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On May 10, 2024, Maryland Governor Wes Moore signed the Brighter Tomorrow Act (the “Act”) into law. The Act expands the types of solar facilities that qualify for subsidy, improves the level of subsidy, and through many ancillary provisions, increases access to subsidies, as well as benefits to...

Understanding the complex intersection of environmental regulations intended to combat climate change between now and 2050 while responding to the U.S. tech economy’s exponential growth in energy demand will require collaboration between consumers, industry and government, and reliance upon a...

"Solar energy construction has increased significantly in recent years across the United States, with some forecasters expecting another rise of at least 75% for 2024. This growth in solar projects results in good measure from existing and additional tax credits continued and implemented through the...

This checklist highlights certain considerations for companies preparing to file annual reports on Form 10-K for the calendar year ended 2023 and is intended to serve as a focused resource highlighting changes in disclosure requirements and points of emphasis for the Securities and Exchange...

On Tuesday, January 2, 2024, the New Jersey Department of Environmental Protection (“NJDEP”) announced its proposal to amend the Ground Water Quality Standards (“GWQS”) under N.J.A.C. 7:9C to change the ground water quality criteria for 65 constituents of Class II-A ground water. NJDEP is also...

On October 13, 2023 in Philadelphia, President Biden and Secretary of the Department of Energy (DOE) Granholm announced the seven regional hydrogen hubs (H2Hubs) selected for negotiation with DOE for $7 billion in funding. What You Need to Know: President Biden announced the selection of seven...

​This issue of Saul on ESG: Trends & Updates marks our first update tracking the legal trends and developments around environmental, social and governance (ESG). In recent years, we have been tracking and highlighting changes on the ESG front, but this regular publication will allow us to dive...

​"Oops, [it] did it again." Analogous to Ms. Spears's lyric, the Occupational Safety and Health Administration (OSHA) once again causes a reset across multiple industries with its third iteration of an electronic data reporting rule. Beginning January 1, 2024, for employers in specific high-hazard...

The work of subcontractors is largely guided by the written contracts to which they agree, making those contracts important to their company’s success. Ideally, contracts should be balanced, and they should allocate risk to the party able to control the risk, but that is often not the case. Though...

On May 25, 2023, the Illinois legislature passed HB 2878, a colossal 195-page bill, that impacts numerous public procurement laws, including curbing the percentage of retainage that local governments may withhold from contractors on public construction projects in Illinois. On June 22, 2023, the...

Contractors could start seeing six-figure fines from the Occupational Safety and Health Administration (OSHA) in the next few months thanks to sweeping policy changes implemented earlier this year. In a press release and two internal memoranda issued January 26, 2023, the Department of Labor (DOL)...

The deal reached between the President and House Speaker McCarthy on the debt limit bill includes provisions approving a natural gas pipeline project (Mountain Valley Pipeline) and eliminating any judicial review of its existing and future permits, and also includes some limited reform of the...

As construction is truly a team sport, a contractor’s success hinges on the contributions of all team members—the laborers and tradesman, the project managers and office personnel, c-suite executives, and, yes, the company’s lawyer. Too often, however, construction companies turn to counsel as a...

On January 6, 2023, the Biden Administration released an interim Guidance on the Consideration of Greenhouse Gas Emissions and Climate Change to assist federal agencies to “better assess and disclose climate impacts” of their policies. See NEPA Guidance on Consideration of Greenhouse Gas Emissions...

Two federal programs administered by the United States Environmental Protection Agency (the “EPA”) provide financial assistance in the form of grants and rebates to public and non-profit entities seeking to replace their existing buses and trucks into clean vehicles. The most recent program was...

The Inflation Reduction Act (the “IRA”), signed into law on August 16, 2022, appropriates nearly $27 billion to provide financial assistance to certain entities in their efforts to reduce greenhouse gases. This “Greenhouse Gas Reduction Fund” (the “Fund”) is available to a wide range of recipients...

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