As the energy transition continues, battery energy storage has become an increasingly critical form of technology to support and maximize variable renewable energy resources such as wind and solar, and add a level of reliability and resilience to the grid.
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Subsurface Risk in EPC Contracts – Addressing Issues Before They Surface
Allocating subsurface risk is always a key point of negotiation between owners and contractors in engineering, procurement, and construction (“EPC”) contracts, given its potential price and schedule impacts. Parties can utilize contractual, practical, and creative approaches to address subsurface risk,…
FERC Proposes to Limit Reactive Power Compensation
On March 21, 2024, FERC issued a Notice of Proposed Rulemaking (NOPR) to revise its reactive power compensation rules to limit compensation to interconnection customers to times when the transmission provider asks the interconnection customer to operate its facility outside…
Generator Interconnection Rule: FERC Provides Clarification and Tweaks to Order No. 2023 But Stands Firm on Late Study Penalties
On March 21, 2024, FERC issued a follow up rehearing order to its landmark Order No. 2023 generator interconnection reform rule, providing several clarifications and tweaks in response to industry comments. …
Revitalize and Recharge: The Emergent Trend of Adaptogens and Nootropics in Functional Beverages
In an industry full of buzzwords, “adaptogens” and “nootropics” are current standouts within the beverage industry.
The beverage industry experienced a significant shift in consumer preference following the COVID-19 pandemic, as consumers’ proclivity for nutrient-rich foods stimulated a rise in…
FDA Announces New Qualified Health Claim for Yogurt Products – With Limitations
Marketers of yogurt products may celebrate the latest approval by the Food and Drug Administration (“FDA”) of a new qualified health claim related to the consumption of yogurt and type 2 diabetes. However, producers of such products should also be…
Green Hydrogen Tax Credit: 45V Answers Expected Soon
The future of the green hydrogen industry in the United States will become a bit clearer in the coming weeks. Comments on the proposed hydrogen tax credits in 26 USC 45V were due by February 26, 2024, and will be…
New SEC Rules Require Climate Disclosures
On March 6, 2024, the Securities and Exchange Commission (“SEC”) adopted rules requiring registrants to disclose certain climate data in annual reports.
The rules were originally proposed in 2022, and the final language adopted scales back some of the earlier…
Taking Permitting to New Heights: New Eagle Take Permit Rule’s Impact on Project Developers and Operators
Last month, in 89 FR 9920, the U.S. Fish and Wildlife Service (“USFWS”) published a final rule revising the eagle take permit (“ETP”) process. USFWS believes the new rule will encourage more participation in the ETP program and account…
Ag Gag Legislation Revived in Iowa Senate
The winding path of Ag Gag legislation in Iowa has become significantly straighter in 2024. First, in January, the U.S. Court of Appeals for the Eighth Circuit reversed lower court rulings that blocked Iowa state laws seeking to prohibit the…