The exploding demand for energy to power hyperscaler data centers is leading to consideration of co-locating new generation (nuclear or otherwise) and data centers.  As we explained in Part 1 of this blog, co-location is attractive to hyperscalers because of its potential to provide those data centers with contractually…

Continue Reading Will the Trump Administration Clear a Path through the FERC Regulatory Thicket for the Co-Location of Data Centers with Nuclear Generation? (Part 2 of 2)

During his first week in office, President Trump issued Executive Orders on Removing Barriers to American Leadership in Artificial Intelligence, Declaring a National Energy Emergency, and Unleashing American Energy.  On February 14, he issued another Executive Order, Establishing the National Energy Dominance Council.  He has also…

Continue Reading Will the Trump Administration Clear a Path through the Nuclear Regulatory Thicket for the Co-Location of Data Centers with Nuclear Generation? (Part 1 of 2)

On January 14, 2025, the Biden Administration issued an Executive Order on “Advancing United States Leadership in Artificial Intelligence Infrastructure” (the “EO”), with the goals of preserving U.S. economic competitiveness and access to powerful AI models, preventing U.S. dependence on foreign infrastructure, and promoting U.S. clean energy production to power…

Continue Reading Biden Administration Releases Executive Order on AI Infrastructure

With the 119th Congress now assembled, Republicans control both the House and Senate, and will control the White House starting on January 20th.  If history is any guide, this change in party control of the White House, plus unified control of Congress by the president’s party, will pave the way for Republicans to deploy the Congressional Review Act (CRA) to overturn a number of regulations issued by the Biden Administration.  When President Trump first took office in 2017, congressional Republicans used the CRA to overturn more than a dozen rules promulgated by the Obama Administration.   Continue Reading Biden Administration Rulemakings at Risk for Congressional Review Act Cancellation in New Congress

The European Union has recently published a new (recast) Urban Wastewater Treatment Directive (“UWWTD”) in the EU’s official journal.  The UWWTD imposes important new Extended Producer Responsibility (“EPR”) obligations that will have a significant financial and administrative impact on companies marketing human medicines and cosmetic products in the…

Continue Reading The EPR Obligations of the New Urban Wastewater Treatment Directive: Key Questions and Next Steps for Member States

On Monday, December 16, the California Air Resources Board (CARB) issued an information solicitation inviting feedback on the implementation of SB 253 and SB 261. Comments are due by February 14, 2025. This information request arrives on the heels of a new CARB enforcement advisory focused on SB 253. Continue Reading California Air Resources Board Solicits Stakeholder Feedback on Implementation of Climate Disclosure Laws on the Heels of New Enforcement Advisory  

In late September, the Commodity Futures Trading Commission (Commission or CFTC) approved final guidance regarding the listing of voluntary carbon credit (VCC) derivative contracts on CFTC-regulated designated contract markets (Final Guidance).  Commission observers had anticipated issuance of the Final Guidance for several months, as it follows proposed guidance issued by CFTC in December 2023.  The Final Guidance also follows the Biden Administration’s Joint Policy Statement on Voluntary Carbon Market Principles, discussed in our post earlier this year.  The Final Guidance, while applicable to derivative (or futures) contracts, represents the first official action by a U.S. regulator to help validate the integrity of the VCCs underlying such contracts.  In this vein, as the derivative contract and underlying VCC markets continue to expand and evolve, the Final Guidance may represent an integrity backstop of sorts for U.S. VCC market participants.   Continue Reading CFTC Guidance: A Potential Integrity Backstop for Evolving Voluntary Carbon Market

On October 10, the U.S. Department of Energy’s Office of Clean Energy Demonstrations (OCED) hosted a webinar providing an overview of the recently issued Notice of Intent (NOI) to award up to $1.8 billion in funding for new mid- and large-scale commercial direct air capture (DAC) facilities.  The NOI represents the start of the next phase of OCED’s Regional DAC Hubs program contemplated by the 2021 Bipartisan Infrastructure Law (BIL), which requires DOE to financially support the development of at least four regional DAC hubs.  DOE estimates that a net-zero emissions economy will require annually removing and capturing at least 400 million metric tons of carbon dioxide (CO2) from the atmosphere and emissions sources.  A critical step in reaching this benchmark will be accelerating the commercialization and scaling of promising DAC solutions which is the goal of this next phase of the Regional DAC Hubs program.  The NOI promises publication of the funding opportunity announcement before the end of this year.Continue Reading DOE Announces up to $1.8 Billion in Funding in Next Phase of Regional Direct Air Capture Program

Companies that do business in California and meet certain revenue thresholds should continue to prepare to comply with the state’s landmark climate disclosure laws that impose reporting deadlines starting in 2026, even as a newly enacted state law gives California regulators more time and flexibility in promulgating implementing regulations.

California Governor Gavin Newsom signed Senate Bill 219 (SB 219) into law on September 27, 2024, making modest amendments to California’s two signature climate disclosure laws, SB 253 and SB 261, enacted in October 2023. SB 253, or the Climate Corporate Data Accountability Act, requires reporting entities to publicly disclose their greenhouse gas (GHG) emissions beginning in 2026 for Scope 1 and 2 emissions, and 2027 for Scope 3. SB 261, the Climate-Related Financial Risk Act, requires covered entities to publish biennial reports, beginning in January 2026, that disclose climate-related financial risk and measures adopted to reduce and adapt to that risk.Continue Reading California Climate Disclosure Laws’ Compliance Timeline Remains Stable While New Amendments Give State Regulator More Time and Flexibility

In March this year, the European Commission adopted the Delegated Act on a common rating scheme for data centers (“Delegated Act”) in the European Union (“EU”).  The Delegated Act implements the Energy Efficiency Directive (“EED”) and details the energy key performance indicators (“KPI”) that data center operators must report to the European database on data centers (“European database”), how to calculate them, and to what extent this information will be publicly disclosed. Continue Reading New Sustainability Reporting Requirements for Data Centers in the EU