Legal Alert: More Regulatory Stability and Incentives for Biogas and Biomass Projects

By Sutherland. 

Last month, the U.S. Environmental Protection Agency (EPA) announced a host of new incentives to encourage the use of fuels derived from biomass—including biogas that replaces traditional natural gas in the form of compressed natural gas (CNG) or liquefied natural gas (LNG). EPA is planning to develop rules allowing states to rely on biomass obtained from sustainable practices to be used for compliance with its “Clean Power Plan” to cut carbon dioxide (CO2) emissions from power generating facilities and exempting certain biomass-based greenhouse gas (GHG) emissions from best available control technology requirements when obtaining permits under the Clean Air Act.