewable Energy Projects and Data Centers on Oil and Gas Sites
Texas has been the top oil and gas producing state in the country since at least the 1970s, today contributing 42% of the nation’s crude oil and 27% of its…

Eliminating the GRAS “Loophole”: Implications for Functional Foods and Beverages
On March 10, 2025, the U.S. Department of Health and Human Services (HHS) announced that U.S. Secretary of HHS Robert F. Kennedy Jr. directed the U.S. Food and Drug Administration (FDA) to…
On February 1, 2025, President Trump issued an executive order titled Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border (Canadian Tariff Order),[1] which, inter…

FERC Moves Closer to Establishing Standardized Rules for Co-location of Large Loads and Generators
At its latest open meeting on February 20, 2025, the Federal Energy Regulatory Commission (FERC) issued an order directing PJM Interconnection, L.L.C. (PJM) and the PJM Transmission Owners (PJM TOs)…
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