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  Jacob Hollinger handles environmental and energy-related compliance and litigation matters for energy, manufacturing and financial sector clients. He is a former high-ranking Clean Air Act attorney for the US Environmental Protection Agency (EPA), has handled dozens of government investigations and enforcement actions and has extensive experience in all aspects of civil litigation. Read Jacob Hollinger's full bio.

Six Takeaways: Utilization and Structuring for Section 45Q Carbon Capture Credits


By , , and on Jun 12, 2020
Posted In Environmental, Natural Gas, Project Development and Finance, Renewables, Tax

On Thursday, June 11, McDermott partners Phil Tingle, Heather Cooper and Jacob Hollinger were joined by Ken Ditzel, managing director at FTI Consulting, to discuss their insights into the proposed Section 45Q carbon capture and sequestration credit regulations. The Treasury Department and IRS recently published proposed regulations implementing the Section 45Q carbon capture and sequestration...

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Three Takeaways: Tensions in the Renewable Energy and Environmental Markets


By on Jun 5, 2020
Posted In Environmental, FERC, Power Markets, Project Development and Finance, Renewables, Uncategorized

McDermott recently hosted Jonathan Burnston, Managing Partner of the energy sector financial services firm Karbone, for a discussion of recent developments affecting environmental, social and governance (ESG) investing, renewable energy and carbon offsets. Three takeaways from this week’s webinar below: Interest in ESG investing is unlikely to fade. ESG indices have performed relatively well in the...

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How Energy Company Buyers Can Limit Environmental Liability Risk


By and on Jun 1, 2020
Posted In Enforcement Defense, Environmental, Natural Gas, Project Development and Finance, Renewables

Many energy companies may be driven into bankruptcy because of the COVID-19 pandemic. Third parties seeking to purchase those companies’ assets may be concerned about potential successor liability for the seller’s environmental obligations. This article highlights some steps that asset purchasers in bankruptcy can take to reduce the risk of such liability. Successor liability exists...

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Clean Air Act Permit Challenges — New Rules On the Way


By and on Sep 6, 2016
Posted In Environmental

In the United States, the federal Clean Air Act (CAA) requires all “major sources” of air pollution, such as power plants, refineries and other large industrial facilities, to obtain permits detailing the conditions under which those sources are allowed to operate. Such “Title V” operating permits, as they are commonly known, are typically issued by...

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New Climate Change Guidance for NEPA Reviews


By on Aug 3, 2016
Posted In Environmental, Project Development and Finance

In the United States, federal agencies that license, permit or finance energy and infrastructure projects must, with some limited exceptions, analyze the environmental impacts of those projects before they approve them, pursuant to the National Environmental Policy Act of 1969 (NEPA).  But to what extent must those agencies consider climate change impacts as part of...

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Implications of the Clean Power Plan Stay


By on Feb 12, 2016
Posted In Environmental

Late in the day on Tuesday, February 9, the U.S. Supreme Court stayed, for at least a year and possibly longer, the implementation of the Clean Power Plan (CPP), the US Environmental Protection Agency’s (EPA’s) widely-publicized regulations governing greenhouse gas emissions from existing coal-, oil- and gas-fired power plants.  The stay means that the CPP’s requirements and...

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EPA’s New Refinery Rule—Next Generation Compliance in Action


By on Oct 19, 2015
Posted In Environmental

The U.S. Environmental Protection Agency (EPA) signed a new air pollution rule in September that illustrates how EPA is implementing its next generation compliance ideas.  The rule governs hazardous air emissions from petroleum refineries, but features several “next gen” tools that are relevant to other types of facilities, especially chemical plants and oil and gas...

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What Comes Next for Mercury Emissions from Power Plants?


By on Jun 29, 2015
Posted In Environmental

The U.S. Supreme Court held this morning that the U.S. Environmental Protection Agency (EPA) acted unreasonably when it determined in 2000, and again in 2012, that it was “appropriate and necessary” to regulate mercury emissions from coal-fired power plants.  The central flaw in EPA’s reasoning, the Court held, is that the agency failed to consider...

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An Update on EPA’s Approach to Methane Emissions from the Oil & Gas Sector – Including a Summary of the Agency’s Proposed New Reporting Rule


By on Dec 4, 2014
Posted In Environmental

The U.S. Environmental Protection Agency (EPA) is expected to announce between now and December 31, 2014 its plan for pursuing methane reductions from the oil and gas sector – including whether it will propose new emission reduction regulations.  Additionally, the agency recently modified its greenhouse gas (GHG) reporting rules for oil and gas systems and...

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EPA Proposes to Eliminate Affirmative Defenses for Many Clean Air Act Violations


By and on Sep 16, 2014
Posted In Environmental

The U.S. Environmental Protection Agency (EPA) issued a proposed rule on September 5, 2014 that would prevent states from including affirmative defenses in their Clean Air Act state implementation plans (SIPs) for emissions exceedances that occur during startup, shutdown and malfunction (SSM) periods.  The proposal would also require several states to revise their existing SIPs...

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