Photovoltaic solar panels on sunset sky background,green clean e

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 levels of project performance, quality, and output enforceable. Specifically, PLDs compensate project owners for financial losses (or a reasonable approximation of them) incurred when projects fail to meet performance guarantees. Appropriately structuring PLDs in EPC contracts requires protecting project owners while balancing the risks for contractors, whose costs will often increase commensurate with increased contract risk. Ultimately, well-structured PLDs protect project owners, allocate appropriate risk to EPC contractors, and reassure financing parties that projects will perform as anticipated.

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 projects and enabling some projects already in the development pipeline to capture material new value. Specifically, the IRA provided for the generation of ITCs pursuant…

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 require companies to provide detailed information about their climate-related risks, governance practices, and strategies. Specifically, the rules mandated that companies report their greenhouse gas (GHG) emissions, including Scope 1 emissions (direct emissions) and Scope 2 emissions (indirect emissions from purchased energy); however, the rules faced immediate pushback from various stakeholders, including industry groups and political opponents. In April 2024, the SEC announced a stay of the implementation of the regulations pending judicial review.

Wind turbine energy generaters on wind farm

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 natural gas.[1] Now, the Lone Star State is also experiencing a boom in renewable energy and data center development thanks to its abundant land, economic incentives, light regulations, and favorable energy prices. However, developers should exercise caution when purchasing or leasing property in Texas for these types of projects, as it is not uncommon to discover that this land may also be home to abandoned or even active oil or gas wells.

Silver Spring, MD, USA - June 25, 2022: The FDA White Oak Campus

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 explore closing the GRAS self-affirmation “loophole” for additives in food products.

In the statement issued by HSS, Secretary Kennedy claimed that “[i]ngredient manufacturers and sponsors have exploited a loophole that has allowed new ingredients and chemicals—often with unknown safety data—to be introduced into the US food supply without notification to the FDA or the public.”

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 alia, imposed a 10 percent import tariff on “energy or energy resources” that “are products of Canada.”[2] Additional detail on this order can be found here. Although delayed during negotiations between the US and Canada,[3] the Canadian Tariff Order, including its 10% energy import tariff, ultimately went into effect on March 4, 2025. On March 6, 2025, President Trump issued an executive order exempting goods qualifying under the United States-Mexico-Canada Free Trade Agreement (USMCA) from the Canadia Tariff Order effective 12:01 a.m. on March 7, 2025. However, the President has indicated that the 10% tariff on such goods will resume on April 2, 2025.

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) to demonstrate why the PJM Tariff’s lack of clear rules for co-location arrangements is acceptable or to explain the Tariff changes they would propose to address co-location issues (Show Cause Order). FERC’s Order is focused on the PJM region because there are several contested FERC proceedings involving co-location arrangements in PJM. However, FERC has indicated that it intends to act quickly on co-location arrangements across its jurisdiction. Accordingly, the results of the PJM Show Cause proceeding will likely serve as precedent in other RTO and non-RTO regions under FERC’s jurisdiction. 

Introduction: CO2-EOR vs. CCS

In recent years, the importance of carbon capture technology has grown significantly as a means to combat climate change. With the emergence and advancement of geologic technologies, and their application in the energy industry, many industrial companies are deploying both CO2 Enhanced Oil Recovery (CO2-EOR) and…

The Trump administration issued several executive orders and memorandums on the President’s first days in office, targeting the energy industry. Key actions include halting certain new federal actions for offshore and onshore wind projects and revisiting existing programs and policies. However, the impacts of the executive actions appear to be limited thus far. Privately funded…