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West Virginia v. EPA Limits the Federal Government’s Power to Promote Clean Energy and Combat Climate Change

Law and Environment

EPA on Thursday, June 30, 2022, curbing the power of the Environmental Protection Agency (EPA) to regulate greenhouse gas emissions from power plants across the country. The decision focuses on EPA’s authority under a specific section of the Clean Air Act. What does this mean for clean energy projects?

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Local Government Associations File Brief to the Supreme Court in Support of EPA’s Clean Air Act Authority

Law Columbia

The case concerns the scope of the United States Environmental Protection Agency’s (EPA) authority to regulate greenhouse gas emissions from existing fossil fuel power plants under Section 111(d) of the Clean Air Act (CAA). In January 2021, the D.C. Read the brief here.

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EPA seeks public input on Greenhouse Gas Reduction Fund

Environmental News Bits

The Inflation Reduction Act of 2022 amended the Clean Air Act to create the Greenhouse Gas Reduction Fund, a new program which will deploy $27 billion in competitive grants to mobilize financing for clean energy and climate projects that reduce or avoid greenhouse gas emissions, especially in disadvantaged communities.

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The Profound Climate Implications of Supreme Court’s West Virginia v. EPA Decision

Union of Concerned Scientists

Because while this decision does still recognize EPA’s authority to regulate greenhouse gas emissions, it simultaneously sharply curtails the agency’s ability to do so. EPA did not revoke EPA’s underlying authority to regulate greenhouse gas emissions under the Clean Air Act. ” Justice Kagan, dissenting.

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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

It also announces that the Department of Energy (“DOE”) will release an updated GREET model in early 2024 that meets Section 40B’s requirements for determining SAF’s lifecycle greenhouse gas (“GHG”) emissions reductions. 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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D.C Circuit Court of Appeals Vacates Affordable Clean Energy Rule

Vorys Law

EPA’s 2019 Affordable Clean Energy Rule (ACE Rule). The 2019 ACE Rule replaced the 2015 Clean Power Plan as a means of regulating greenhouse gas (GHG) emissions from power plants. hinged on a fundamental misconstruction of Section 7411(d) of the Clean Air Act.” Circuit issued an Order vacating U.S.

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

Union of Concerned Scientists

But hydrogen can be cleanly produced and, with the right guardrails in place, that clean hydrogen can then be used to clean up polluting parts of the economy that can’t readily convert to running on renewable electricity. Otherwise, hydrogen will slow the clean energy transition, not speed it. the “three pillars”).