Insights on Energy & Cleantech

Join Antonio Rivera for a roundtable discussion at the Battery Show South.

Join Antonio Rivera for a presentation at the 42nd International Battery Seminar and Exhibit.

The full scope of the Trump Administration’s deregulatory efforts in the environmental space was recently made clear with a series of announcements from US Environmental Protection Agency (EPA) Administrator Lee Zeldin.

The first weeks of the Trump Administration have been defined by executive orders and new policies that were immediately challenged on constitutional or statutory grounds.

A Biden-era US Department of Labor (DOL) Rule permitting consideration of environmental, social, and governance (ESG) factors when choosing investments as a “tiebreaker” was recently upheld by Texas federal Judge Matthew Kacsmaryk. This decision applied the US Supreme Court’s 2024 ruling in Loper Bright v. Raimondo, revisiting three topics lost in 2025’s Department of Government Efficiency-era drama.

Last month, the Illinois General Assembly passed a bill establishing prevailing wage requirements and tax incentives for high voltage transmission line and utility-scale battery storage projects.

The Trump Administration is beginning to roll out its policy plans to “dominate” the global energy space. These plans tackle energy transition issues in a dramatically different manner than did the Biden Administration, particularly by leaning into fostering the development of resources, including fossil fuels, nuclear, and hydroelectric power that provide reliable “baseload” supply. This comes as no surprise given President Trump’s promise to “drill, baby, drill” at the inauguration.

The initial weeks of the second Trump Administration has seen fast and furious changes to US government policies touching nearly every aspect of policy.

This inaugural issue of ArentFox Schiff’s publication on international mining, energy, and infrastructure disputes aims to provide insights and practical information to general counsels and senior executives of companies operating internationally, particularly in countries that present challenging economic and political conditions for doing business.

ArentFox Schiff’s Forced Labor Enforcement Task Force published its first annual report last year to help multinational companies navigate the complexities of forced labor laws in the United States and in countries around the world. Since our last report, forced labor enforcement has developed rapidly, with many of our predictions materializing in 2024.

The Trump Administration has issued a memo directing a temporary freeze on all environmental litigation to allow for review and potential reconsideration by the new Administration of its position in these matters.

Many parties are rightly concerned about the impact of yesterday’s announcement that nearly all federal funds will be frozen for an indeterminate period. Minutes before it was intended to go into effect today, a federal judge in Washington, DC, temporarily ordered the freeze to be lifted until at least Monday February 3, when a full hearing will occur as to whether the freeze is permissible under federal administrative procedure laws and the First Amendment.

The first day of any presidential administration is filled with both ceremony and bureaucracy. The first day of the second Trump Administration was no different.

As President-elect Trump prepares to take office on January 20, the construction industry must anticipate shifts in trade policy, particularly concerning tariffs. These changes are expected to have significant implications for various sectors, including energy and clean technology.

As President-elect Trump prepares to take office for a second term, his presidency will undoubtedly reshape US international trade policy, impacting US and foreign manufacturing. We can expect that his administration will implement new and increased tariffs. Whether those tariffs come in the form of universal tariffs, tariffs targeted to a few countries, industries or products, or tariffs targeted to certain companies will likely be known once Trump assumes office. The solar industry, particularly solar products originating from China, is expected to be a focus point of potential future tariff measures.

The incoming Trump Administration’s approach to the Inflation Reduction Act (IRA) and tax policies is generating significant interest within the electric vehicle (EV) sector.

As President-elect Donald Trump prepares to assume office on January 20, numerous tariff proposals have already been put forward that could significantly impact the electric vehicle (EV) and battery supply chain industry. Differentiating between the potential for immediate tariff actions and those requiring more time to implement is critical for companies that are in preparation of such actions.

State governments increasingly engage on climate issues. In search of a new source of funding for hundreds of billions of dollars in anticipated climate adaptation costs, a recent New York state law could impose $75 billion of liability on major fossil fuel companies.

In the environmental space, 2024 has been a memorable year with regulatory efforts and court decisions touching on every aspect of environmental and energy regulation, capped out by a closely divided election.

Welcome to the December 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

ArentFox Schiff is pleased to announce the addition of Partner Elizabeth L. Horner to its Government Relations practice in the firm’s Washington, DC, office. Elizabeth previously worked on the US Senate Committee on Environment and Public Works (EPW), where she served as Chief Counsel under Ranking Member Shelley Moore Capito (R-WV) and Senior Counsel under Chairman John Barrasso, M.D. (R-WY).

Michael Showalter and Bradley Rochlen will lead a webinar hosted by the Washington Legal Foundation on December 12, 2024.

In a departure from past jurisprudence, a recent DC Circuit decision questioned whether the White House Council on Environmental Quality (CEQ) had the legal authority to issue key regulations under the National Environmental Policy Act (NEPA). The decision, which evaluated federal planning related to tourist flights over national parks, interpreted CEQ’s NEPA regulations, which prescribe how federal agencies must comply with NEPA and have set the standards for federal agencies’ consideration of the environmental impacts of major federal actions for decades. The decision could impact how many agencies conduct and interpret environmental assessments in areas including biotechnology and agriculture.

Michael Showalter will join a panel at the Air & Waste Management Association’s Environmental Justice: Policy, Practice, and Progress Conference on December 4, 2024.

Welcome to the November 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.