The Second Regular Session of the 108th Nebraska Legislature convened on January 3, 2024. As of January 10, fifty-four (54) legislative days remain in the session. Bill introduction will conclude on January 17, 2024. Through the first five days of bill introduction, we identified twenty-six (26) bills warranting particular attention. All abbreviations […]
Dirt Alert
Federal Regulators Propose Clarifying Definitions and Additional Requirements for Clean Hydrogen Tax Credits
The Department of the Treasury (“Treasury”) and Internal Revenue Service (“IRS”) recently proposed regulations that would clarify key components of the clean hydrogen Investment Tax Credit (“ITC”) and the Clean Hydrogen Tax Credit (“45V Credit”). See 26 U.S.C. Sections 48(a)(15) and 45V, respectively. We recently analyzed other proposed regulations relating […]
Nebraska Supreme Court Clarifies That Natural Resource District’s Counsel Cannot Participate Both in Board Decision-Making Process and Adjudicate the Appeal of the Same Decision
In Uhrich & Brown Ltd. Partnership v. Middle Republican Natural Resource District (“NRD”), the Nebraska Supreme Court vacated the NRD’s administrative ruling because its attorneys both prosecuted the case and participated in the NRD’s decision‑making process.The Court found that the NRD’s administrative proceedings lacked neutrality and violated Uhrich & Brown […]
Federal Court Holds Counties May Not Impose “Safety Standards” on Carbon Pipelines
Under the U.S. District Court for the Southern District of Iowa’s decisions, counties may not regulate carbon pipelines’ setbacks, decommissioning or emergency-response requirements. Under the Supremacy Clause of the U.S. Constitution, federal statutes and regulations preempt any incompatible local law.[1] Preemption can occur either expressly or by implication, such as […]
EPA Publishes Permitting Tracker For Carbon Capture And Storage Projects
EPA’s tracker provides federal guidelines and updates for carbon capture and storage (“CCS”) projects but no guarantee of a timely Class VI permit approval. The U.S. Environmental Protection Agency (“EPA”) recently published a new tracker (available at this link) that details the EPA’s progress in reviewing Class VI permit applications. […]