The largest market for CO2 captured from industrial sources through carbon capture utilization and storage (CCUS) is enhanced oil recovery (EOR), using the CO2 to produce oil.  Captured CO2 can be used for cement, algae production, and other uses, but EOR has vast potential.  Moreover, it has a nearly 50-year track record in the US, where it was pioneered.  Carbon dioxide injected into oil formations becomes permanently stored as part of the process. 
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Massachusetts has now doubled the size of its Solar Massachusetts Renewable Target (“SMART”) incentive program, along with new performance standards for the siting of these renewable generating resources. While these changes to the SMART program were adopted as emergency regulations—making them effective immediately—the Commonwealth will go through the notice and comment rulemaking process over the next few months to provide for continued input from stakeholders on the new regulations and associated guidance.
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On March 11, the U.S. Environmental Protection Agency completed an important rulemaking under Title VI of the Clean Air Act Amendments of 1990, revising its requirements applicable to the management of refrigerants in appliances and industrial process refrigeration. The rulemaking corrects what the EPA states was an incorrect Obama-era interpretation of the Clean Air Act, that would have allowed the agency to issue sweeping and costly regulations for refrigerants that companies had invested in to alleviate the problem of ozone-layer depletion pursuant to the 1987 Montreal Protocol.
Continue Reading EPA Reversal of Refrigerant Requirements Is Good for Companies

On Sunday, April 12, Virginia Governor Ralph Northam signed into law the Virginia Clean Economy Act and the Clean Energy and Community Flood Preparedness Act. These two new laws will require Virginia to transition to 100 percent carbon-free energy by 2050 and join the Regional Greenhouse Gas Initiative (RGGI).
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Building on a host of renewable and alternative energy portfolio programs that have incrementally worked to decarbonize the electric sector, Massachusetts is poised to launch a Clean Energy Peak Standard (CPS) in the summer of 2020. The pivotal distinction between the CPS and other Massachusetts programs is that programs to date have incentivized renewable and alternative energy sources to simply “show-up,” while the CPS takes aim at incentivizing new and existing generation resources to “show-up at the right time” in order to further reduce greenhouse gas (GHG) emissions.
Continue Reading Massachusetts Races to Decarbonize the Peak

Facing criticism that they impede sustainable development, traditional cross-border investor protections are eroding. More balanced stabilization and equitable treatment provisions allow greater discretion to regulate environmental and social impacts. Enhanced due diligence, focused on project impacts, international standards, CSR obligations and regulatory discretion in applicable treaties or investment contracts, can help offset this increased risk.
Continue Reading Eroding Investor Protections: Managing CSR and Political Risk in the Sustainable Brave New World

Unwilling to wait for further federal action, Massachusetts, Maine and Rhode Island are joining a group of other states (e.g., California, Vermont, Washington, Connecticut, Delaware and New York) that have either resuscitated or announced their intent to revive EPA’s ban on the end use of some HFCs at the individual state level.
Continue Reading Ozone’s Cure is Climate’s Scourge—Northeast States to Ban Use of Hydrofluorocarbons

The US Occupational Safety and Health Administration (OSHA) recently published Guidance for Preparing Workplaces for COVID-19 (Guidance), outlining steps employers can take to help protect their workforce. The Guidance focuses on the need for employers to implement engineering, administrative, work practice controls and personal protective equipment (PPE), as well as considerations for doing so. While there is no specific OSHA standard covering infectious disease or COVID-19 in particular, some OSHA requirements may apply to preventing occupational exposure to the virus including OSHA’s Bloodborne Pathogens standard (29 C.F.R. § 1910.20) Personal Protective Equipment (29 CFR 1910 Subpart I) Hazard Communication (29 C.F.R. § 1910.1200) and Recording and Reporting Occupational Injuries and Illnesses (29 C.F.R. § 1904). Also, the General Duty Clause of OSHA which requires employers to provide a “place of employment . . . free from recognized hazards that are causing or are likely to cause death or serious physical harm.”
Continue Reading OSHA Guidance on Preparing Workplaces for COVID-19