July 16, 2019

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US Senate Passes Bipartisan Energy Bill

The first broad energy bill passed in nearly a decade was passed by the Senate yesterday with an 85-12 vote margin. The Energy Policy Modernization Act of 2016, S. 2012, responds to major changes to the energy landscape spurred by the growth in renewable energy and domestic natural gas and oil production. The bill includes provisions to bolster the electric grid to accommodate renewable energy, promote energy storage technology, improve cybersecurity, and streamline and accelerate the permitting process for LNG exports. It also addresses building code development to promote energy efficiency and reauthorizes the half-billion-dollar Land and Water Conservation Fund that protects parks and other public lands.

Capitol CongressThe last ambitious energy bills were passed during the Bush administration and aimed to boost energy independence by cutting reliance on imported oil, raising fuel economy standards and imposing a mandate for ethanol in gasoline. The focus has shifted with the boon in renewable energy and distributed generation as well as the use of hydraulic fracking which has made the U.S. the world’s top oil and gas producer.

The bill must now be reconciled with the more fossil fuel friendly House version (H.R.8), which President Obama has threatened to veto. The White House previously expressed concerns about the Senate bill back in January regarding budgetary and implementation issues but did not threaten to veto. 

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Jason W. Allen, Foley Lardner, Energy Industry Lawyer, Finance Attorney
Partner

Jason Allen is a partner and business lawyer with Foley & Lardner LLP, where he is a member and co-chair of the Energy Industry Team. He is a member of the Finance & Financial Institutions, Transactional & Securities, and Private Equity & Venture Capital Practices. Mr. Allen’s practice focuses in the areas of mergers and acquisitions, private equity, finance, and general corporate and commercial law, with a particular emphasis on transactions in the energy industry. 

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Thomas Mullooly, Energy Attorney, Foley and Lardner, Renewable project develop
Of Counsel

Thomas Mullooly is an energy lawyer with Foley & Lardner LLP. He has in depth experience across all regulatory aspects of the energy industry and provides counsel on contracts, mergers and acquisitions, renewable project development, and state and federal and ISO compliance issues. He has led regulatory proceedings and litigation before FERC and in state commissions across the country. Mr. Mullooly is vice chair of the firm’s Energy Industry Team.

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Kurt R. Rempe, Foley Lardner, Energy, Tax Lawyer, Pipeline Industry
Associate

Kurt Rempe is an associate and business lawyer with Foley & Larder LLP where he focuses on energy and tax law. His experience includes representing clients in tax equity investments in renewable energy projects; and regulatory matters related to the electric, natural gas and oil pipeline industry. Mr. Rempe has electric experience in transmission service and interconnection agreements, power purchase agreements, open access requirements, market-based rates, qualifying facility certification, reliability rules, sales and acquisitions of electric generation assets,...

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