Biofuels Energy Counsel Update: RFS Litigation, LCFS Amendments, Increased E15 Access, 45Z Credit Strategy

Ms. Lafferty is an attorney in Holland & Knight's Washington, D.C., office who focuses on energy and environmental issues impacting petroleum, biofuels and energy trading industries. She is recognized as a leading energy transition adviser on regulatory, commercial and policy issues related to mandatory climate change programs, including the Renewable Fuel Standard (RFS), Renewable Identification Number (RIN) trading, EPA Greenhouse Gas Reporting Program, California Low Carbon Fuel Standard (LCFS), Oregon and Washington Clean Fuel Standard (CFP), California Cap and Trade, and Oregon Climate Protection Program. Ms. Lafferty also helps clients navigate voluntary markets and the trading of carbon offsets. She is part of the firm's Greenwashing Mitigation Team, helping guide clients through the increasingly regulated and litigated world of green and renewable claims and statements. Ms. Lafferty advises clients on compliance issues impacting an array of commodities, including gasoline, ultra-low sulfur diesel (ULSD), ethanol, biodiesel, renewable diesel, sustainable aviation fuel (SAF), renewable natural gas (RNG), responsibly sourced gas, metals and agricultural products. Under her leadership, her team has been recognized by Environmental Finance as having the best practice for Northern American Markets, RINs and renewable energy certificates (REC) from 2017-2022.

Mr. Marcelino focuses his practice on providing tax planning advice to clients in the energy sector and to clients interested in achieving environmental, social and governance (ESG) goals through clean energy. He also advises U.S. and non-U.S. clients on federal income tax matters related to complex mergers and acquisitions (M&A) transactions and corporate restructurings. In the energy sector, Mr. Marcelino advises clients with respect to investment tax credits (ITCs) and production tax credits (PTCs) for renewable power, including solar, onshore and offshore wind, energy storage, hydrogen, biogas property and other technologies incentivized through tax credits. He also represents energy clients in seeking legislative and regulatory changes; obtaining U.S. Department of the Treasury and IRS guidance, both public and private; maximizing the value of tax credits, including through "begun construction" strategies; and project development, joint ventures and tax equity investments.

Mr. McCullough is recognized for his experience in the production, trade, shipment and use of renewable fuels, renewable natural gas, low-carbon energy and products, environmental and carbon credits, petroleum products and other energy commodities. He serves as legal counsel on cutting-edge energy matters, including the development, acquisition and sale of renewable natural gas (RNG) facilities, advanced recycling facilities, renewable diesel and sustainable aviation refineries, carbon capture projects, reforestation projects and other low-carbon investments. For the past 15 years, Mr. McCullough has helped guide the energy industry on the implementation of the Renewable Fuel Standard (RFS) and state low-carbon fuel standards (LCFS). He has been involved in almost every significant development associated with those programs, including not only investments and acquisitions incentivized by the RFS and LCFS, but also regulatory matters related to the implementation of every RFS rulemaking to date and some of the largest enforcement proceedings brought to date. Mr. McCullough has developed what have largely become industry standard terms for the trade of RNG, RINs and LCFS credits, having served as counsel on over 40 RNG offtake transactions. He counsels clients on the reduction of greenhouse gas emission and cap-and-trade programs, carbon emission allowance and carbon offset trading, having helped form numerous funds to buy and hold carbon allowances and LCFS credits.