On February 2, 2022, the European Commission adopted a Complementary Climate Delegated Act (the “CCDA”) listing specific gas and nuclear activities as “environmentally sustainable” for purposes of the EU Taxonomy Regulation, subject to strict criteria. Only certain activities that comply with strict emissions limits and other criteria detailed below may be so designated. Even so, the Commission’s decision to list nuclear and gas activities as “environmentally sustainable” is controversial and may still be blocked by EU Member States and the European Parliament through an upcoming scrutiny period, and may also be legally challenged before the EU Courts. Nevertheless there is a significant chance that the Commission’s criteria to consider the listed gas and nuclear activities as “environmentally sustainable” will enter into force by the beginning of 2023. This would allow such listed gas and nuclear activities to have access to green investors and ear-marked public funds under the EU’s Next Generation EU investment program.

Continue Reading Gas and Nuclear Activities in the EU Taxonomy Regulation: Under What Conditions Does the Commission Deem Them Environmentally Sustainable?

This is the fourteenth in our series, “The ABCs of the AJP.”

President Biden’s American Jobs Plan (“AJP”) seeks to assist the development of advanced nuclear power generation as part of a more general goal of developing advanced energy technologies. The AJP states that doing so will help the United States achieve 100 percent carbon-free electricity by 2035 and net-zero emissions by 2050.
Continue Reading Nuclear Power – Can Advanced Technology Make this Baseload Power Source be the Lowest Cost, Low Carbon Solution?