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The Department of Defense (“DoD) recently took important actions to expand and deepen its relationships with companies bringing critical energy production and storage technologies to the DoD marketplace. As one of the largest consumers of energy in the world, DoD has the scale and resources to catalyze new industries, and mission assurance increasingly requires a diverse generation mix and incorporation of advanced technologies.

To achieve those goals, DoD is creating two new programs:

  1. The Office of Strategic Capital’s (OSC) loan guarantee program to scale critical national security technologies, and
  2. A Defense Energy Consortium (DECo) through the Air Force Office of Energy Assurance.

Continue Reading Department of Defense Plans Increased Investment in Clean Energy

Photo of Monty Cooper

On April 19, 2024, EPA signed the highly anticipated final rule designating two types of PFAS as hazardous substances under section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).  At the same time, David M. Uhlmann, Assistant Administrator for Enforcement and Compliance Assurance of the EPA, released an enforcement policy memorandum that provides “direction to all EPA enforcement and compliance staff about how EPA will exercise its enforcement discretion under CERCLA in matters involving PFAS, just as EPA exercises enforcement discretion regarding other hazardous substances.”  This alert summarizes key points from the enforcement policy and flags various uncertainties that lie ahead. Continue Reading EPA’s Busy April for CERCLA and PFAS:New CERCLA Authority, an Enforcement Escape Hatch, and the Continued Search for Viable Cleanup Technologies