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Climate Solutions Legal Digest

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Agriculture Inputs

Fueling RNG: Key Provisions and Practical Considerations in Feedstock Supply AgreementsSharing the Spotlight: A Discussion of Agrivoltaics and the Drafting Considerations in Related Site Control Documents

Alcohol & Beverage

QSBS: Savor the Savings—A Founder’s Recipe for QSBS SavingsElsa’s Impact: Navigating Compliance in an Era of AI-Enhanced FDA OversightCaffeine’s Wake-Up Call: Navigating Legal Risks for Highly Caffeinated Beverage Products

Alternative Farming

Sharing the Spotlight: A Discussion of Agrivoltaics and the Drafting Considerations in Related Site Control Documents

Animal Health

Organic Pet Food Standards: USDA’s Rescission Proposal and What It Means for ProducersUSDA Publishes New Meat and Poultry Labeling GuidanceAg Gag Legislation Revived in Iowa Senate

Battery Storage and Technology

Understanding Texas Bills HB 3809 and HB 3228: New Decommissioning and Recycling Requirements for Battery Energy Storage, Solar, and Wind FacilitiesImpact of Federal Legislation on the Useful Life and Value of Energy Assets Recent Developments from the OBBBA and EO 14315: Rush to Begin Construction and Pricing Uncertainty

Biofuel, Biogas, and Fuel Alternatives

Biogas Meets the Data Center Boom: How Sections 48E and 45Y Are Powering the Next Wave of Clean ElectricityFueling RNG: Key Provisions and Practical Considerations in Feedstock Supply AgreementsIRS Proposes Regulations for Section 45Z Clean Fuel Production Credit

Carbon Solutions

Texas Takes the Wheel: The Railroad Commission’s Class VI Well Primacy and What It Means for Carbon Capture in the Lone Star StateRenewable Natural Gas as Data Center PowerLegal Perspectives On CO2-EOR and CCS

CERLCA

Evolving Regulatory Status of PFAS SubstancesA Revised ASTM Phase I Environmental Site Assessment Standard is ComingPFAS - Regulation is Upon Us

Clean Tech

Fueling RNG: Key Provisions and Practical Considerations in Feedstock Supply AgreementsIRS Notice 2026-15 & Detailed FEOC GuidanceSupreme Court to Hear Legal Challenge to Trump Tariffs

Coal

CWA's Permit Shield Spans SMRCARollback of Obama-Era Policy on Federal Leases HaltedSubstantial Changes Underway at Interior to Reduce Burdens on Oil, Natural Gas, and Coal

Dairy

Restricting Foreign Ownership of U.S. Dairy LandFDA Announces New Qualified Health Claim for Yogurt Products – With LimitationsThe Trademark Trial and Appeal Board Rules U.S. Cheesemakers Can “Say, Gruyere!”

Data Centers

Biogas Meets the Data Center Boom: How Sections 48E and 45Y Are Powering the Next Wave of Clean ElectricityNERC Launches Project 2026‑02 to Address Reliability Risks from Computational LoadsThe New Battleground—Water Rights and Data Center Development in the AI Era

Department of Energy

Texas Takes the Wheel: The Railroad Commission’s Class VI Well Primacy and What It Means for Carbon Capture in the Lone Star StateFERC Begins Shaping the Future of Data Center Co-LocationWhat Does Current Transmission Siting Reform Tell Us About the State of the Grid?

Electric Vehicles & Infrastructure

New Federal Highway Administration Guidance on EV Infrastructure: What Comes Next?Senate Version of One Big Beautiful Bill Act Clarifies Foreign Entity Restrictions on Renewable Energy Tax CreditsSteep Phase-Out of Wind and Solar Tax Credits in Draft Bill Text Released by Senate Finance Committee

Energy Policy

Texas Takes the Wheel: The Railroad Commission’s Class VI Well Primacy and What It Means for Carbon Capture in the Lone Star StateFERC Reaffirms Go-Ahead of Natural Gas Construction During AppealsWhat Does Current Transmission Siting Reform Tell Us About the State of the Grid?

Energy Storage

DOE Genesis Mission: $293M Funding Opportunity for AI in Energy and InfrastructureShared Facilities Agreements: When, Why, and How to Utilize an SFA for Co-Located Energy ProjectsUnderstanding and Managing Severed Mineral Estates in Renewable Energy Projects

Energy Tax Credits

Biogas Meets the Data Center Boom: How Sections 48E and 45Y Are Powering the Next Wave of Clean ElectricityIRS Notice 2026-15 & Detailed FEOC GuidanceIRS Proposes Regulations for Section 45Z Clean Fuel Production Credit

Environmental

Texas Takes the Wheel: The Railroad Commission’s Class VI Well Primacy and What It Means for Carbon Capture in the Lone Star StateRestricting Foreign Ownership of U.S. Dairy LandFederal Climate Disclosure Requirements Wane as State Regulations Grow

EPA

Texas Takes the Wheel: The Railroad Commission’s Class VI Well Primacy and What It Means for Carbon Capture in the Lone Star StateAll That the Light Touches: Two EPA Funding Notices Signal an Intent to Broaden Community Solar DevelopmentEPA Publishes Final Rule Revising Definition of “Waters of the United States”

ERCOT

Co‑Location as Opportunity and Risk: Diligencing Renewable Assets Serving Data Centers in ERCOTTexas Supreme Court Upholds ERCOT’s Sovereign ImmunityFifth Circuit Rules Bankruptcy Court to Abstain from ERCOT-Winter Storm Uri Case

Featured

Revitalize and Recharge: The Emergent Trend of Adaptogens and Nootropics in Functional BeveragesKigali Amendment Reaffirms U.S. Environmental CommitmentThe Pathway to U.S. Hydrogen Development is Established

Federal Energy Regulation

FERC Reaffirms Go-Ahead of Natural Gas Construction During AppealsWhat Does Current Transmission Siting Reform Tell Us About the State of the Grid?FERC Moves Closer to Establishing Standardized Rules for Co-location of Large Loads and Generators

Federal Energy Regulatory Commission (FERC)

FERC Eliminates PJM’s De Minimis Rule and Orders Retroactive Transmission Cost ReallocationsNERC Launches Project 2026‑02 to Address Reliability Risks from Computational LoadsFERC Reaffirms Go-Ahead of Natural Gas Construction During Appeals

Food Safety/FDA

Protein Maxing, Lead Contamination, and the Law: How Supplement Brands Can Stay Ahead of Legal RisksElsa’s Impact: Navigating Compliance in an Era of AI-Enhanced FDA OversightEliminating the GRAS “Loophole”: Implications for Functional Foods and Beverages

Food Systems

Restricting Foreign Ownership of U.S. Dairy LandQSBS: Savor the Savings—A Founder’s Recipe for QSBS SavingsSharing the Spotlight: A Discussion of Agrivoltaics and the Drafting Considerations in Related Site Control Documents

Functional Food

QSBS: Savor the Savings—A Founder’s Recipe for QSBS SavingsProtein Maxing, Lead Contamination, and the Law: How Supplement Brands Can Stay Ahead of Legal RisksElsa’s Impact: Navigating Compliance in an Era of AI-Enhanced FDA Oversight

Grid Management

NERC Launches Project 2026‑02 to Address Reliability Risks from Computational LoadsFERC Continues Shaping the Future of Data Center Use of the Transmission Grid with Approval of SPP’s HILL and HILLGAWhat Does Current Transmission Siting Reform Tell Us About the State of the Grid?

Grid Technology

FERC Eliminates PJM’s De Minimis Rule and Orders Retroactive Transmission Cost ReallocationsNERC Launches Project 2026‑02 to Address Reliability Risks from Computational LoadsDOE Genesis Mission: $293M Funding Opportunity for AI in Energy and Infrastructure

Grocery/Food Processors

QSBS: Savor the Savings—A Founder’s Recipe for QSBS SavingsDOJ and USDA Agree to Work Together on Enforcement of Meat and Poultry Processing SectorIs Your Animal Food Safety Plan up to Snuff?

Hydrogen

Texas Denies Tax Exemption for Hydrogen Fuel in Data CentersSenate Version of One Big Beautiful Bill Act Clarifies Foreign Entity Restrictions on Renewable Energy Tax CreditsSteep Phase-Out of Wind and Solar Tax Credits in Draft Bill Text Released by Senate Finance Committee

Legislative Updates

Impact of Federal Legislation on the Useful Life and Value of Energy Assets Recent Developments from the OBBBA and EO 14315: Rush to Begin Construction and Pricing UncertaintyUnderstanding the OBBBA’s FEOC Framework

Manufacturing

IRS Notice 2026-15 & Detailed FEOC Guidance

Marketing and Labeling

Protein Maxing, Lead Contamination, and the Law: How Supplement Brands Can Stay Ahead of Legal RisksElsa’s Impact: Navigating Compliance in an Era of AI-Enhanced FDA OversightUSDA Publishes New Meat and Poultry Labeling Guidance

Mining

IRA’s Section 6418 Transferable Credits: Will They Be Expanded to Other Industries?The Critical Minerals Supply Chain: A Growing Challenge for the U.S.The Thacker Pass Lithium Mine: Implications for Utility-Scale Energy Storage

Natural Gas

FERC Reaffirms Go-Ahead of Natural Gas Construction During AppealsRenewable Natural Gas as Data Center PowerImpact of Federal Legislation on the Useful Life and Value of Energy Assets 

Oil & Gas

Impact of Federal Legislation on the Useful Life and Value of Energy Assets Balancing Old and New: Developing Renewable Energy Projects and Data Centers on Oil and Gas SitesThe Debt Ceiling Standoff and NEPA: New Changes to the NEPA Review Process

OSHA/MSHA

Tips for Handling a Serious Workplace AccidentOSHA Compliance in the Renewable Energy IndustryOSHA Updates Inspection Guidance for Meat Industry

Precision Agriculture & Robotics

Sharing the Spotlight: A Discussion of Agrivoltaics and the Drafting Considerations in Related Site Control Documents

Project Development

Fueling RNG: Key Provisions and Practical Considerations in Feedstock Supply AgreementsFERC Reaffirms Go-Ahead of Natural Gas Construction During AppealsSharing the Spotlight: A Discussion of Agrivoltaics and the Drafting Considerations in Related Site Control Documents

Real Estate & Land Use

The New Battleground—Water Rights and Data Center Development in the AI EraTexas Takes the Wheel: The Railroad Commission’s Class VI Well Primacy and What It Means for Carbon Capture in the Lone Star StateRestricting Foreign Ownership of U.S. Dairy Land

Regulatory & Legislative

Tips for Handling a Serious Workplace AccidentThe New Battleground—Water Rights and Data Center Development in the AI EraDOE Genesis Mission: $293M Funding Opportunity for AI in Energy and Infrastructure

Renewable Energy & Clean Fuels

Biogas Meets the Data Center Boom: How Sections 48E and 45Y Are Powering the Next Wave of Clean ElectricityCo‑Location as Opportunity and Risk: Diligencing Renewable Assets Serving Data Centers in ERCOTFueling RNG: Key Provisions and Practical Considerations in Feedstock Supply Agreements

Solar Energy

Sharing the Spotlight: A Discussion of Agrivoltaics and the Drafting Considerations in Related Site Control DocumentsUnderstanding Texas Bills HB 3809 and HB 3228: New Decommissioning and Recycling Requirements for Battery Energy Storage, Solar, and Wind FacilitiesNew Changes in DOI Approval Process for Wind & Solar Projects

State Energy Policy & Regulation

Texas Denies Tax Exemption for Hydrogen Fuel in Data CentersFederal Climate Disclosure Requirements Wane as State Regulations GrowVirginia Rules Certain Wind Energy Equipment Exempt from Sales Tax

Supply Chain

Fueling RNG: Key Provisions and Practical Considerations in Feedstock Supply AgreementsIRS Notice 2026-15 & Detailed FEOC GuidanceSupreme Court to Hear Legal Challenge to Trump Tariffs

Sustainability

Fueling RNG: Key Provisions and Practical Considerations in Feedstock Supply AgreementsIRS Proposes Regulations for Section 45Z Clean Fuel Production CreditSharing the Spotlight: A Discussion of Agrivoltaics and the Drafting Considerations in Related Site Control Documents

Transmission and Interconnection

FERC Eliminates PJM’s De Minimis Rule and Orders Retroactive Transmission Cost ReallocationsCo‑Location as Opportunity and Risk: Diligencing Renewable Assets Serving Data Centers in ERCOTFERC Continues Shaping the Future of Data Center Use of the Transmission Grid with Approval of SPP’s HILL and HILLGA

Uncategorized

Fusion Energy: Powering the FutureProduction Tax Credits and Bankruptcy – Are Your PTC Rights at Risk?Changes to come as Biden revisits WOTUS rulemaking and guidance issued by Trump

USDA

Restricting Foreign Ownership of U.S. Dairy LandOrganic Pet Food Standards: USDA’s Rescission Proposal and What It Means for ProducersUSDA Publishes New Meat and Poultry Labeling Guidance

Utilities

FERC Eliminates PJM’s De Minimis Rule and Orders Retroactive Transmission Cost ReallocationsNERC Launches Project 2026‑02 to Address Reliability Risks from Computational LoadsFERC Moves Closer to Establishing Standardized Rules for Co-location of Large Loads and Generators

Wind Energy

Understanding Texas Bills HB 3809 and HB 3228: New Decommissioning and Recycling Requirements for Battery Energy Storage, Solar, and Wind FacilitiesVirginia Rules Certain Wind Energy Equipment Exempt from Sales TaxNew Changes in DOI Approval Process for Wind & Solar Projects
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