California Governor Gavin Newsom signed two climate disclosure bills into law on October 7, 2023. They will impose significant reporting obligations on thousands of companies doing business in California.

The U.S. Patent and Trademark Office extended its Climate Change Mitigation Pilot Program on June 6, 2023, encouraging inventors to play a more significant role in mitigating climate change. The USPTO created the CCMPP more than a year ago in response to President Biden’s Executive Order 14008, which supports climate action throughout the United States.

On May 30, 2023, the Bureau of Ocean Energy Management announced its final environmental assessment considering the effects of site characterization and site assessment activities associated with the leasing of federal waters in the Gulf of Mexico for offshore wind development. BOEM’s issuance of the final environmental assessment is one of the last steps before it holds the first-ever offshore wind lease auction in the Gulf of Mexico, which is anticipated to occur in fall 2023.

The U.S. District Court for the District of Massachusetts granted the government’s motion for summary judgment on May 17, 2023, in a case seeking to invalidate agency approvals of the first utility-scale offshore wind project in the United States.

On May 12, 2023, the U.S. Department of the Treasury issued Notice 2023-38, which contains the first rules concerning the domestic content bonus credits for renewable electricity, renewable natural gas, energy storage, hydrogen storage, and some hydrogen facilities pursuant to Code Sections 45, 48, 45Y, and 48E.

The Internal Revenue Service published guidance on April 17, 2023, in the form of a Notice of Proposed Rulemaking, detailing the critical minerals and battery components requirements under Section 30D, enacted by the Inflation Reduction Act of 2022.

The development of clean hydrogen—a key component to meeting the Biden Administration’s ambitious clean energy goals—was bolstered this week by the Administration’s announcements of the Pathways to Commercial Liftoff: Clean Hydrogen report and of $750 million in funding for research, development, and demonstration of clean hydrogen technologies. Because of its reliance on renewable energy, green hydrogen presents a significant opportunity for the offshore wind industry. As highlighted in the White House Ocean Climate Action Report, released on March 21, 2023, offshore wind development is a priority in the United States, with the Administration’s goal to deploy 30 gigawatts of offshore wind by 2030 and 15 GW in floating offshore wind by 2035.

Two climate-related regulatory programs impacting business and industry in Washington state took effect on January 1, 2023. First, the Climate Commitment Act (CCA) introduces an economywide emissions cap-and-invest program. Second, the Clean Fuels Program will regulate transportation emissions. Together, these programs are intended to help the state reach ambitious statutory emissions reductions targets, including a goal of achieving a 95% reduction in greenhouse gas emissions below 1990 levels by 2050.

When you put it that way, California’s new plan to phase out gas-powered cars by 2035 hits differently—the transition is real and will accelerate soon.

The Internal Revenue Service published a fact sheet clarifying changes in federal clean vehicle tax credits enacted through the Inflation Reduction Act in August 2022.

The 27th United Nations Climate Change Conference of the Parties was held in Sharm el-Sheikh, Egypt, in November 2020. While much was discussed during the conference, this Update includes key takeaways that may be of greatest interest to business leaders.

The California Air Resources Board, on August 25, 2022, voted to adopt the lengthy and complex second iteration of the state’s ambitious zero-emission vehicle regulation now set to fully phase out the sale of conventional gas-powered vehicles by 2035.

President Biden signed into law the Inflation Reduction Act on August 16, 2022, which, among other things, uses the tax code to slow the effects of climate change by significantly investing in clean energy and reducing of greenhouse gas emissions by 40% by 2030.

The Bureau of Ocean Energy Management published its notice of intent on Friday, July 15, 2022, to prepare a programmatic environmental review to analyze the potential impacts of wind energy development activities in the New York Bight—offshore New York and New Jersey.

Gov. Newsom signed AB 205 into law on June 30, 2022, a legislative effort that significantly expands the California Energy Commission’s jurisdiction and encourages the development of new clean energy projects.

On April 14, 2022, the Federal Energy Regulatory Commission accepted a “State Agreement Approach” Agreement between PJM Interconnection, LLC and the New Jersey Board of Public Utilities effective April 15, 2022.

President Biden, on March 31, 2022, invoked the Defense Production Act to secure reliable supply chains for minerals essential to a clean energy transition.

The Bureau of Ocean Energy Management (BOEM) released its final sale notice (FSN) for two lease areas totaling 110,091 acres in the Carolina Long Bay Area on March 25, 2022.

Offshore wind energy development received a huge dose of momentum at the end of February, as the Bureau of Ocean Energy Management (BOEM) held the largest offshore wind lease sale ever in the United States.

A New Jersey based nonprofit organization, Save Long Beach Island, and its president sued in the U.S. District Court for the District of Columbia in January 2022.

The U.S. Environmental Protection Agency, on March 14, 2022, issued both a final rule incorporating revised ASTM International standard practices, ASTM International’s E1527–21 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,’’ and a proposed rule soliciting comment on this action.

Offshore wind development in the United States continues to draw opposition from coastal landowners, businesses, organizations, and other users of ocean waters, as it has since the industry first emerged here.

President Biden signed an executive order on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by 2050

President Biden signed an executive order on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by 2050.

The Infrastructure Investment and Jobs Act, signed into law by President Biden on November 15, 2021, has the potential to transform the surface transportation sector in the United States.

The Washington Department of Commerce released its 2021 State Energy Strategy this month.

The Biden administration’s “Clean Energy Revolution” includes a wide range of legislative and executive priorities to reach its net-zero emissions target by 2050.

The Energy Facility Site Evaluation Council (EFSEC) is continuing its efforts to develop a streamlined process for permitting solar energy facilities in Washington State

Companies should be aware that Supplemental Environmental Projects (SEPS)—voluntary environmental or public health benefit projects in lieu of payment of civil penalties for violation of federal environmental laws—will no longer be available in discussions to resolve and reduce liability for environmental law violations as of March 12, 2020.

A federal court recently prohibited the U.S. Department of the Interior from approving any plans or permits for offshore fracking off the California coast until it complies with the Endangered Species Act (ESA) and the Coastal Zone Management Act (CZMA).

The United States Department of Transportation recently released its latest policy statement on automated vehicle technologies, Automated Driving Systems 3.0: Preparing for the Future of Transportation. 

Thanks to better technology and lower costs, fuel efficient electric vehicles (EVs) are on the move in nearly every state in the country.

President Donald J. Trump issued Executive Order 13807, on August 15, 2017, which is intended to accelerate the environmental review and permitting for infrastructure projects that require an environmental impact statement under the National Environmental Policy Act.

The U.S. Congress has started to explore potential legislation governing the testing and regulation of autonomous vehicles.

On April 20, the Federal Circuit issued its long-awaited en banc decision in TiVo Inc. v. EchoStar Corp.,[1] vacating one ground for a contempt citation but affirming the other and upholding a $90 million sanction.  Along the way, the court significantly revised its approach to contempt proceedings in ways that may both help and hurt patentees in future cases.

Until recently, the taxability of Smart Grid Investment Grants (SGIGs) was an undecided issue. Effective March 10, 2010, the Internal Revenue Service (IRS) has announced that these grants will be treated as nonshareholder contributions to the capital of grant recipients and thus not included in their taxable gross income.

Environmentally friendly advertising claims effectively grab the attention of consumers hungry for "green" products and services. But as you prepare your holiday advertising, there are several things to keep in mind if you are making "green" claims.

We will resolve once and for all which security is the superior instrument for funding an early-stage technology company.

Perkins Coie hosted the March CleanTech Alliance Breakfast Briefing. Virginia Emery, Founder and CEO of Beta Hatch, discussed thinking ‘outside the field’ and the need for innovation in new sectors of agriculture.

Perkins Coie hosted the February CleanTech Alliance Breakfast Briefing. The Fusion Energy Technology Panel featured Dr. David Kirtley, CEO at Helion Energy; Chris Mowry, CEO at General Fusion; and Dr. Steven Specker, CEO at TAE Technologies. The panel was moderated by Nick Touran of TerraPower and the latest updates on innovations and rapid advancements in nuclear fusion were discussed.

Perkins Coie hosted the January CleanTech Alliance Breakfast Briefing. Elliot Mainzer, Administrator of the Bonneville Power Administration (BPA), presented on managing the nonprofit federal agency that markets carbon-free power, operating a high-voltage renewable power grid, and leading significant regional power initiatives. 

Perkins Coie hosted the December CleanTech Alliance Breakfast Briefing. University of Washington President Ana Mari Cauce presented on what lies ahead for innovation and equitable workforce development in the Pacific Northwest region. 

Perkins Coie hosted the October CleanTech Alliance Breakfast Briefing. Susan Petty from AltaRock Energy presented on geothermal energy. 

Perkins Coie hosted the first CleanTech Alliance Breakfast Briefing of the season on September 12th. Michael Hagood from the Idaho National Laboratories presented on how the Northwest’s federal energy research has a global impact.

Perkins Coie is pleased to host The Clean Energy Trust and the Chicago Clean Energy Alliance to bring you their first event in this new year.

In the past 19 years, more than 750 companies have sent employees to a Perkins Coie Product Liability Workshop.