As noted here in November 2021 and October 2023, the renewable energy sector faces growing concerns over its vulnerability to cyberattacks. Since then, the situation has not improved; the U.S. electrical grid has grown more vulnerable to cyberattacks,[1] with domestic utilities experiencing a 70% surge in cyberattacks in 2024.[2]
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
One promising solution to climate change is Carbon Capture, Utilization and Storage (“CCUS”). CCUS involves capturing carbon oxides, primarily carbon dioxide (CO2), for permanent storage or potential utilization. Interest in CCUS increased after the Inflation Reduction Act (“IRA”) revamped Section 45Q of the US Tax Code to expand tax
The dramatic increase in the use cases for data storage, artificial intelligence and cloud computing have resulted in an atmospheric level rise in the demand for data centers, and the question of providing sufficient power to support those data centers has become paramount. Simultaneously, there has been an increasing emphasis on utilizing green energy as corporations and end-market consumers are seeking ways to reduce greenhouse gas emissions as well as their own carbon footprints. The co-location of data centers with renewable energy projects, such as solar and wind farms, offers a unique opportunity to address both energy needs and sustainability goals.
While co-location may seem straightforward from a real estate or title perspective—akin to a typical commercial ground lease—there are several legal, environmental, and operational factors that developers and stakeholders need to consider before breaking ground. Examining these considerations, including potential environmental concerns, equipment lifespan, energy load implications, and the overall impact of co-location are critical in determining the financial and practical viability of a development project.
Although artificial intelligence (“AI”) dominated financial, technological, and even social conversations in 2024, less attention was paid to the reality that AI’s emergence entails substantial increases in energy demand, specifically electricity. Consider that a single ChatGPT query requires 2.9 watt-hours of electricity, compared to 0.3 watt-hours for a Google search, according to the International Energy Agency. Data centers housing tens of thousands of square feet of computing hardware power AI technology, and Goldman Sachs Research estimates those data centers will see power demand grow 160% by 2030, when these facilities will use an estimated 8% of all U.S. power.
The United States Environmental Protection Agency (EPA) in July of this year designated two PFAS (perfluoroalkyl and polyfluoroalkyl substances) chemical types as “hazardous substances” under the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA, better known as the Superfund liability law), which has had a major impact in the ever-evolving environmental regulatory arena. PFAS substances are commonly referred to as “forever chemicals” because, according to the EPA, they are difficult to break down and can accumulate and persist in the human body for long periods of time. Because PFAS chemicals have been manufactured and used in a large variety of products for decades, the EPA states that they are found in water, air, fish and soil at locations around the globe. The Superfund designation is part of a larger EPA strategy to address PFAS contamination, including promulgation in April of this year of new and very strict standards for PFAS in drinking water. In addition, there has been movement by several states to regulate PFAS, including some that are imposing bans on use of PFAS chemicals in a growing range of products.
On December 19, 2024, FERC issued a Notice of Proposed Rulemaking (NOPR) to approve the addition of the newly defined term “Ride-through” to the North American Electric Reliability Corporation (NERC) Glossary of Terms and to approve the proposed Protection and Control (PRC) Reliability Standards PRC-024-4 (Frequency and Voltage Protection Settings for Synchronous Generators, Type 1 and 2 Wind Resources, and Synchronous Condensers) and PRC-029-1 (Frequency and Voltage Ride-through Requirements for Inverter-Based Resources (IBR)). According to FERC, these reliability standards are intended to address reliability gaps associated with IBRs tripping or entering momentary cessation in aggregate. The new rules will ensure that IBRs are able to “ride through” frequency and voltage excursions, such as faults on the transmission or sub-transmission system. In the NOPR, FERC seeks comments on the proposed rules and the need for informational filings that would help FERC analyze the impact of proposed exemptions in the rules for certain IBRs.
Carbon capture and sequestration (CCS) is a highly effective means of reducing carbon dioxide (CO₂) emissions and mitigating climate change. This process, which has been utilized for decades, involves capturing CO₂ from sources like natural gas-fired power plants and then transporting it to underground storage facilities. The captured CO₂ is stored or sequestered in pore spaces of subsurface formations. A “pore space” in this context is typically defined as a subsurface cavity or void, whether naturally or artificially created, that can be used as a storage space CO₂.
To succeed in the growing functional beverage industry, understanding key legal issues is crucial. As new functional beverage brands continue to emerge, business owners need to consider a variety of legal issues, including (1) proper product categorization, (2) appropriate advertising and marketing claims, (3) engaging with influencers, (4) working with contract manufacturers, (5) ensuring adequate IP protections, and (6) selecting the appropriate corporate entity structure.