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Direct Air Capture: Challenges in an Evolving Industry

The United Nations has recognized that carbon capture and sequestration is a “key technology” in the quest to keep global temperatures from rising above the scientifically-accepted threshold of two degrees Celsius.  One carbon capture method that is increasingly garnering attention is direct air capture (“DAC”).  While DAC technology allows companies to permanently remove carbon dioxide … Continue Reading

Biden Administration Finalizes Greenhouse Gas Target Rule that is Likely to Draw Challenges

The Federal Highway Administration (FHWA) recently released a prepublication version of its final rule establishing a greenhouse gas (GHG) emissions measure.  The final rule establishes a method for measurement of GHG emissions associated with transportation and requires state departments of transportation (State DOTs) and metropolitan planning organizations (MPOs) that have National Highway System (NHS) routes … Continue Reading

Mahoney v. U.S. Department of the Interior

In Mahoney v. U.S. Department of the Interior,[1] the United States District Court for the Eastern District of New York recently addressed an environmental challenge to the South Fork Wind Farm (“Wind Farm”) that is being constructed on the Outer Continental Shelf (“OCS”) approximately 35 miles off Montauk Point, New York. The Mahoney decision is … Continue Reading

CBP Issues Another Offshore Wind Scour Protection Ruling

US Customs and Border Protection (CBP) expanded its body of offshore wind energy rulings and held that the Jones Act did not prohibit a foreign flagged vessel from transporting and installing scour protection (i.e. rocks) on the bottom of the Outer Continental Shelf (OCS) during construction of wind turbine generator foundations (WTG). See HQ H327710. Read … Continue Reading

CBP Issues Ruling on Offshore Wind Electrical Cable Installation

US Customs and Border Protection (CBP) recently held that a foreign flagged vessel could install electric transmission cables without violating the coastwise laws. This decision reflects a growing body of CBP rulings that address whether a Jones Act compliant vessel is required for specific aspects of an offshore wind project.… Continue Reading
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