Phil Lookadoo in Law360: ‘Energy Policy to Watch in 2022’

January 04, 2022

Climate change and clean energy development will remain Biden administration priorities in 2022 with further regulation and executive orders but expecting similar moves from Capitol Hill may be too optimistic.

Energy attorneys are expecting federal agencies to take actions to curb greenhouse gas emissions as well as boost development of transmission and other electricity infrastructure. But with Democrats holding a slender majority in Congress and midterm elections looming, more major legislation, such as the bipartisan Infrastructure Investment and Jobs Act enacted last fall, will be a tough sell. The $1.75 trillion Build Back Better Act, for one, stalled in the Senate in December after passing the House in November, though Senate Democrats have vowed to try again this year. …

"I still think you're likely to see a lot more Scope 3 emissions analysis coming into that environmental review for pipeline projects," said Phil Lookadoo, Haynes and Boone, LLP's administrative partner in Washington. "I think that there's going to be a requirement that you give an explanation as to how your pipeline project fits into an energy economy that's in transition toward [dealing with] climate change."

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