Sustainable Energy & Infrastructure

Read about developments in connection with the SEC’s proposed ESG disclosures rule focused on climate-related disclosures, including three California bills concerning ESG financial disclosures and investing.

Read about recent M&A activity in the energy and sustainability space, including RWE Renewables Americas’ $6.8 billion acquisition of Con Edison Clean Energy Businesses, a subsidiary of Consolidated Edison.

Read about Darling Ingredients and Valero Energy’s investment decision on a sustainable aviation fuel (SAF) project, Toyota being awarded more patents than any other automaker by the USPTO in 2022, and Tigo Energy’s patent litigation to protect its innovations.

Learn about upcoming energy industry events, including the International Partnering Forum (IPF) Offshore Wind Conference.

The European Patent Office (EPO) and International Energy Agency (IEA) have now released “Hydrogen Patents for a Clean Energy Future” – a comprehensive report on innovation in clean-energy hydrogen technologies over the past two decades according to global patent filings. Patents remain strong indicators of innovation activity and the state and direction of science. The report provides a unique look at where green hydrogen investment has been focused and where it are heading based on international patent families (“IPFs”). According to the report, IPFs are reliable proxies for inventive activity as each represents an invention having value sufficient for seeking protection across multiple patent offices.

Our March 2023 Energy & Sustainability Washington Update covers a significant energy package being advanced by House Republicans, the US-UK Strategic Energy Dialogue, ARPA-E Funding for Grid Reliability and Resiliency, and new Bipartisan Infrastructure Law & Inflation Reduction Act opportunities.

Learn about upcoming energy industry events, including Infocast’s ERCOT Market Summit in Austin, Texas.

Read about recent M&A activity in the energy and sustainability space, including Xpansiv’s acquisition of Evolution Markets, a provider of strategic financial and transactional services for the global environmental and energy markets.

Read about developments in connection with the SEC’s proposed climate disclosures rule, including media reports suggesting that the SEC was considering adjusting the proposed 1% threshold that would trigger reporting and a pending California bill concerning Scope 3 GHG emissions disclosures.

Read about a Department of Energy (DOE) announcement of $118 million in funding for 17 projects to accelerate the production of sustainable biofuels and the selected projects.

Read about guidance released by the IRS on the Low-Income Community Adder and the newly established allocation program to make the adder available.

Our February 2023 Energy & Sustainability Washington Update covers a DOE clean hydrogen funding opportunity, a FEMA report on Puerto Rico grid resilience, a program launched by national labs that focuses on community energy goals, a national blueprint for transportation decarbonization, and new Bipartisan Infrastructure Law & Inflation Reduction Act opportunities.

Learn about upcoming energy industry events, including SEIA’s webinar titled Turning Solar Panel Recycling Woes into Industry Wins.

Read about recent M&A activity in the energy and sustainability space, including BP’s acquisition of Archaea Energy Inc., a renewable natural gas (RNG) producer in the United States, for $4.1 billion.

Read about a tort lawsuit brought by municipalities in Puerto Rico that brings civil RICO claims against major fossil fuel companies in connection with their alleged responsibility for climate change and developments related to the SEC’s enforcement actions targeting “greenwashing.”

 This issue of Energy & Sustainability Connections includes features on Caremark liability following the SEC’s new ESG reporting requirements, a roundup of recent M&A activity, energy policy news from Washington, reports on litigation developments, and a list of upcoming industry events.

Our January 2023 Energy & Sustainability Washington Update covers a letter from senators to the Department of Interior urging withdrawal of energy infrastructure guidance, a Biden administration guidebook on the Inflation Reduction Act (IRA), Treasury Department guidance on IRA labor requirements, proposed standards for energy-efficient distribution transformers, and Bipartisan Infrastructure Law opportunities.

Read about a new IRS reference standard for energy efficient commercial building property for purposes of the deduction under Section 179D of the Internal Revenue Code, which takes effect on January 1.

Read about new IRS reporting requirements, issued in Revenue Procedure 2022-42, for manufacturers and sellers of new or previously owned clean vehicles or qualified new commercial clean vehicles eligible for tax credits under Internal Revenue Code Sections 30D, 25E, or 45W, respectively.