Currents - Energy Law Insights, V 9, Issue 6, June 2025

 

Volume 9, Issue 6

Welcome

Welcome to our sixth issue of Currents 2025. We are covering a multitude of issues in this edition, but we want to pass along a couple of announcements first.

During the summer months, our firm is pleased to host a talented group of law students, who get the opportunity to research and write, shadow our attorneys, and learn about the practice of law in a firm setting. As young professionals still deeply involved in higher education, our Summer Associates will be contributing to our summer publications and sharing their perspectives as both students and future legal practitioners. Please join us in welcoming Riley Breen to the Currents team for this special summer edition.

Again, thank you for reading!


 

 



 

 



 

 

Amazon and Pennsylvania Join the Leaders in Pursuing Creative, Renewable Solution to Data Center Energy Requirements

By Riley D. Breen, Summer Associate, and Barry A. Naum

As the popularity and use of language learning models such as Chat-GPT and Co-Pilot and other Artificial Intelligence (AI) products rapidly expand and as data centers continue to search for building and electric capacity to manage that demand, big business has begun to seek approval from states in a race to see who will become the front-runner in the new AI industry. Making huge steps in this endeavor, Amazon Web Services (AWS) seeks to establish its dominance in the AI industry with a $20 billion investment to build two new data centers in Pennsylvania over the next 10 years, fueled by carbon-free nuclear power.

Click here to read the entire article.


Dare County Passes Resolution Opposing Federal Plans to Reopen Offshore Drilling

“With the worry that any oil spill off the North Carolina coast could have detrimental impacts to tourism and fishing in the Outer Banks.”

Why this is important: The article highlights local opposition to oil drilling off of North Carolina’s Outer Banks, given the risks inherent in such production and the potential costs to tourism and commercial fishing, which are economic engines for eastern North Carolina. Dare County’s resolution in opposition was precipitated by the Department of the Interior’s Bureau of Ocean Energy Management solicitation for public comment in considering the expansion of more offshore drilling opportunities. This is important as a reflection of the oft-time contradictory positions between states and localities versus federal energy policy initiatives. --- Derrick Price Williamson


 

EPA Proposes Slashing Power Plant Carbon, Mercury Emission Limits

“However, the Environmental Protection Agency’s rationale behind the move may be legally flawed, according to environmental and other groups.”

Why this is important: In a move many in the industry knew was coming, the EPA has recently proposed to rollback Biden-era EPA regulations impacting fossil fuel-fired electric generating plants. The proposed rule would eliminate greenhouse gas emissions (GHG) standards under Section 111 of the Clean Air Act and repeal amendments to the 2024 Mercury and Air Toxic Standards (MATS). When enacted, these rules caused many utilities and merchant generators to close (or plan to close) their coal and gas-fired power plants, which contributed to tightening supply markets around the country. Many in the industry expressed concerns about the ability of power plant operators to comply with the Biden era rules since they relied upon technology (such as carbon capture and sequestration) that is not yet commercially viable, particularly at the percentages required by the rules and given the attendant costs. It is not clear whether this rollback will come in time to reverse any announced plant closures and/or to reopen any previously closed plants. As with any proposed changes to EPA regulations, regardless of administration, legal challenges are anticipated once this rule becomes final, which could delay its ultimate implementation. --- Carrie H. Grundmann


 

Electrical Manufacturers Back Bill to Assess Energy Supply Chain

“The Electric Supply Chain Act would direct the Department of Energy to assess the power generation and transmission supply chains and report to Congress within one year.”

Why this is important: Just as many electric utilities are facing unprecedented load growth in their service territories as a result of data center construction, increased use of electricity by customers’ homes, businesses and vehicles, and population increases – as reflected in recent Integrated Resource Plan and Rate Case filings by utilities in Florida, Georgia, and North and South Carolina – the supply of certain critical component parts needed for grid enhancements has been “grid-locked” or delayed. As a result, the U.S. House Energy Subcommittee passed legislation, supported by Representative Bob Latta of Ohio, that has been passed on to the House Committee on Energy and Commerce. If ultimately passed by the U.S. Congress, the Electric Supply Chain Act (Act) would direct the Secretary of the Department of Energy (DOE) to evaluate “any trends, risks, and vulnerabilities in the supply, demand, and availability of components that are necessary for the construction or deployment of facilities that generate or transmit electricity.” The Energy Secretary would then have to submit periodic assessments of the DOE’s evaluations, as well as a report to Congress on its findings within one year of the legislation’s enactment.

The intent of this legislation is to be proactive with respect to how the supply chain issues are affecting utilities and to identify measures to address those issues as quickly and early as possible. This, in turn, is intended to enhance domestic grid reliability. To achieve these goals, the Act allows manufacturers of grid components and supply chain vendors to provide information to the DOE and energy sector as a whole in relation to their own capacities, growth, and shortfalls. To the extent issues related to “foreign entities of concern” are raised, the DOE can address those head on.

One supply chain issue impacting grid security that was identified by the energy and transportation security nonprofit organization Securing America’s Future Energy (SAFE) and its Center for Critical Mineral Strategy was the supply of minerals needed for the manufacture of certain component parts. Some of the critical minerals needed include aluminum, cobalt, copper, electrical steel, fluorine, gallium, graphite, lithium, magnesium, nickel, platinum, silicon, silicon carbide and certain rare earth elements. The Center’s Executive Director Abigail Hunter noted that the Act, if passed, “will unearth supply chain vulnerabilities affecting [the U.S.’s] bulk power system and midstream challenges to process those minerals at home.”

It is likely that, if passed, the Act will generate more domestic production of certain key components, which will support construction of new generation facilities and upgrades to existing facilities. We will follow the progress the Act makes in its journey to become law and report back. --- Stephanie U. Eaton


 

Ohio Passes Bill to Boost Brownfield Site Solar and West Virginia Just Hit a Solar Milestone but There’s a Major Catch

“Effective this August, the new law will provide property tax breaks and other incentives for siting solar projects on brownfields and former coal mines.”

“The third of a quintet of West Virginia solar farms just came online, and while that’s a renewable milestone, there’s a disappointing hitch.”

Why this is important: While renewable energy companies rush to find land in Appalachia suitable for solar energy facility construction, a Nature Conservancy study from last year found there are approximately 508,300 acres of mine lands and over 134,000 acres of brownfields that could meet minimum site suitability requirements for large-scale solar across West Virginia. In Virginia, there are approximately 70,000 acres of mine lands and 170,000 acres of brownfields that could sustain large-scale solar projects. As noted in the first article, First Energy subsidiaries Mon Power and Potomac Edison just brought a new 5.75 MW facility online, covering 36 acres of former brownfield property.

Ohio has similar numbers of acreage ready for redevelopment, including 567,600 acres of suitable mine lands. That’s significant news in Ohio because the State Legislature passed a bill that goes into effect later this summer that “includes property tax breaks for solar projects located on brownfield sites and former coal mines. The law also carves out funding for grants of up to $10 million each for the cleanup and remediation of these sites.” In Ohio, the Ohio Brownfield Remediation Program has spent over $716,00,000 this decade on brownfield remediation projects.

Incentivizing reclamation of abandoned mine lands in the Virginias stands to attract investment to properties for revitalization and redevelopment, rather than sitting undeveloped as a burden to counties facing decreasing revenues due to mine closures. Perhaps state legislators in Charleston and Richmond should consider a fund similar to the redevelopment fund in Ohio, and supercharge solar in Appalachia on existing mine lands. --- Jason E. Wandling


 

Most People Believe Misinformation About Electric Vehicles, International Survey Finds

“A University of Queensland-led study published in the journal Nature Energy has found misinformation about electric vehicles has taken root in society and is primarily fueled by mistrust and conspiracy theories.”

Why this is important: A survey conducted in four countries, including Australia, Germany, Austria, and the United States, found that people are more likely to agree with misinformation about electric vehicles (EV) than disagree. People believing this information have stunted the ability of EVs to become more popular.

Some common misconceptions about electric vehicles include the belief that they are more likely to catch fire than gasoline cars, don't actually reduce emissions, and emit harmful electromagnetic fields that negatively affect drivers' health. While all of these claims are questionable at best, the article reflects that this misinformation can be rooted in public perception.

Per the article, one way to combat the misinformation about EVs is by using artificial intelligence (AI). AI is able to answer questions and concerns consumers have about EVs using fact-based information that is in the global network. This intersection is vital, as a successful energy transition depends not just on advancements in technology and sound policy but also on legal structures that address misinformation, promote accountability, and build public confidence in clean energy regulations and consumer safeguards. --- Nicholas A. Muto


 

“We Didn’t See This Coming”: U.S. Stunned as $134 Billion European Hydrogen Megaproject Becomes Largest Construction Site on Earth

“Amidst growing environmental concerns, the construction industry is pivoting towards sustainability with the integration of hydrogen fuel cells, heralding a potential revolution in clean energy practices.”

Why this is important: The construction industry is widely known to be one of the largest contributors to carbon emissions worldwide. One of the biggest carbon-emitting culprits on construction sites is the diesel generator. However, in an effort to embrace more sustainable fuel supplies, contractors at the HS2 Victoria Road Crossover Box construction site in London looked elsewhere for power. HS2 is Britain’s new high-speed railway. At the Victoria Road site, which will eventually connect London with Birmingham and is one of the largest infrastructure projects in Europe, two white containers house hydrogen fuel cells that provide power to the entire site.

Although the high cost of hydrogen as compared to diesel fuel, as well as the complexities related to production and distribution of hydrogen, remain current barriers to more widespread use of this fuel, efforts by proponents of this clean energy source to mitigate these issues are continuing. One such proponent is GeoPura - a company based in Newcastle, England and founded in 2019 with partner Siemens Energy Ventures - whose goal is to expand its fleet of leased hydrogen power units (HPUs), which can be mobilized to construction sites, to 3,600 by 2033. GeoPura’s focus on scalable production and distribution of hydrogen is intended to increase accessibility of its HPUs for diverse applications.

And GeoPura is not alone. Other companies that have developed or are working toward more commercial use of hydrogen include the following:

  • XCMG, which introduced a fuel-cell powered dump truck in June 2024;
  • Hyundai Construction Equipment, which developed a fuel cell electric excavator that can serve as a supplemental power source on job sites;
  • EODev, a French spin-off from the Energy Observer floating laboratory, sells GEH2 power units to rental companies such as United Rentals to use on job and other sites;
  • AFC Energy, a UK-based company, sells 30 kilowatt HPUs to global contractors and rental companies such as Speedy Hire;
  • Yanmar Energy Systems announced a fuel cell power generation system; and
  • Caterpillar, in collaboration with Microsoft and Ballard Power Systems, is validating the use of hydrogen fuel cells as data center backup power.

--- Stephanie U. Eaton


 

In 2024, the United States Produced More Energy than Ever Before

“Several energy sources—natural gas, crude oil, natural gas plant liquids, biofuels, solar, and wind—each set domestic production records last year.”

Why this is important: The article notes that the United States produced more energy in 2024 than ever before. Natural gas accounted for about 38 percent of total energy production and remained the biggest source of domestic energy production. Coal was third in 2024, accounting for just 10 percent of total energy production in the United States. Domestic crude oil was also above coal and accounted for about 27 percent of total energy production. In 2024, natural gas and crude oil production broke the records they set in 2023 regarding total energy production.

Renewable energy sources like biofuels, wind, and solar energy each set new records in 2024. Other renewable energy sources, such as hydropower and the combined category of wood and waste—as labeled in the graph in this article—peaked in 1997 and 1989, respectively, but have since plateaued or declined slightly from those record highs.

The United States has not slowed down when it comes to producing energy. However, the sources of where that energy comes from have shifted and will continue to change. While energy demand is expected to remain high, industry stakeholders must adapt to shifting trends in energy production sources. These trends can be affected and changed due to government policy, technological advancements, climate concerns, and consumer preferences. Given the constantly evolving landscape, it is essential to stay informed about developments within the industry so that you are not left behind. --- Nicholas A. Muto


 

EIA Energy Statistics

 

 

 

 

 

 

 

 

 

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Spilman Thomas & Battle, PLLC

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