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An Energized Exchange

An Energized Exchange

di Holland & Knight

Governo Politica

Diamond Alternative Energy, LLC v. EPA: The Intersection of Constitutional and Environmental Law

In this episode of our "An Energized Exchange" podcast series, presented by the Energy & Natural Resources Industry Sector Group, attorneys Zach Pilchen, Brian Bunger and Rafe Petersen discuss the U.S. Supreme Court's decision in Diamond Alternative Energy, LLC v. The Environmental Protection Agency (EPA) and its constitutional, environmental and judicial implications. The case stems from California's unique authority under the Clean Air Act to enforce vehicle emission standards, requiring automakers to manufacture more electric vehicles and less liquid fuel powered vehicles. While these standards directly regulate car makers, the case was made by fuel companies that their business would be impacted by the decrease in demand for gasoline and diesel. The conversation also touches on the impact of the Supreme Court's decision regarding ongoing battles over California's air quality rules and other EPA regulations, suggesting more legal challenges may arise from a wider range of players on both sides of environmental issues.

SCOTUS Clean Air Act Cases: What’s New?

In this episode of our "An Energized Exchange" podcast series, presented by the Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha, Susan Lafferty and Zach Pilchen break down recent U.S. Supreme Court decisions in relation to the Clean Air Act (CAA), including U.S. Environmental Protection Agency (EPA) v. Calumet Shreveport Refining and Oklahoma v. EPA. As the attorneys explain, these two rulings settle disagreements among federal courts over which venue is appropriate for challenging certain EPA actions under the CAA. They discuss the key takeaways from these decisions and what they signal for the future of where and how EPA actions can be disputed in court.

Adapting to Tariffs and Other Trade Policy Shifts Under the Trump Administration

In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andrew McAllister, Susan Lafferty and Robert Friedman provide a timely update on the impact of recent tariff changes implemented by the Trump Administration. They look at the swift international reactions and negotiations that followed the signing of three executive orders on Feb. 1, 2025, which imposed significant tariffs — 25 percent on products from Canada and Mexico and 10 percent on those from China. Notably, although the tariffs on China went into effect almost immediately, those aimed at Canada and Mexico were paused for 30 days as discussions ensued regarding issues including crime prevention and fentanyl trafficking. The episode highlights the complexities of tariff implementation, legal avenues for imposing tariffs under Sections 301 and 232, and the potential for flexibility under the International Emergency Economic Powers Act (IEEPA).

Hot Topics in Nuclear Waste

In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha and Liz Craddock sit down for a conversation about hot topics in nuclear waste. This jampacked episode covers updates involving the Hobbs Act, Nuclear Waste Policy Act (NWPA), ultra vires exception and Atomic Energy Act, plus a comprehensive preview of what to expect in the nuclear waste space following the 2024 elections.

Beyond Compliance: A Deep Dive into Carbon Markets Fraud and the Government's Response

In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Halley Townsend, Eddie Jauregui and Alexander Holtan explore the intricate world of voluntary carbon markets and the effects of the first federal action against fraud within these markets. They discuss the emerging regulatory focus toward ensuring the integrity of carbon offsets, as highlighted by the enforcement action spearheaded by the Commodity Futures Trading Commission (CFTC), U.S. Securities and Exchange Commission (SEC) and U.S. Department of Justice (DOJ). In the case, the CFTC, SEC and DOJ accused a carbon project developer and its top executives of generating millions of false carbon offsets. The episode delves into the details of the case, the broader implications for the carbon market's regulatory landscape and strategic considerations for companies in compliance and self-reporting in the face of potential fraud.

Non-Delegation Doctrine, FTC's Non-Compete Rule and Green Guides ... Oh My!

In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha and Halley Townsend explore the topic of the non-delegation doctrine, specifically in the context of the Federal Trade Commission's (FTC) non-compete rule, which is currently being challenged in a Texas district court. In addition to providing top-level takeaways on the non-delegation doctrine in general, the speakers share why this matters for energy and environmental projects, with a particular emphasis on the FTC's Green Guides.

Carbon Markets Lightning Round: State and Federal Updates

In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Alex Holtan and Andy Kriha shine a light on all things carbon markets, both voluntary and compliance. The speakers refer to this episode as a "state and federal carbon markets lightning round," giving listeners a high-level overview of the latest updates involving regulations, the Commodity Futures Trading Commission (CFTC), cap and trade programs, linkage and more.

State Low Carbon Fuel Standard Outlook

In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha and Susan Lafferty delve into state low carbon fuel standards, with a detailed look at California's ongoing rulemaking and New Mexico's new legislation. They explore how these developments signify broader trends toward stricter carbon reduction goals across the United States, reflecting the evolving legal and regulatory approaches to climate change.

Unpacking FERC's Transmission Planning and Permitting Final Rules

In episode 3 of "An Energized Exchange," Senior Policy Advisor Elizabeth Noll and Energy attorney Nic Martell unpack the Federal Energy Regulatory Commission's (FERC) transmission planning and permitting final rules. Order No. 1920 creates a more specific transmission planning process, requiring transmission providers to develop 20-year plans that recognize future needs while collaborating with stakeholders and state entities. Ms. Noll and Mr. Martell also discuss Order No. 1977, which establishes a backstop siting authority. Listen now to discover how these rules will impact the future of transmission.

Small Refinery Exemption Litigation Update

In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha and Susan Lafferty delve into the intricacies of ongoing litigation surrounding small refinery exemptions. The speakers shed light on the significant uncertainty this topic brings to the market for Renewable Identification Numbers (RINs) and its potential impact on the overall functioning of the Renewable Fuel Standard (RFS) program.

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