The Federal Energy Regulatory Commission (FERC) has opened the door for fuel cell systems with integrated hydrocarbon reformation equipment to be certified as Qualifying Facility cogenerators under the Public Utility Regulatory Policies Act of 1978 (PURPA).  The agency adopted a final rule that amends the definition of the useful thermal output of a QF cogenerator so that such fuel cell systems may qualify.…

In a recently adopted final rule, the Department of Energy (DOE) revised its National Environmental Policy Act (NEPA) implementation procedures to include LNG exports by marine vessel within a categorical exclusion from NEPA review.  DOE finds that the only source of potential environmental impacts within its authority to review are those associated with transporting natural gas by ship, which DOE determined does not pose the potential for significant environmental impacts. Accordingly, LNG exports qualify…

On November 30, 2020, emergency temporary COVID-19 workplace standards (“ETS”) issued by the California Division of Occupational Safety and Health (“Cal/OSHA”) took effect.  The ETS, which requires stringent workplace protocols intended to curb the spread of COVID-19, applies to all California employers, other than those subject to the Cal/OSHA Aerosol Transmissible Disease standard or those with only one employee at the workplace who does not have contact with others.  Under the ETS, employers must adopt…

On 2 December 2020, the Competition and Markets Authority (“CMA”) announced a market study (the “study”) into the UK’s bourgeoning electric vehicle charging sector. This blog post considers the scope of the study, and may be of interest to Electric Vehicle market participants across the supply chain.…

With the UK due to host the COP 26 climate summit in a year’s time, the UK Government is keen to set out its credentials as a global ‘green‘ leader and demonstrate not only that it can make good on its election promise to level up (with much of the promised Green Industrial Revolution investment being focused in old industrial heartlands in the North of England), but that it intends to seize the coronavirus pandemic…

In October 2020, Covington public policy experts Sebastian Vos and Gary Guzy were invited to the 2020 CleanEquity Monaco sustainable technology conference to discuss the policy outlook in the EU and US, and likely impacts on efforts to decarbonize carbon-intensive sectors of the economy. The event was presented globally on EarthX TV.  Covington’s London-based emerging companies, corporate partner Simon Amies introduced the panel discussion and Washington-based environmental and public policy associate Lindsay Brewer moderated.…

The Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) that would allow certain Solid Oxide Fuel Cell (SOFC) systems to be certified as Qualifying Facilities under the Public Utility Regulatory Policies Act of 1978 (PURPA) and thus receive regulatory benefits meant, in part, to encourage the innovation and development of cogeneration facilities.  The proposal applies to SOFC systems that use heat and steam to convert natural gas to hydrogen, which then…