Since Congress first introduced the Corporate Transparency Act (“CTA”) and the beneficial ownership information reporting framework in January 2021, much of the focus has been on the specific reporting requirements that now apply to both domestic and foreign reporting companies
Climate Solutions Legal Digest
Latest from Climate Solutions Legal Digest
Investors and Regulators Demand Climate Disclosures, but Companies Should Beware of Greenwashing Claims
Pressure from consumers, investors, and regulators to provide climate, environmental, and sustainability disclosures is increasing, but it is important for companies to ensure such disclosures are accurate, verifiable, and not misleading to avoid claims of “greenwashing” – making false or…
USDA Publishes New Meat and Poultry Labeling Guidance
On August 28, 2024, the U.S. Department of Agriculture (USDA) released an updated guidance document regarding the substantiation of all animal-raising and environment-related claims on meat and poultry packaging. This new guidance marks the first update regarding these types of…
Negotiating Texas Wind Energy Leases: Do Landmen Need a License?
The Texas Attorney General recently issued Opinion KP-0467 (the “Opinion”) addressing “whether a person who negotiates a lease for property for the development of a wind power project on behalf of another, for compensation, must have a license from the…
FDA Allows Longstanding MOU with AAFCO To Expire
On August 2, 2024, the Association of American Feed Control Officials (“AAFCO”) announced that its Memorandum of Understanding 225-07-7001 (the “MOU”) with the U.S. Food and Drug Administration (“FDA”) outlining the AAFCO ingredient review process would not be renewed on…
Navigating Solar Development in the Appalachian Basin: Surface and Subsurface Rights
Solar developers in the PJM region, particularly in Pennsylvania, West Virginia, and Ohio, often encounter land with a complex history of mineral development. This history can significantly impact solar projects, from site planning to obtaining title insurance coverage. Understanding the…
Nebraska’s Department of Transportation is (Almost) Charged Up for EV Station Federal Funding Applications
On June 14, 2024, the Nebraska Department of Transportation (“NDOT”) informed potential applicants that, pursuant to its National Electric Vehicle Infrastructure (“NEVI”) plan, applications for federal funding to build electric vehicle (“EV”) charging stations across Nebraska’s Interstate 80 will be…
The Inflation Reduction Act’s Brownfields Adder: Updates on What Sites Qualify
As detailed previously, the Inflation Reduction Act (IRA) offers incentives to renewable energy development that takes place on certain properties that are affected by potential or confirmed contamination. Under the IRA, a 10% adder is available to any investment…
Is Electricity A Good Or A Service Under The Priority Provisions Of 11 U.S.C. § 503(B)(9)
Section 503(b)(9) of the Bankruptcy Code allows an administrative expense “for the value of any goods received by the debtor within 20 days before the date of the commencement of a case under this title in which the goods have…
FERC Issues Order to Show Cause On RTO “Self Fund” Policy
On June 13, 2024, the Federal Energy Regulatory Commission (FERC) issued an “Order to Show Cause”[1] (Order) under Section 206 of the Federal Power Act to four regional transmission organizations (RTOs) and independent system operators (ISOs). FERC is concerned…