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IRS Releases Guidance on SAF Tax Credit and Signals Forthcoming Revisions to GREET Model for Determining Lifecycle GHG Emissions Reductions

Law and Environment

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”). Or, they may use “any similar methodology that satisfies the criteria under § 211(o)(1)(H) of the Clean Air Act.”

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“Major Questions” for Texas (and for the Environment)

Legal Planet

In rejecting EPA’s plan to regulate greenhouse gas emissions from existing power plants under Section 111(d) of the Clean Air Act, the Court stated that “agency decisions of vast economic and political significance” (i.e., those that pose “major questions”) must be made “pursuant to a clear delegation” from Congress.

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Livestock Operations Are Responsible for Over Half of California’s Methane Emissions—Why Won’t CARB Regulate Them?

Legal Planet

To identify which fuels should be promoted, CARB calculates the life cycle greenhouse gas emissions from transportation fuels. In these “carbon intensity” calculations, CARB is not allowed to count reductions in greenhouse gas emissions that are already required by law. Agricultural operations are almost uniquely unregulated.

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UCS Testimony on the Clean Hydrogen Production Tax Credit

Union of Concerned Scientists

From March 25 to March 27, 2024, the U.S. Department of the Treasury is hosting a public hearing on the December 2023 proposed regulations governing implementation of the Section 45V Credit for Production of Clean Hydrogen. Presented via telephone during the March 27, 2024, public hearing for Docket ID No. REG-117631-23.

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Mary Nichols’ new role at the Emmett Institute

Legal Planet

The New York Times reported last week that the Biden administration is preparing to restore California’s waiver to set greenhouse gas auto emissions standards stricter than the federal government’s rules. This post is co-authored by Daniel Melling, communications manager at the Emmett Institute. Photo credit: Todd Cheney.

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Proposed Electrolyzer Requirements for the Hydrogen Tax Credit: Strengths and Risks

Union of Concerned Scientists

Finding careful resolution to these issues will be a key point of focus over the comment period for these regulations, which is set to run through February 26 th , 2024. Foremost among these is a legal memo from EPA regarding Treasury’s interpretation and implementation of “lifecycle greenhouse-gas emissions” in 45V.

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EPA Announces Its Final National Enforcement and Compliance Initiatives

E2 Law Blog

Environmental Protection Agency (EPA) announced its final, revised National Enforcement and Compliance Initiatives (NECIs) for fiscal years 2024-2027, seven months after soliciting public comment on its proposals. See Public Comment on EPA’s National Enforcement and Compliance Initiatives for Fiscal Years 2024–2027 , 88 Fed.

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