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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). EPA , a case that is currently before the United States Supreme Court. In January 2021, the D.C.

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EPA’s Power Plant Carbon Rules Are Critical—and Complex. Here’s What to Know, and What to Watch.

Union of Concerned Scientists

This is despite the clean energy progress the power sector has experienced to date—and despite the groundwork laid for more progress from leading states, as well as the recently passed Inflation Reduction Act (IRA). And more gas is slated to come. So what follows from that obligation? So what follows from that obligation?

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

Union of Concerned Scientists

That’s because the case, which was about the nature and scope of EPA authority in regulating carbon emissions from existing power plants, turned on a rule that does not exist. 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.

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

Union of Concerned Scientists

In late December, the Treasury Department and the Internal Revenue Service (IRS) released proposed regulations for the Section 45V Clean Hydrogen Production Tax Credit. The tax credit, passed as part of 2022’s Inflation Reduction Act, provides a generous incentive for the production of clean hydrogen.

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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

Or, they may use “any similar methodology that satisfies the criteria under § 211(o)(1)(H) of the Clean Air Act.” The RFS credits certain biomass-derived jet fuels that either (1) fall within one of six generally applicable production pathways established by program regulations; or (2) receive company-specific approval from EPA.

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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. EPA has the authority to regulate GHG emissions, “the central operative terms of the ACE Rule. Circuit issued an Order vacating U.S.