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1、Grow|Protect|Operate|FinanceOctober 2024 Dentons Global Smart Cities&Connected Communities Think Tank Annual Report 2024Dentons Global Smart Cities&Connected Communities Think Tank brings together the resources of the worlds largest law firm with leaders of government,businesses,academia,innovators

2、and stakeholders to craft cutting edge legal,economic and policy solutions to societal challenges in an era of accelerating technological change.Think Tank members work with city and community leaders to take advantage of technological developments to enable modernization and coordination of digital

3、,physical and social infrastructure to make delivery of public,private and hybrid services more efficient,cost effective,secure,equitable and socially beneficial.Nearly seven years ago,a small group of colleagues sought to align their efforts to harness technological advancements to modernize critic

4、al community infrastructure in a cost-effective and efficient manner in order to address a host of growing and overlapping societal problems.This collaborative conversation grew into our Global Smart Cities&Connected Communities Think Tank Initiative.Now more than 750 members strong,the Think Tank h

5、as convened in person and virtually more than 50 times to take on some of the most vexing,urgent and exciting challenges associated with modernized urban living.The starting point of our work came from alarming statistics about the coming massive surge in urban migration against a backdrop of insuff

6、icient and antiquated infrastructure,the global climate crisis,and increasing social unrest,on the one hand,and the rapidly increasing pace of technological advancements with applications that promise a more livable,sustainable,and connected future.For most of human history,and as recently as the tu

7、rn of the current century,the vast majority of people on this planet lived in small communities.2007 marked the first time that urban populations exceeded their small,rural counterparts.Today,that number is approaching 60 percent and continues to increase,1 and in Europe,Australia,Russia and most of

8、 the western hemisphere,this figure already surpasses 70 percent.Predictions are that by 2050,just one generation into the future,the entire planet,save the population of just a small handful of countries,will reside in urban areas.2 We are unprepared for this shift.1.See https:/ourworldindata.org/u

9、rbanization based on World Bank data from the UN Population Division.2.Id.Note to our readersIn the few years that this Think Tank has been in existence,there have been dramatic changes that have impacted our cities and communities in ways we could hardly have imagined.In our early years,we talked a

10、bout the impact that data centers would have on our energy infrastructure as systems became more interconnected and our daily activities become more electrified.Now that artificial intelligence(AI)has taken center stage,we are no longer just discussing the need to modernize our grid,but instead cons

11、idering the hard choices that may have to be made between powering our homes and businesses and powering the massive data centers that are needed to process the information on which AI relies.AI has also changed the content and urgency in our discussions about cybersecurity privacy.But AI also has t

12、remendous potential for improved operations and incorporation of life-enhancing technologies in cities and communities.In our first year,we discussed the essential need for community buy-in,especially where people are going to be asked to pay for infrastructure modernization initiatives.We also disc

13、ussed the challenges of coming to a coherent consensus in a world where people tend to remain in their own preferred echo chambers.In the post-pandemic world where social inequities have been both exposed and magnified,where facts are viewed with skepticism,and where issues that intuitively should b

14、e nonpartisan are instead politically fraught,this phenomenon is even more acute.In the early years,we talked about mitigation measures to keep the planet within the 2C threshold that was thought to be critical to our survival.Today,now that we have crossed that point of no return,the discussion has

15、 shifted to adaptation strategies that address health,food supplies,and the effects of extreme weather.In sum,in less than a decade,it is already a vastly different world.D 3This year,the Think Tank continued to tackle issues of social justice and equity,as well as security,digital connectivity,ener

16、gy resource and grid-related issues,but also took a deep dive into new topics,such as AI,decarbonization,hydrogen,and smart agriculture.We also took a close look at the relationship between the US federal government and state authorities on infrastructure-related matters in the wake of recent Suprem

17、e Court decisions and corporate governance trends.Finally,we reorganized our panel structure,including the addition of new Pillars of thought leadership,to keep pace with the evolution of priorities by cities and communities.We added an infrastructure panel that looks at developments and trends in i

18、nfrastructure and global best practices at a macroeconomic level.We also added a Pillar to explore the development and impact of large data centers,and one dedicated to the potential represented by AI in smart and connected cities and communities.Our hope is that as you browse this report,you will b

19、e as inspired as we are by the challenges ahead and will continue to engage with all of us as we work through them together with an eye towards a more connected,collaborative,and sustainable future for our cities and communities.Special thanks for their tremendous support of think tank activities ov

20、er the past year to Think Tank Administrator Dorinda Graves;Contributing Editorial Advisors Barbara Tyran,Director of the Macro Grid Initiative at American Council on Renewable Energy(ACORE);Walt Duflock,Vice President of Innovation at Western Growers;Andrew Snowhite,Chief Strategy&Sustainability Of

21、ficer of Snowhite Strategies;Rebecca Kennedy,Principal Corporate Counsel,Microsoft;Edward Lindsay,Partner,Dentons;Dentons law clerks Grace Charles and Matthew McDonnell;Editorial Assistant Dena Sholk;Think Tank Administrative&Logistics Support Dee McGill,Gay MacLean,Bryan Cooper and Asta Glatz.Clint

22、on VinceSmart Cities&Connected Communities Think Tank Co-CEmma Hand Smart Cities&Connected Communities Think Tank Co-CJennifer MorrisseySmart Cities&Connected Communities Think Tank Editorial BLinda WillardSmart Cities&Connected Communities Think Tank Editorial B4 DIn this volume3.Note to our reader

23、s6.Pillars of Thought Leadership for a Successful Smart Cities&Connected Communities Strategy12.Connections&Insights16.2023-2024 Roundtable Re-Cap34.Special Report The Supreme Court,Policy and Regulatory Uncertainty:The Effect of the Loper Bright Decision on a Smart and Connected Future in the US40.

24、Smart Cities&Connected Communities Thought Leadership41.Navigating the tides of sustained infrastructure investment in the US 44.Americas Decaying Water System And How Smart Technology Can Help Fix It46.The Inflation Reduction Acts Future After the 2024 Election50.Maritime:The Next Sustainable Mobil

25、ity Revolution53.The EV Race,and a“Soft Landing”56.Smart Agriculture:Biologicals and management of pests and disease avoiding fiascos58.Student Note:Urban Parks:Who Benefits?60.Engage with the Think TankPillars of Thought Leadership for a Successful Smart Cities&Connected Communities StrategyA succe

26、ssful smart cities and connected communities strategy will focus simultaneously and in an integrated manner on a number of key Pillars addressing the challenges and implications of infrastructure modernization faced by city and community leaders and the people and organizations who inhabit them.Reco

27、gnizing the era of accelerating change,we strive to structure our Pillars to be nimble to accommodate shifts in priorities,technologies and approaches.Pillars are re-organized or added each year to accommodate these changes and to ensure that the Think Tank remains on the cutting edge of key issues.

28、Government Leadership&Public PolicyDeveloping engagement strategies at every level of government,including identifying and building relationships with decision-makers and people empowered to implement the necessary components of a smart city,is essential to the success of a smart and connected commu

29、nity.This Pillar focuses on identifying and tailoring best practices for policy-makers grappling with modernizing regulations and processes to promote smart,sustainable,secure and equitable growth.Regulations need to be designed effectively so as to minimize development costs,expedite technology dep

30、loyment,and achieve efficient and equitable outcomes for communities.This design can be done both proactively,in the early stages of smart city implementation,and reactively,if legal or administrative structures emerge that may present challenges at a later phase.Infrastructure ModernizationInfrastr

31、ucture modernization is the cornerstone of any smart cities initiative.This Pillar looks at key issues and challenges related to developing and maintaining critical infrastructure from a holistic and integrated perspective.This Pillar also examines best practices related to modernization,deployment

32、and implementation of digital,physical and social infrastructure.D 7TelecommunicationsAdvanced telecommunications systems are layered into all physical infrastructure to support smart technologies.The Think Tank works with stakeholders to evaluate and advocate policies that promote the deployment of

33、 advanced technologies and the development of compatible firmware and hardware.A focus on facilitating multiple uses for smart infrastructure upgrades is essential to minimizing costs and ensuring that costs are appropriately shared among a broad array of beneficiaries.Equitable access to telecommun

34、ications infrastructure also has tremendous benefits in terms of mobility of communities,as daily activities and essential services increasingly take place in a virtual environment.The mission of the Telecommunications Pillar is to promote the layering of advanced telecommunications onto the moderni

35、zed grid as the backbone infrastructure for a smart and connected community to ensure cost-effective,equitable and secure access to essential services.Transportation&MobilityWhen transportation and mobility infrastructure is powered by advanced technologies,cities will realize countless benefits,fro

36、m reduced emissions and congestion as clean vehicle and public transport or other ride share use increases,to enhanced public safety and economic development opportunities as underserved communities are connected with employers through efficient,data-driven mass transit.Because mobility,both physica

37、l and virtual,is key to quality of life in cities and communities,this Pillar keeps abreast of the latest physical infrastructure and policy options to support technological advancements in transportation and mobility for the modern economy,including deployment of electric and autonomous vehicles,up

38、dated traffic and transit systems,and digital and virtual mobility options.Technology&InnovationThe Technology and Innovation Pillar aims to build bridges to connect advances coming from centers of innovation,such as national laboratories,universities and private enterprises,with cities and communit

39、ies seeking feasible strategies to design and install systems to support their infrastructure needs and to explore new approaches to both recent and long-standing challenges.At times,the Think Tank will pull out specific developments or trends in technology and innovation into a separate Pillar for

40、individual discussion and collaboration.Energy,Electrification&ResilienceElectric grid modernization is the touchstone of an effective and comprehensive smart city strategy.Without a modern,safe,reliable and resilient grid,implementation of smart technologies is limited.The Think Tank addresses the

41、modernization of electric infrastructure and transitioning to a multi-directional grid with advanced clean technology solutions,including a broad array of distributed energy resources,integrated demand response and efficiency measures.The Energy,Electrification&Resilience Pillar is dedicated to supp

42、orting cities and communities in collaboration with energy companies,customers,regulators and stakeholders to ensure that affordable,reliable,and sustainable power and fuel resources are provided on an equitable basis as the energy economy is reimagined.8 DSecurity&PrivacyThis Pillar aims to underst

43、and and advance the creation of systems to secure critical infrastructure in a world of ever-changing risk,and to protect privacy while allowing for deployment of advanced digital technologies,including frameworks and protocols for data gathering and use.Among other activities,the Pillar will connec

44、t thought leaders in these areas and promote educational resources and lessons learned to help cities and communities prepare for,protect against and mitigate cyber and physical disruptions to critical infrastructure systems.Artificial IntelligenceWhere the electrical grid and advanced telecom funct

45、ion as the backbone of a smart city,AI is rapidly becoming the brain and nerve center.AI is enabling advancements and efficiencies,as well as rapid adaptation to changing circumstances.AI has the potential to significantly improve public services,planning,mobility and emergency response,among many o

46、ther things that will improve sustainability and livability in our cities and communities.At the same time,there is a lot of work to be done to build trust in the technologies and build in safeguards against abuses or unintended impacts as advancements are outpacing our ability to harness and contro

47、l it.Data CentersBecause of the need for powerful,large scale data centers to process the digital information required to operate and protect smart infrastructure,data centers have become a central component of a smart and integrated future.From AI-powered technologies employed in everything from mu

48、lti-directional,self-healing power grids to sensors to transportation to algorithms to improve efficiency and manage transactions to health care and food production and beyond,data centers are the essential facilities that enable the activities that make up our daily lives.However,at present,the nee

49、d for data centers exceeds current availability and lags behind development of the technologies that depend on them.This Pillar explores this challenge and also looks at the intersection of data centers,technology,power and sustainability.HydrogenThis Pillar focuses on the potential of hydrogen as t

50、he fuel of a smart and connected future.Hydrogen can take energy markets to the next level by coupling gas and electricity,facilitating the integration of renewable energies and efficiently driving forward the decarbonization of CO2-intensive industries such as chemicals,petrochemicals and steel,as

51、well as the mobility and power sectors.The mission of the Hydrogen Pillar is to learn about and track the development of hydrogen as a clean,reliable,secure and potentially affordable energy source.This Pillar also examines how the creation of clean hydrogen hubs in smart cities and communities can

52、advance decarbonization,create jobs and utilize economies of scale to meet the growing demands of electrification.D 9Investment,Finance&Economic DevelopmentBecause of the varied benefits that will flow from smart infrastructure,modernization initiatives may exceed the scope of traditional municipal

53、infrastructure projects,creating challenges in financing,city budgeting and planning,capacity and jurisdiction.The Think Tank explores how these challenges are being addressed in communities around the globe.This Pillar is dedicated to identifying optimum funding strategies and solutions from both e

54、xisting and untapped sources of capital to accelerate the development of smart cities,and to facilitating conversations among industry thought leaders,policy makers and finance professionals on how best to achieve the expected benefits that will flow from smart cities,including improved environmenta

55、l health,social justice and positive economic outcomes for communities worldwide.Buildings,Cities&Green Space PlanningSmart buildings and an integrated approach to planning are a foundational building block of tomorrows cleaner,healthier cities and communities.This Pillar aims to encourage the plann

56、ing and transformation of communities and community spaces that are more sustainable and equitable.Working together with municipalities,real estate developers,architects and engineers,land use experts and other stakeholders,we seek to develop strategies to improve productivity,energy efficiency and

57、livability in sustainable,safe and affordable communities.Community Engagement&EducationCommunity social infrastructure is as critical as physical and digital infrastructure in any modernization initiative,but it is often given far less attention.This Pillar brings together community leaders,interes

58、t groups,businesses and residents to conduct education and outreach to ensure broad,informed public participation,understanding and buy-in to the benefits that a smart and connected community can offer,and to adapt initiatives to the diverse needs and desires of the community.This Pillar also examin

59、es educational opportunities and structures,including K-12 education programs and workforce development,which are essential for communities to benefit from massive economic transformation.Water,Wastewater&WasteWater is essential to the well-being and functioning of any city or community.Water availa

60、bility and quality are two of the greatest challenges that cities and communities will face moving into the future.Similarly,wastewater and waste are issues faced by every city and community worldwide.The Think Tank brings together technical,legal,and policy experts from government,industry,academia

61、 and NGOs who are at the forefront of water resources planning to develop new approaches to address water,wastewater,and waste issues,including exploring solutions for cities and communities to enhance the abundance and quality of water,to support education and deployment of advanced water technolog

62、ies,and to mitigate the negative impacts of waste and wastewater.10 DHealth&SafetyThis Pillar examines smart delivery of health and safety services,including by maximizing the opportunities offered by the“Internet of Things”to enhance security,safety and operational efficiencies related to healthcar

63、e and public safety.In times of disruption or crisis,a smart and connected approach allows interdependent sector and stakeholder engagement to serve the citizens and economy,both holistically and optimally,in times of crisis or uncertainty,by bringing together critical infrastructure cross-sector pa

64、rtners such as utilities,telecommunications,first responders and health care workers,media and government agencies,educators and social workers,and many others to devise collective responses based on lessons learned and best practices.Environment&SustainabilityThis Pillar brings together leaders fro

65、m cities and communities,as well as state and federal government agencies,companies,and a variety of organizations,to ensure that environmental strategies support economic opportunity while sustaining natural resources and improving quality of life.Among the many topics addressed by this Pillar are

66、strategies to address a changing climate,including mitigation and adaptation;structural changes that may improve infrastructure while enhancing the environmental quality of cities and communities;and responses to ever-fluctuating societal priorities and demands,including how companies called on by t

67、heir customers,investors and employees can lead by example in areas where governments have been slower to take action.NGOs&UniversitiesUniversities,non-governmental organizations,and think tanks often serve as incubators and testing grounds for early adoption of smart technologies.Universities,in pa

68、rticular,are often akin to micro-cities with populations eager to embrace new technologies and with financial and physical structures that enable faster implementation of innovations.Once tested and revised,these innovations may later be deployed on a wider basis in cities and communities.The NGOs&U

69、niversities Pillar taps into these organizations to provide intellectual firepower,to nurture public trust in the development of smarter and more connected communities,and to collaborate and learn from the scale models for utilization of smart infrastructure that they are uniquely positioned to prov

70、ide.Inclusion,Equity&JusticeThis Pillar examines physical and social structures,both explicit and implicit,that impact the ability of communities to take advantage of economic and technological improvements in city and community infrastructure.The goal of leveraging technological developments to enh

71、ance physical infrastructure and improve delivery of services is to better the lives of all of the communitys inhabitants.Social infrastructure is inextricably intertwined with digital and physical infrastructure.The mission of the Inclusion,Equity and Justice Pillar is to explore how cities and com

72、munities are addressing systemic inequities in order to earn the confidence and social license necessary to implement an inclusive approach to infrastructure modernization projects and policies that will benefit the whole community so that equity,social justice and human rights are protected and adv

73、ance in step with sweeping technological changes.D 11Connections&InsightsIn each volume of our Annual Report,we invite Think Tank members to respond to questions about current trends related to smart cities and connected communities and to share their insights on what they think the future holds.Wit

74、h so much focus in the media this year on global crises and risks threatening so many aspects of our daily lives,we asked our Thought Leaders to reflect on the most promising and positive developments that have occurred or are imminently on the horizon.Here is what a few Think Tank members had to sa

75、y:The US has moved from an era of flat electricity demand to one of significant growth,accelerated by AIs thirst for computing power.Thankfully,weve seen a tremendous response from entrepreneurs,investors and policymakers.Scalable,data-driven solutions,from virtual power plants to energy-aware data

76、centers,are leading the way toward more resilient and sustainable infrastructure.David Gilford Head of Policy and Strategic Partnerships SIP Advisor to the Urban Future Lab Member of the Investment,Finance&Economic Development PillarMajor cities across the US and around the world are working to buil

77、d climate resilience into city structures.For example,the Smart Surfaces Coalition is working with 10 major US cities and several cities in India,along with local community organizations,on the targeted deployment of smart surfaces(reflective and green surfaces,rooftop solar and permeable surfaces)t

78、o combat urban heat effects and stormwater flooding,while reducing greenhouse gas emissions,in a scientifically rigorous,cost-effective and equitable manner.That effort has attracted strong support from major national and international urban planning and public health organizations and substantial f

79、ederal and charitable foundation grants.Simon Steel Partner,Dentons General Counsel,Smart Surface Coalition Member of the Buildings,Cities&Green Space Planning PillarThe integration of artificial intelligence and“Internet of Things”technologies in many aspects of city infrastructure marks an importa

80、nt step toward urban sustainability and resilience.By harnessing real-time data,cities are optimizing public services,leading to more efficient resource use and,importantly,better management of rapidly growing populations.Some of these innovations present risks,but properly managed,they also hold th

81、e promise of a more livable urban future.Dr.Fenner Steward Co-Chair of the NGOs&Universities Pillar Associate Professor of Law,University of Calgary Fellow at US School of Public Policy Fellow at Desautels Centre for Private Enterprise and the LawCities are increasingly adopting smart transportation

82、 systems(e.g.,Googles Green Light),which utilize technologies such as intelligent traffic signals and real-time public transit tracking to reduce congestion and improve efficiency.Complemented by air quality sensors and renewable energy sources,cities are not only modernizing but reducing their envi

83、ronmental footprint and improving public health along the way.These new smart city capabilities offer significant benefits,and if implemented with modernized digital policies addressing data privacy,security and equitable access,they can support a more livable and sustainable future.Kristina Podnar

84、Global Digital Policy and Governance Expert Senior Policy Director,Data&Trust Alliance Member of the Security&Privacy Pillar Author,The Power of Digital PolicyD 13In my view,the only way smart cities can work is if there is efficient and sustainable transportation infrastructure available to people.

85、In the last two years,we have seen significant commitment to providing that infrastructure as a fundamental component to plans for new models for living.For example,in southern Ontario,the province is now electrifying the entire rail service network and increasing significantly its service levels.Gr

86、eg McNab Partner,Dentons Corporate Practice Canada Co-Chair of Dentons Mining GroupNetworked energy provision in the UK has long been almost entirely organized at the national level,but there are indications that more local and municipal energy activity may now be in the cards.The Energy Act 2023 se

87、ts out a blueprint for a UK regulatory framework for heat networks(closely modelled on existing electricity and downstream gas legislation),on the assumption that economic regulation will increase confidence in and uptake of a technology/business model that remains significantly under-exploited in t

88、he UK,where individual gas boilers dominate space heating in all buildings.There is also provision for mechanisms to enable the areas that are most likely to benefit from the rollout of district heating,both locally and nationally.The Act also sets the stage for regulation of“energy smart appliances

89、”and the“load control”signals to which they are designed to respond,with the apparent aim of using product-specific regulations and a range of technical standards to build confidence in these new technologies and so enable them to contribute to outcomes that are positive from decarbonization,securit

90、y of supply and affordability points of view.Further impetus towards the increased adoption of local energy solutions may come from the new UK governments proposals for legislation to devolve more power to municipal authorities and remove obstacles to development generally,and its moves to encourage

91、 more local power generation,as well as a possible move towards zonal power pricing as part of a wider reform of electricity wholesale market arrangements in the coming years.Adam Brown Counsel in the Energy Practice of Dentons London office Member of the Energy and Government Leadership&Public Poli

92、cy Pillars14 DD 152023-2024 Roundtable Re-CapOur Roundtable Series over the past 12 months has included in depth discussions of trends,technologies,disruptions,and opportunities impacting infrastructure modernization initiatives in cities and communities around the country and the world.AI,cybersecu

93、rity and social justice issues all figured prominently in this years series.The Think Tank also highlighted challenges and opportunities related to sustainability with conversations about climate,water and new topics such as smart agriculture.Following are summaries of the discussions,along with lin

94、ks to the recordings and certain related materials.September 2023Getting To Know AIs Revolutionary Potential and VulnerabilitiesCo-hosted with the Keystone Policy CenterThis discussion focused on existing and forthcoming risks,challenges,and opportunities associated with leveraging Artificial Intell

95、igence(AI)tools in the energy sector.Panelists included:Siva Sankarnarayanan,Principal Technical Leader for the Advanced Buildings and Communities Research Program at the Electric Power Research Institute(EPRI)Dr.Kelly Rose,Technical Director for the National Energy Technology Laboratory(NETL)Scienc

96、e-based Artificial Intelligence/Machine Learning Institute(SAMI)Todd Daubert,Partner,Federal Regulatory and Compliance practice,Dentons Llewellyn King,Executive Producer and Host“White House Chronicle”Christian Derosiers,Founder of VisceralAI is not a single,homogenous product.It is an entire discip

97、line of diverse machine learning(ML)tools,or Artificial Intelligence/Machine Learning(AI/ML).Supervised and unsupervised machine learning involve data aggregation techniques that reduce dimensions and clusters and allow for the rapid identification of patterns within a data set.Generative AI is part

98、 of a broader category of“deep learning,”which involves the creation of text,images,or other content through generative models.Predictive AI generally encompasses a set of tools that leverage natural language processing and neural networks to identify historical patterns and generate forward-looking

99、 predictions.AI/ML tools have existed for decades and are already widely used across industries.Today,the extraordinary feature of AI/ML tools is that they are available at an enormous scale.AI/ML applications in Smart CitiesAI/ML tools are deployed across the energy value chain,although they take o

100、n a particular definition in a Smart Cities context.Siva Sankarnarayanan,Principal Technical Leader for the Advanced Buildings and Communities Research Program at the Electric Power Research Institute(EPRI)defined AI/ML as a set of tools that have(1)an abundance of heterogenous data,(2)with a learni

101、ng objective,and(3)an optimization goal.In other words,smart cities contemplating an AI/ML tool must first identify the question they want answered,the factors(and associated data)that need to be considered when solving the question,and a strategic target.AI/ML tools are already deployed to improve

102、numerous existing processes.At the household level,AI/ML models leverage operational data to predict proactive maintenance timetables for home HVAC systems.Utilities and governments also use AI/ML tools to predict and measure grid resilience,adaptation,and preparedness ahead of extreme weather event

103、s.In California,a large-scale IoT network of sensorsa so-called“mesh network”is leveraged to detect smoke and wildfires to provide an early warning to utilities and aid in the strategic management of lines in areas with relatively dense vegetation.Dr.Kelly Rose,Technical Director for the National En

104、ergy Technology Laboratory(NETL)Science-based Artificial Intelligence/Machine Learning Institute(SAMI)focused on AI-driven solutions for applied energy science,environmental and social justice,highlighted how predictive AI tools can collect data from existing sensors to predict hurricane strength,we

105、ather events,wildfires,and flooding.When deployed at scale,these AI/ML tools could potentially enable communities to appropriately prepare for extreme weather events.D 17AI/ML applications can also assist local governments when assessing technical challenges and planning the energy transition.To ill

106、ustrate,EPRI,in partnership with the Tennessee Valley Authority(TVA)has leveraged AI tools to realize a 70 percent improvement in community-wide broadband access.AI/ML models are also being used to aggregate data on household electricity consumption,utility sales,census data,weather trends,along wit

107、h cost and rate estimates to assess potential savings and demand reductions.AI/ML tools were also used by NETL in the decade following the 2010 Deepwater Horizon oil spill to develop a suite of advanced computational tools to monitor environmental impacts in the Gulf of Mexico,and to predict and pre

108、vent future offshore oil and gas spills.The data and research insights have aided in pioneering new methods to understand subsurface dynamics,engineered components,and oceanographic and climatological systems to improve modeling and forecasting.Longer term,these AI/ML tools could be deployed to iden

109、tify at-risk ecosystems,thereby informing regulators engaged in environmental maintenance and monitoring.NETL is also testing these and other AI/ML tools so they will eventually be ready for widespread commercial use.Dr.Rose notes that NETL AI/ML tools that predict oceanographic currents could be ap

110、plied in the commercial shipping and transportation segment,allowing vessels to more strategically plan their routes.These same tools could be leveraged to predict,and therefore manage,migrant follows,plastic pollution movements,and other policy considerations.AI/ML adoption requires due diligence,e

111、xperimentation,and security measuresA key challenge for AI/ML use centers on data security,particularly in customer-facing applications that lack security protocols.Biometric authentication methods,such as iris-scanning,or zero knowledge proof technology,which authenticates an individuals identity b

112、ased on a certain credential,are likely to become more pervasive as the use-cases for AI/ML tools expand.Todd Daubert,Partner,Federal Regulatory and Compliance practice,Dentons,recommends organizations that are considering a new AI/ML tool vet the vendors data-protection systems,policies,protocols a

113、nd infrastructure to ensure the vendor is capable of safeguarding sensitive data and does not intentionally or unintentionally use collected data in an unexpected way.The key to risk mitigation is understanding the proposed AI tool and assessing whether it is an appropriate tool for the desired goal

114、.Another challenge associated with AI/ML involves the rise of“deepfakes”as emphasized by Llewellyn King,Executive Producer and Host“White House Chronicle.”AI/ML tools are being used to generate images and content that is extraordinarily difficult to verify as authentic.For businesses,governments,and

115、 society as a whole,the unfettered use of AI/ML tools to generate news presents various ethical challenges,and efforts should be made to develop tools that allow verification of information.A recording of the full discussion is found here:https:/ 2023Smart Cities and Sustainable AgricultureSustainab

116、le agriculture captures the practices,approaches,technologies,and infrastructure required to support food and livestock cultivation in a manner that maximizes efficiencies and minimizes negative environmental externalities.Guest panelists for this discussion included:Vartan Saravia,General Counsel (

117、Americas&Pacific)and Corporate Secretary at HM.CLAUSE Jill Kutzbach Sanchez,Director,Sustainability at John Deere Lisa Mather,Vice President,General Counsel at Mars Wrigley Walt Duflock,Senior Vice President,Innovation at Western Growers18 DTechnology maximizes efficiencies and output throughout the

118、 agricultural lifecycleContemporary sustainable agriculture practices start with the seed.Vartan Saravia,General Counsel(Americas&Pacific)and Corporate Secretary at HM.CLAUSE,highlighted that advances in seed engineering and breeding has shortened the generation times for foraging and yield;cultivat

119、ion processes that previously took seven to eight years can now be achieved in one year.Enhancements to plant phenotypes through genetics have allowed farmers to cultivate plants with better tolerances to diseases,manage weather events and droughts,improve yield,and produce products with better tast

120、e and an enhanced nutritional profile.Complementing advances in seed engineering,farmers are partnering with companies like John Deere to optimize seed placement and cultivation processes.Jill Kutzbach Sanchez,Director,Sustainability at John Deere,noted the companys evolution from a machinery-centri

121、c enterprise to a shepherd of technological innovations throughout the agricultural ecosystem.Data and insights collected allow farmers to allocate resources more efficiently.For example,a process called“target shooting”targets herbicide directly to weeds rather than dispersing it across an entire f

122、ield.This approach saves costs,reduces run-off and conserves water resources all while preventing weeds from stealing nutrients from the soil.Lisa Mather,Vice President,General Counsel at Mars Wrigley,discussed her companys engagement efforts with the goal of improving regenerative agriculture pract

123、ices and lessening the climatic impact of suppliers operations.For example,in sourcing almonds,Mars and its partners are investing in cover cropscrops that are planted not for their own value but to achieve other environmental goals.Almond trees are water-intensive crops.But recent experimentation i

124、llustrates that by planting cover crops alongside almond trees improves soil structure,reduces soil carbon levels,and creates pollinator habitats.Other practices being explored include the use of compost and biochar to reduce fertilizer needs and improve soil water retention,subsurface irrigation to

125、 reduce loss through evaporation,harvesting techniques to reduce soil disturbance and dust,and whole orchard recycling to improve soil health.Technology plays a critical role in sustainable agriculture while addressing chronic labor shortages,reports Walt Duflock,Senior Vice President,Innovation at

126、Western Growers,which helps keep US farms in business rather than closing or moving out of the country.In California,however,water use requirements imposed by the California Sustainable Groundwater Management Act(SGMA)threaten to unwind automation efforts,compelling farmers to pull out trees before

127、the end of their lives and plant lower-value rotational crops(i.e.,tomatoes)to ensure compliance.According to Duflock,SGMA has effectively forced some farmers to abandon recent efficiency and automation efforts,as farmers attempt to manage the risk and avoid regulatory penalties longer term.This dyn

128、amic underpins the importance of a cogent policy framework that takes into account the entire agricultural ecosystem,resource constraints,technological achievements,and economic considerations.Annual Canadian Smart Cities Summit In October 2023,Dentons Canada Smart Cities Think Tank team hosted its

129、4th Annual Canadian Smart Cities Virtual Summit featuring discussions of a range of important and timely issues including municipal sponsored digital access strategies,exploring innovative ways to ensure equitable access to digital resources for all residents.They explored smart density and housing

130、trends in the modern municipality,addressing the pressing issues of right-sizing new growth and housing affordability.They also discussed the intricate world of technology and intellectual property considerations in smart cities,navigating the legal and technological landscapes that underpin the cre

131、ation of intelligent urban environments.Additionally,they dissected the challenges and opportunities in digital data strategy,focusing on the evolving role of data in municipal governance and how it can be harnessed for better decision-making and improved services.Recordings of these discussions are

132、 found here:https:/ addition,Arcadis Group and Dentons have developed a Smart Cities Sustainability Principles and Goals Checklist,which provides goals and guiding principles for municipalities and stakeholders to keep in mind during the planning process.The checklist is available at:https:/ 19GHG e

133、missions reduction Reducing greenhouse gas(GHG)emissions from agricultural activity is also an important aspect of sustainable agriculture.Livestock cultivation is one of the largest sources of methane emissions in agriculture,with collaborations among scientists around the world to develop technolo

134、gies and techniques to manage emissions.This work is especially important in light of bans on livestock cultivation and dairy production under consideration in some locales,which might have the effect of increasing global emissions as products are imported through more carbon-intensive supply chains

135、.The panel also discussed the struggles associated with other decarbonization efforts in agriculture.Lack of infrastructure makes electrification difficult in rural areas.Biofuels from cover crops may be a feasible option,but costs and slim margins keep most options out of reach.Additionally,reliabi

136、lity concerns are front and center where grid reinforcement lags behind deployment of electric vehicles(EVs)and other new demand.A prolonged power outage during harvest can be detrimental to agriculture,where often there is an extremely narrow window just a few hours to produce and package certain h

137、ighly perishable crops.Policy makers must balance the need to reduce emissions with the need to feed the population.A recording of the full discussion is found here:https:/ 2023Emerging Issues in Transactive EnergyCo-hosted with the Keystone Policy CenterThis panel discussed transactive energy,a phe

138、nomenon that generally refers to an entire system that supplies clean energy to consumers in a more integrated,bidirectional manner than the traditional,one-direction flow of power.Guest panelists included:Brian Keane,President at SmartPower Inc.and Co-Founder&CEO at WeeGree Jeff Weiss,Co-Founder an

139、d Executive Chairman at Distributed Sun LLC Larisa Dobriansky,Chief Business&Regulatory Innovations Officer at General MicroGrids Morgan OBrien,Founder and Executive Chairman of the Board of AnterixBrian Keane,President at SmartPower Inc.and Co-Founder&CEO at WeeGree,explained that transactive energ

140、y is about becoming“energy smart.”It is a system that is fundamentally designed to democratize energy supply and create“prosumers,”whereby consumers act as both energy suppliers and buyers.Embedded within the concept of transactive energy are virtual power plants(VPPs),which comprise of a network of

141、 suppliersincluding homes,batteries,and carsproviding energy to each other.The emergence of transactive energy is driven by several goals.First,transactive energy attempts to“do more with less,”by utilizing existing infrastructure to generate electricity,somewhat alleviating the impending need for n

142、ew,long-distance transmission lines.Second,transactive energy is a means to achieve decarbonization and energy efficiency goals,while promoting grid modernization,local energy resilience and cost reductions.Transactive energy systems also constitute new approaches to modernizing the grid while manag

143、ing investment risk.Finally,transactive energy enables customers to become partners,actively engaged in decarbonization policy goals.Challenges to realizing transactive energy Realizing transactive energy systems requires upgrades to communications networks,infrastructure modernization,regulatory re

144、form,and a systemic modification of business and consumer practices.Transactive energy systems require vast communications networks capable of processing millions of data points collected from the grid to provide real-time situational awareness so power 20 Dis on call when it is needed and capable o

145、f moving electrons in multiple directions.The development of transactive energy systems incorporating technological advances requires that consumers be educated about the mechanics of the grid,their own energy use patterns and the economic value of various resources.Additionally,business practices a

146、nd associated costs need to be reformed.Jeff Weiss,Co-Founder and Executive Chairman,Distributed Sun LLC,gave an example.Traditionally,if a new business required electricity,it would call the local utility company and establish a connection;however a transactive energy system would allow it to integ

147、rate an entire EV fleet and essentially convert its facility into a fueling station.At present,however,acting as a fueling station would require studies quantifying the costs and impacts on future electricity demand,and would take a utility several years to make the investments needed to sustainably

148、 supply power.Regulatory reforms might also be required,especially regarding ratemaking and pricing structures.Larisa Dobriansky,Chief Business&Regulatory Innovations Officer,General MicroGrids,highlighted the need for a“comprehensive,cost-effective and efficient electricity pricing charging system

149、where pricing charging is differentiated with sufficient granularity,geographically,and is technology neutral.”Regulatory issues aside,there are several technological options to advance transactive energy,including the commercialization of advanced microgrid capabilities.Dobriansky emphasized that m

150、icrogrids can be vital in building transactive energy retail markets.Microgrids can be networked to increase sharing capabilities and output over a vast territory.A recording of the full discussion is found here:https:/ 2023The Path to Decarbonization:COP-28 and BeyondCo-hosted with the Keystone Pol

151、icy CenterPanelists discussed accomplishments of the United Nations Climate Change Conference(COP-28)and shared their general outlooks for decarbonization efforts around the world.Guest panelists included:Dr.Sue Tierney,Senior Advisor,The Analysis Group and Director at World Resources Institute Mela

152、nie Kenderdine,currently Secretary-designate at New Mexico Energy,Minerals,and Natural Resources Department Kasparas Spokas,Director of Insights and Integration Strategy at Clean Air Task Force Dr.Karl Hausker,Senior Fellow at World Resources Institute Climate ProgramAs in previous COP-28 conference

153、s,reaching a broad-based consensus on international climate policy is challenged by the fact that the over 190 participating countries have different economies,political systems,natural resource endowments,and demographics.Each country faces a unique set of challenges with respect to energy policy a

154、cross the value chain;it is nearly impossible to achieve unanimous consensus on climate change mitigation strategies and proposals to phase out fossil fuels.That said,there were several positive headwinds leading up to COP-28.Prior to the conference,118 countries had pledged to both triple renewable

155、 energy capacity and double the rate of energy efficiency improvements by 2030.More than twenty nations had signed a declaration aiming to triple nuclear capacity by 2050.Moreover,the United States and China had agreed to collaborate on major carbon capture and storage(CCS)projects.D 21Dr.Sue Tierne

156、y,Senior Advisor,The Analysis Group and Director,World Resources Institute,observed,that the US entered COP-28 in a formidable leadership position with several policy accomplishments.Congress had passed the Infrastructure Investment and Jobs Act(IIJA)-also known as the Bipartisan Infrastructure Law(

157、BIL)-in 2021,and the Inflation Reduction Act(IRA)and the CHIPS and Science Act(“CHIPS Act”)in 2022.All three of these initiatives were being actively implemented in 2023.At the outset of COP-28,the Environmental Protection Agency(EPA)announced a final proposed rule for reducing methane emissions fro

158、m the US oil and gas industry.1Focus on methane emissions to achieve early gainsDeveloping economies have adopted more nuanced and varied approaches towards methane reduction.China,the worlds leading greenhouse gas(GHG)emitter,recently agreed to include methane in its overall GHG targets.In develope

159、d economies,methane reduction efforts have targeted the oil and gas(O&G)sector and conventional energy systems.In the US,investments into methane-reduction technologies already led to a 13.4 percent contraction in O&G systems in 2018-21.But,as Melanie Kenderdine,currently Secretary-designate,New Mex

160、ico Energy,Minerals,and Natural Resources Department,explained,O&G constitutes a relatively small share of methane emissions.A much larger source of methane emissions in the US about 62 percent come from the agricultural and services(primarily landfills)sectors.Longer term,reducing methane emissions

161、 in the US and globally requires a comprehensive overhaul of agricultural and livestock cultivation.The World Bank has already established a blueprint for methane reduction,setting up fifteen national programs to cut methane emission from rice paddies and livestock operations.In the future,governmen

162、ts should continue to offer incentives to businesses to invest in new technologies to advance sustainable agriculture and apply new technologies,biodigesters and other approaches to realize methane reductions while preserving jobs and economies.1.News Release,EPA,Biden-Harris Administration Finalize

163、s Standards to Slash Methane Pollution,Combat Climate Change,Protect Health,and Bolster American Innovation(Dec.2,2023),https:/www.epa.gov/newsreleases/biden-harris-administration-finalizes-standards-slash-methane-pollution-combat-climateCOP-28 concluded with a largely political and humanistic agree

164、ment,as the convening parties agreed to accelerate climate mitigation efforts before the end of 2030 with the goal of limiting the global rise in temperature to 1.5C.Other notable COP-28 outcomes include:The Global Renewable and Energy Efficiency Pledge,which holds that signatories will strive to tr

165、iple installed renewable energy capacity to at least 11,000 GW by 2030 and double the global average annual rate of energy efficiency improvements annually through 2030.A total of 160 countries endorsed this Pledge.Sixty-six governments supported the Global Cooling Pledge,which seeks to reduce cooli

166、ng-related emissions by 68 percent from 2022 levels by 2050.Fifty-two signatories endorsed the Oil and Gas Decarbonization Charter,which seeks to achieve net-zero operations by 2050,cease routine flaring by 2030,and achieve“near-zero upstream methane emissions.”Twenty-two national governments endors

167、ed the Declaration to Triple Nuclear Energy capacity globally by 2050.Electrification is key to decarbonizationMeanwhile,widespread electrification of energy systems is widely considered to be the foremost pathway for decarbonization.Currently,electricity supplies 20 percent of end-use energy consum

168、ption,and studies suggest that electricity will need to provide 60 percent of end-use energy consumption by 2050 for the US to achieve its decarbonization goals.Achieving this goal requires(1)regulatory reform;(2)modernization and expansion of the US transmission network;(3)a cogent industrial polic

169、y;and(4)streamlined policy implementation across states and municipalities.Electrification also requires modernization and expansion of the national transmission network,including 360,000 transmission towers by 2030.Widespread electrification will also create massive demand for heavy and rare earth

170、minerals namely steel,aluminum,and copper and the US needs to create a strategy for reliably and sustainably sourcing these critical components.Creating an industrial strategy to source critical minerals is not only important for electrification,but also for reducing emissions from industries with p

171、rocesses that are fundamentally unable to decarbonize.22 DTo illustrate,90 percent of the fuel required for glass manufacturing is natural gas.There are currently no viable technologies available to fuel the high quality process heat required for the 500-1,000C conditions required to fabricate glass

172、,cement,or other comparable industrials.In these industries,which are valued at over a trillion dollars annually,electricity can provide only 40 percent of the heat these processes demand.While industry continues to explore alternatives,such as hydrogen,in the interim,CCUS can be deployed to mitigat

173、e GHG emissions from these high-heat and high-value industrial processes.Finally,policymakers must focus on successful policy implementation.As Kasparas Spokas,Director of Insights and Integration Strategy,Clean Air Task Force,observed,many of the overarching strategies and solutions have not change

174、d in recent years.The key challenge to decarbonization and accelerating the energy transition lies in implementation.Policymakers should give greater attention to planning and implementation,and focus less on setting targets and broad strategies.To that end,policymakers should formulate strategies f

175、or widespread infrastructure development on a systemic-scale,rather than adopt piecemeal solutions,taking into account social,economic,and political risks as well as market uncertainties.Enhanced coordination between utilities and governments across local,state,and federal levels is also critical.Ef

176、forts to de-risk investments should also be embraced.Successful policy implementation further demands an inclusive policy planning process that is suitable in the current social infrastructure.Dr.Tierney observed that“sticky social issues,”litigation,and regulatory action can impede project developm

177、ent.If litigation blocks every new project,it will be nearly impossible for the US and the world to achieve its decarbonization goals.A recording of the full discussion is found here:https:/ May 28,2024,the White House released a Joint Statement of Policy and new Principles for Responsible Participa

178、tion in Voluntary Carbon Markets(the Principles).The Principles outline the voluntary principles that US market participants should adhere to when engaging in the voluntary carbon market(VCM)and provide guidance on US government agencies engagement with VCMs.It also affirms the value of carbon credi

179、ts and the important role high-quality VCMs play in addressing climate change.The administration recognized the potential of VCMs to attract significant private investments to support energy transition and set out the foundational principles to ensure their proper development and growth to reach the

180、ir full potential.For an analysis of this policy development,see https:/ 2024Empowering Communities of Color:Exploring the Impacts of Energy Industry InnovationsA collaborative conversation with the Keystone Policy Center,AABE,and representatives of the Alliance to Save Energy and the United States

181、Energy Association.While the energy transition presents numerous financial,infrastructure,and policy challenges,these issues are exaggerated in lower-income,marginalized communities with less-developed infrastructure due to decades of under-investment.Closing the energy access gap and accelerating e

182、nergy investments in underserved,marginalized communities requires robust private-public partnerships,extensive stakeholder engagement,an intimate understanding of affordability considerations,and the targeted implementation of new technologies.Also,affordability issues remains one of the foremost c

183、hallenges to modernizing energy systems in underserved communities.But affordability is relative;defining affordable energy costs requires an assessment of both the cost of production and the share of energy expenses in household budgets,especially benchmarked against other essentials.D 23Panelists

184、for this discussion included:Paula Glover,President of the Alliance to Save Energy,former CEO of AABE Vicky Bailey,Executive Chairman at United States Energy Association Paula Gold-Williams,current Co-Chair of the Board at the Keystone Policy Center and former CEO of CPS EnergyPaula Glover,President

185、 of the Alliance to Save Energy,highlighted that there are several basic steps consumers can take to mitigate utility bills and improve energy efficiency,including weatherization improvements,adjustments to thermostats,and opting for smart household appliances,HVAC systems,and,potentially,electric v

186、ehicles(EVs),and,if available,smart meters.At the municipal and state level,delivering affordability is challenged by the fact that utilities are simultaneously modernizing the energy system while trying to“leapfrog”communities that have historically received lower levels of investment.Utilities can

187、not introduce battery storage,solar projects,and other innovative technologies without confronting high up-front costs(i.e.,capital expenditures).Vicky Bailey,Executive Chairman,United States Energy Association,emphasized that these investment challenges are often exacerbated by a lack of access to

188、financing,regulatory concerns,limited infrastructure,and sometimes issues accessing the technology itself.From the perspective of the utility company,providing reliable energy at a rate that is both affordable to customers and is sufficient to generate a reasonable rate of return remains a constant

189、concern.Overcoming affordability issues requires a multi-pronged approach.First,community engagement whether directly between the utility and customers or through public-private partnerships is critical to project implementation.While utilities are naturally focused on the balance sheet,project succ

190、ess requires addressing misconceptions and building trust among skeptical community members.It is important that members of the community,especially members of underserved communities,do not feel that they receive a disproportionately small share of the project benefits.This skepticism requires util

191、ities and local governments to go the extra mile to explain new programs and pursue community-based educational and vocational partnerships.Partnerships are critical to technological implementation,but also provide avenues for inclusive community feedback to facilitate decision-making,reduce regulat

192、ory lag and aid utilities in navigating ethical dilemmas in implementing projects.Historical under-investment in underserved communities has created a situation that demands specialized policy support,technical solutions,and financing to accelerate the energy transition in these communities.Policyma

193、kers should consider a deployment strategy that equity“leapfrogs”technologies in underserved communities to close the gap in legacy infrastructure,allowing all communities to participate in the energy transition at generally the same time.Paula Gold-Williams,current Co-Chair of the Board,Keystone Po

194、licy Center and former CEO of CPS Energy,highlighted the need for nuanced investigation into how certain technologies can best be adapted to fit the needs of a specific community and customer base encompassing reliability,climate considerations,efficiency and conservation,and so forth.Panelists also

195、 discussed specific projects that are overcoming these challenges,and how the incorporation of AI might help to address affordability as well as operational efficiency.One key to success is an integrated approach that prioritizes both energy access and other goals such as reduction in GHG emissions

196、or reliability improvements.A recording of the full discussion is found here:https:/ DFebruary 2024Getting to Know AIs Revolutionary Potential and Vulnerabilities Part IICo-hosted with the Keystone Policy CenterIn part two of Dentons Smart Cities Think Tank Virtual Roundtable on“Getting to Know AIs

197、Revolutionary Potential and Vulnerabilities,”panelists reflecting a range of industries examined the opportunities,challenges and risks associated with AI tools.The panel for this discussion included:Llewellyn King,Executive Producer and Host of“White House Chronicle”and frequent contributor to Insi

198、deSources,Forbes and SiriusXM Radio Energy Central David Derigiotis,Chief Insurance Officer at Embroker Allison Jetton,Partner,Dentons Venture Technology Group Omar Hatamleh,PhD,Chief Advisor,Artificial Intelligence&Innovation at NASAThe discussion opened with the need to validate the authenticity o

199、f interactions,data,and tools to safeguard consumer data and corporate systems.Llewellyn King,Executive Producer and Host of“White House Chronicle”and frequent contributor to InsideSources,Forbes and SiriusXM Radio Energy Central reflected on the power of AI to transform the way most humans live.Bec

200、ause AI tools generate information that blurs the line between truth and fiction,and challenge the human capacity to be disingenuous,we need to carefully consider the ramifications when this information becomes a data source from which AI tools draw.Key questions we should be asking include how can

201、we certify the veracity of data and is our understanding of truth being adulterated?David Derigiotis,Chief Insurance Officer,Embroker,gave an example of how technology has advanced.He played a purported“recording”of Kings remarks that was an eerily authentic version of Kings voice,marketing a new Bi

202、tcoin product and soliciting money offers.While Derigiotis“deepfake”of King did not accurately capture Kings remarks,this exercise shows how easy it is for anyone to clone an audio sample,manipulate voice data,and generate a product that is so lifelike that it could very well be mistaken as authenti

203、c.Robust and layered defense systems are needed,especially in the business context.In addition to educating employees,cybersecurity infrastructure that targets spoof emails and“business email compromise”attacks needs to be upgraded to field risks from highly-believable AI-generated interactions.Usin

204、g multiple authentication methods,and involving multiple individuals throughout an organization,to verify the authenticity and legitimacy of a transaction is key.Allison Jetton,Venture Technology Group Partner at Dentons,further underpinned the need of secondary defense measures to combat various AI

205、 threats,including social engineering and voice codes.AI tools can create additional risks.For example,AI tools can“hallucinate,”and effectively make up data or information.Relatedly,the regulatory treatment of personal data remains an ongoing concern.While privacy laws have traditionally lagged beh

206、ind emerging technologies,longer term,lawmakers will need to update guidance to protect consumer data.Omar Hatamleh,PhD,Chief Advisor,Artificial Intelligence&Innovation,NASA,noted that AI tools have the power to transform nearly every aspect of daily life.In healthcare,for example,predictive AI tool

207、s are being developed that can leverage an individuals genetic history,blood type,and risk factors,and predict a disease well before it materializes.Successfully deploying these tools means that individuals will likely live longer lives,creating an entirely separate set of social,economic,and ethica

208、l questions.A more immediate question is the nature of care and the role of doctors given the powers of AI in this space.Over the near term,doctors and specialists will likely leverage these tools to help them do their jobs better and faster.Across sectors,it is likely that more resources will be de

209、voted towards governing AI tools that replace human jobs in completing manual and repetitive tasks than AI tools totally displacing human work.At the same time,data indicates that most consumers are uncomfortable with how data is collected and used.Another problem is ethical,centering on bias in dat

210、a as AI tools learn from D 25whatever information is fed to them,reflecting common stereotypes and biases.A recording of the full discussion is found here:https:/ Akhdar,Senior Vice President of Product and Innovation of Anterix,discussed how AI can fortify secure communication networks that are fou

211、ndational to the reliable,safe,and secure delivery of electric energy to consumers.Arguably,the modernization of energy systems and virtual power plants cannot occur without first modernizing communication networks.This is where AI can be leveraged as a force for good.A recording of the full discuss

212、ion is found here:https:/ the legal and regulatory landscape governing the testing and deployment of autonomous vehicles(AVs)across the globe continues to evolve,stakeholders face a complicated array of laws,policies and regulatory schemes that can vary greatly across the world,and sometimes even wi

213、thin a single county.Regulators in 2023 focused heavily on safety,while critical questions remain around issues of liability.Data privacy,cybersecurity and the responsible deployment of artificial intelligence also emerged as significant concerns amongst regulators and lawmakers,reflecting the data-

214、intensive nature of AV operations.These debates underscore the ongoing complexity between innovation and accountability in this space.The narrative around AV law and regulation in 2023 was also interwoven with broader public policy ambitions,from alleviating urban congestion and cutting emissions to

215、 enhancing mobility for those who need it most.Regulations are starting to mirror these larger societal goals,nudging AVs to integrate more seamlessly with public transportation systems and urban planning efforts.This is all occurring in an environment of cooperative regulatory efforts and public-pr

216、ivate initiatives to underscore the collective journey toward a future where innovation,safety and the public good converge on the roads all across the world.Dentons annual Global Guide to Autonomous Vehicles,just released in June,takes a deep dive into this tapestry by summarizing the key AV relate

217、d regulatory and legal developments from several countries around the world.The guide is found at https:/ 2024The Power of Broadband Infrastructure to Enable Smart CitiesCo-hosted with Wireless Broadband Alliances Connected Communities ForumPanelists representing municipal governments and private-se

218、ctor partners shared their experiences developing connectivity networks and best practices associated with bridging the digital divide in underserved or unserved communities.Among other things,panelists highlighted(1)the need to treat digital connectivity as a utility service,given the central role

219、of internet in education,healthcare,municipal services and energy operations;and(2)the importance of broad-based stakeholder collaboration in the form of public-private partnerships and inter-departmental coordination at the municipal level,to realize connectivity infrastructure at cost and scale.Th

220、e panel included:Rob Schwartz,President and CEO at Anterix Michael Sherwood,CIO of the City of Las Vegas David Wilkins,Head of Smart City at Westminster City Council in London Erin Spears,Chief Of Staff&Counsel for the City Council Utilities Regulatory Office in New Orleans Al Jenkins,Board Advisor

221、at the Wireless Broadband Alliance-Connected Communities ForumValue of private LTE networksRob Schwartz,President and CEO,Anterix,discussed modern communications system as the backbone of the electric grid of the future and the benefits that private LTE networks can offer to a more connected and sec

222、ure future.Private LTE networks offer three major advantages:scale,security and speed.On scale and speed,private LTE networks allow distributed energy resources(DERs),electric vehicles(EVs),sensors,smart meters,voltage regulators,and batteries in a given service area to communicate with each other a

223、nd with the utility in real time,helping manage load and enhance operational efficiency.Additional benefits include support for resilience during extreme weather events or wildfires and critical cybersecurity safeguards.High value assets are located on a separate airgap disconnected to the threat ve

224、ctors that could be targeted by malfeasants.Michael Sherwood,CIO of the City of Las Vegas,discussed benefits that private broadband networks can offer municipalities for social services,such as ensuring access to education and healthcare.In 2020-21,as COVID-induced lockdowns strained Las Vegass conn

225、ectivity infrastructure,the City 26 Dof Las Vegas realized the need for reliable internet so students could reliably log onto online learning platforms.Michael noted how the municipality and public school system worked together to launch an education-first,private network.The network was not open-ac

226、cess,but fit-for-purpose.David Wilkins,Head of Smart City,Westminster City Council in London described efforts to strengthen digital infrastructure and improve public services.They have prioritized mapping and data collection in order to understand regional gaps in mobile phone service and capacity

227、constraints.They also have used mapping and sensors in connection with sanitation services to measure download and upload signals around the city,and have leveraged existing assets such as lamp posts to attach small cells to improve capacity bottlenecks,all in efforts to improve digital inclusion.As

228、 Erin Spears,Chief Of Staff&Counsel for the City Council Utilities Regulatory Office in New Orleans talked about challenges at the municipal level where there often is a lack of regulatory or enforcement power to change fee structures or erect infrastructure or otherwise compel providers to ensure e

229、quitable access.Often internet access is not considered an essential utility the way electric power or telephone connections are.Al Jenkins,Board Advisor,Wireless Broadband Alliance-Connected Communities Forum,has worked extensively on mapping broadband connectivity across the US and formulating gra

230、nt proposals to direct investment to communities in need.He described steps taken by New York City to close the digital divide by analyzing access in non-affluent zip codes and then creating broadband opportunity zones with attractive investment conditions.Among other things,the city reduced franchi

231、se fees and tariff fees and granted broadband developers more accessibility to street light poles and wood utility poles.Data obtained from mapping and data collection can be used to entice public-private partnerships or to secure state and federal grants which often require the identification of un

232、derserved populations.A recording of the full discussion is found here:https:/ 2024How Cyber Innovation is Disrupting the Energy Sector and Critical InfrastructurePanelists shared their perspectives on the areas in need of greatest protection from cybersecurity threats.Shanna Ramirez,Chief Legal&Eth

233、ics Officer,General Counsel&Board Secretary at CPS Energy said that while CPS Energy is focused on all of its infrastructure,the protection of substations is an acute problem.Karen Wayland,CEO,GridWise Alliance,identified three of the biggest challenges for the transmission grid:(1)the additional de

234、mand from distributed energy resources;(2)interconnection backlogs;and(3)hackers(and criminals).Allison Jetton,a Partner in Dentons Venture Technology group,recognized the important role that government plays in mitigating cybersecurity challenges in the private sector.Todd Daubert,a Partner in Dent

235、ons Federal Regulatory/Compliance practice,stressed the importance of not just planning for a cybersecurity threat but assuming that one will arise.Panelists included:Shanna Ramirez,Chief Legal&Ethics Officer,General Counsel&Board Secretary at CPS Energy Karen Wayland,CEO at GridWise Alliance Alliso

236、n Jetton,Partner,Dentons Venture Technology Group Todd D.Daubert,Federal Regulatory/Compliance partner at DentonsA number of themes emerged during the discussion.First was the importance of the“human”D 27factor,both in terms of bad actors and employees unwittingly allowing a threat to enter a system

237、.Allison Jetton commented that the human link is always the weakest,but it can be mitigated by phishing training and a better understanding of the consequences of actions.Todd Daubert mentioned that many breaches accompany emotional reactions to domestic situations having nothing to do with the work

238、place.He added that dual measures such as two-step or two-party verification can go a long way to mitigating this problem.The second theme was the interconnected nature of all infrastructure and its dependence on the power sector.Karen Wayland offered that responsibility for advancing resilience is

239、not just in the provenance of the utility;it should extend to communities as well to have plans in place to ensure that vital services such as healthcare and communications can continue in the event of a cyber attack.More time to think about building community resilience and thinking about the probl

240、em more holistically is needed.Third,government and other regulatory bodies play a key role in partnering with utilities and other critical infrastructure against outside threats.Shanna Ramirez discussed a recent directive from the Transportation Security Administration(TSA)to all entities responsib

241、le for gas supply and transport in the wake of the Colonial Pipeline incident.She applauded the new standards as a“true win”for compliance efforts and an example where an extremely practical government regulation is working to create another layer of defense from human behavior.Karen Wayland pointed

242、 out that in light of recent geopolitical events,many bad actors are now state entities,which brings a strong national security component into this area,and the federal government has a duty to help protect against such attacks as well.Allison Jetton agreed that standards are important in moving the

243、 mark and pointed to the National Cyber-informed Engineering Strategy as an example of a security-informed standard reinforce protections as well as the National Association of Regulatory Utility Commissioners new cybersecurity baseline standards for distributed energy resources.Shanna Ramirez comme

244、nted on the unique operational exposure of electric utilities;the disruption of operations is not related to financial gain or access to data but the devastating impact of a lapse in power.Therefore,it is important to separate and prioritize operational technology systems from informational technolo

245、gy systems,which are less likely to be threatened.She added that it is not good to have the best tools alone,there needs to be an investment in people as well,to analyze the data and implement appropriate solutions.Karen Wayland discussed the critical role and potential vulnerability of substations

246、and the need to find ways for the federal government to help protect them from a national security standpoint.With respect to Artificial Intelligence,Allison Jetton commented that it is helpful to look at where the DOE is directing its funding for specific projects in cybersecurity through the Offic

247、e of Cybersecurity Energy Security and Emergency Response.She recommended having controls in place that provide visibility when something is not right in workplace operations.Shana Ramirez recommended that utilities and other energy providers at a minimum,should review data governance policy and kee

248、p an up-to-date asset inventory,as well as train employyes on what to do with company data,and keep attorneys in the loop.Shanna Ramirez warned of the looming scale of cyberattacks with the weaponization of artificial intelligence.With the explosion of data centers and sharp in crease in load demand

249、 at a time of retirement for many generation resources for efficiency and environmental resources-planning utilites are facing a threat of operational disruptions at a scale never seen before.A recording of the full discussion is found here:https:/ DThis past spring,the US Cybersecurity and Infrastr

250、ucture Security Agency(“CISA”)issued a proposed rule to require companies operating in US critical infrastructure sectors to promptly report certain cyber incidents and ransomware attacks.Prior to the final rule,the agency encourages covered entities to voluntarily report incidents of the nature cov

251、ered by the proposed rule with an aim to mitigating harm and preventing other organizations from becoming victims of similar incidents.A description of the requirements and its implications is discussed here:https:/ 2024Navigating Climate Reporting and Building Sustainability:Risks and Opportunities

252、Recent rules from the SEC,California,and the European Union(EU)emphasize mandatory climate reporting.While the SEC rules are being contested in US courts and are currently stayed or paused,the EU is moving ahead with its Corporate Sustainability Reporting Directive(CSRD)rules.Companies must be trans

253、parent about managing climate-related issues and risks in corporate reporting.This discussion explored strategies for navigating competing interests,compliance practices,and seizing opportunities related to climate change and energy transition.The discussion was moderated by Gail Lione,senior counse

254、l at Dentons and founding co-chair of the Firms US ESG Advisory Team and a member of the Global ESG Steering Group.Panel guests included:Ken Bockhorst,Chairman and CEO of Badger Meter,Inc.,and Board Member of Mirion Technologies,both listed on the NYSE Carolyn Campbell,COO and Managing Partner of Em

255、erging Capital Partners,and Board Member of Burger King South Africa and Eranove SA Suzanne Folsom,Board Member of Ecore International and Encyclopedia Britannica,and former General Counsel of US Steel and Philipp Morris and counsel at the World Bank Sam Olens,Partner in Dentons Public Policy practi

256、ce and a member of the firms State Attorneys General group,and former Attorney General for the state of Georgia Walter Van Dorn,former SEC Special CounselThe discussion opened with an overview of SEC climate disclosure rules that were adopted this year after an extended two-year rulemaking process.T

257、he rules have not yet gone into effect because they have been stayed or paused following a number of legal challenges in US courts.The EU,however,is moving ahead with a corporate sustainability directive and California has also enacted climate disclosure rules.Most companies are not taking climate d

258、isclosure lightly,even with US rules paused.Nearly 95 percent of S&P 500 and Fortune 500 companies publish ESG reports that are curated for markets and stakeholders,and board and company management are grappling with increased pressure and scrutiny.The SEC rules for the first time adopt clear“line i

259、tem”disclosure requirements regarding the impact of climate change on public companies businesses.These include identifying specific risk factors,material impacts of climate change on business,and description of activities to mitigate and adapt to those impacts.How costs related to climate change ar

260、e handled must be incorporated into the financial statements,not just narratives.These must reflect both Scope I and Scope II emissions.The SEC rules do not require disclosures regarding Scope III emissions,however EU and California rules do cover indirect emissions.Sam Olens discussed the role that

261、 State AGs are playing in environmental litigation and how some companies have reacted.The panelists agreed that savvy companies will try to develop cordial and productive relationships with the AGs in the states where they operate,and stressed that this must be done before there is a problem.Too of

262、ten,communications are unnecessarily litigious in nature.D 29The panelists described various processes within the organizations they lead.While approaches will vary depending on the circumstances of each company,a pragmatic approach with identification of specific short term goals and follow-up is p

263、referable to setting long-range goals that are easily forgotten as short term initiatives and emergencies take precedence.The best-positioned companies are those that have been working on training and internal processes to get ahead of new rules,and that set reasonable goals.As a practical matter,it

264、 is not something that can happen overnight.Among other things,companies should consider what role the legal department will play.The rules potentially will have a significant impact on potential liability of the board.Each company will develop a structure that works for its particular circumstances

265、(company,size,industry,location,other competing priorities).Regardless of the structure selected,it is important that board agendas and minutes reflect robust conversations.The panel also talked about how climate disclosures impact efforts to hire and retain talent,how to ensure that employees under

266、stand the need to balance climate goals with the business needs of the company,and strategies for benchmarking progress and setting priorities so as to better allocate resources and integrate climate strategies into day to day operations.The challenge of managing supply chains was discussed.Even tho

267、ugh the SEC rules do not reach Scope III emissions,EU rules do.Private companies often must be educated as to the requirements of the various regimes if they want to continue to supply the large public companies.Larger companies may be able to help the small supplier to gather information needed to

268、comply.While some may resist initially,in the long run,it may represent an opportunity for smaller companies going forward.Among the other points emphasized by the panelists,companies should be honest in reporting and avoid greenwashing.Reporting is not necessarily negative.Successes can also be tou

269、ted as long as they are true.Company leaders should be conscious of multiple ways in which information is reported out to investors written and oral.Reports should be reviewed for accuracy and consistency,and companies should decide when to speak and on what issues,and who is authorized to speak on

270、behalf of the company.A link to the webinar is found here:https:/ 2023,the Think Tank hosted a discussion of the importance of defining corporate purpose and culture and instilling that purpose and culture at all levels in an organization.See discussion entitled To Speak or Not to Speak:How Companie

271、s Can Navigate Challenging Social and Political Issues,available at https:/ an example of the potential risks of failure to establish and communicate a clear corporate purpose and culture within a company,see Max Carr Howards article:https:/ July 2024Supreme Court Overturns Chevron Doctrine:Implicat

272、ions for Energy and Climate Policy and BeyondIn perhaps the most consequential legal decision affecting federal regulatory law in some time,the Supreme Court,in a 6-3 decision,has overruled the long-standing“Chevron doctrine,”giving federal agencies less discretion under the Administration Procedure

273、 Act(APA)to interpret statutory law.Our panelists discussed how this decision reshapes the administrative law landscape,including what it means for energy and climate policy,the impact of the decision on the role of states,and limitations of the decision.30 DGuest panelists included:Ben Grumbles,Exe

274、cutive Director at The Environmental Council of the States(ECOS)Robert W.Gee,President at Gee Strategies Group LLC Sam Olens,Partner,Public Policy practice at Dentons and Former Attorney General of Georgia Simon Steel,Partner,Federal Regulatory practice at DentonsThe discussion opened with some back

275、ground on Chevron and Loper by Simon Steel.The Loper decision,by a vote of 6-3,overrules the unanimous 1984 decision that cemented the Chevron doctrine.Under Chevron,a court first had to determine whether a statute was ambiguous,and if so,it then deferred to a reasonable agency interpretation of the

276、 ambiguity.Loper,however,says it is up to the court,and not the agency,to interpret the ambiguity.Loper only applies to questions of law.Loper does not affect cases involving agency discretion under the arbitrary and capricious standard,matters of fact under the substantial evidence standard,or matt

277、ers of procedure.Importantly,there are limitations to Loper.Congress retains the ability to write broad statutes giving discretion to agencies,but it must be clear about its intent.Agencies are still subject to the arbitrary and capricious standard,and agency interpretation is not irrelevant.In the

278、absence of Chevron,the standard announced in the 1940s era Skidmore decision applies,i.e.,courts should consider the agencys interpretation.Further,stare decisis is still relevant.Notably,the opinion leaves untouched another older doctrine that accords deference to an agencys interpretation of its o

279、wn regulations.The future of this doctrine remains to be seen.Loper and related judicial developmentsWith respect to Chevron,Corner Post and Jarkesy,Simon Steel cautioned that the impacts of these decisions will depend heavily on the agency in question.Clint Vince,who moderated the discussion,pointe

280、d out that there will likely be a gap between what Congress should do in telling the regulatory agencies what to do,and what they will be able to do and potentially there will be a lot of turbulence in this gap.Ben Grumbles described the decisions as efforts“to recalibrate and reduce the administrat

281、ive state.”In addition to these decisions,the Supreme Courts increased used of its“shadow docket”authority to stay federal rules pending review in lower courts adds to the reining in of federal regulatory authority by the Court.Bob Gee remarked that the Loper decision has created a lot of uncertaint

282、y that could prompt litigation,including test cases to identify the limits of the decision.A lot of research is being done on the potential impact on prior decisions,while close scrutiny will be drawn to pending and future agency actions and regulations to ensure adherence to the intent expressed in

283、 textual statutory language and legislative history.Meanwhile,there will be a more immediate impact on the financial community.Uncertainty creates regulatory risk,which increases the cost of capital for regulated companies and creates a climate of uncertainty among investors who invest in assets tha

284、t are not regulated but which benefit from strong and clear regulation.It also will draw scrutiny of rating agencies and analysts(equity and debt).Impact on energy industry and climate lawBob Gee also spoke on the potential impact of Loper on Department of Energy(DOE)activities,noting that there may

285、 be implications for DOEs role in establishing energy efficiency standards and in issuing liquefied natural gas(LNG)export licenses.The body of law governing DOEs authority to establish energy efficiency standards for consumer appliances and commercial and industrial equipment is well-settled;howeve

286、r,the standards typically draw a degree of controversy and congressional scrutiny.DOE will need to ensure that decisions are grounded on reasonable interpretation of the law and supported by a solid factual record.In the area of LNG licensing,while DOEs role is limited,its public interest findings w

287、ill have to be carefully crafted to withstand challenge.Sam Olens commented that while the Biden administrations regulations will come under fire,“the sky is not falling.”It is important to remember that the Loper decision can and will limit regulatory authority under Democratic as well as Republica

288、n administrations.Olens and Gee discussed how,at the federal level,agencies have seen the writing on the wall for several years now,and have already been trying to craft regulations and adjudicative decisions that will survive scrutiny in absence of Chevron.The process will be messy for a while,espe

289、cially where Congressional intent likely included Chevron,D 31even if not expressly stated.As for states filling the gaps,state commissions are probably not going to act on their own,but will wait for state legislatures to take action first.Also,a lot of states have sunset laws so they have to revis

290、it regulations every several years.Regular revisions build modernization into the regulatory structure and mitigate the risk that newly enacted state legislation will be overturned.There are very few instances of sunset provisions in federal law.Ben Grumbles pointed out that despite all of the rheto

291、ric in response to Loper,the two part Chevron test is difficult to parse,and the courts opinion glossed over the reasonableness portion of part two of the test.Also,despite statements that the doctrine of stare decisis still holds,it clearly is not understood or applied in the same manner,and the hi

292、gh court is already directing lower courts to revisit pending cases in light of Loper.As for the effect on environmental law,90 percent is implemented by the states.Loper does not apply to state action,and many states have rejected or distanced themselves from deference to interpretations of ambigui

293、ty.At the federal level,Congress is going to have to weigh in.Requiring Congress to“do its job”is entirely reasonable.The question is whether politically it will be able to do so.Also,Congress presumably has enacted laws with Chevron in mind,and has intentionally left it to agencies to fill in techn

294、ical areas with their specialized expertise,especially in areas like environmental law.What this dynamic will mean going forward is uncertain.Meanwhile,states will continue to craft their own approaches,informed by federal decisions,and in some instances,are able to do things entirely unavailable at

295、 the federal level(e.g.,the Regional Greenhouse Gas Initiative(RGGI)in the northeast).At the federal level,we may see a slow-down in the pace of regulation for a while.As a general rule,states support the idea of federal science-based technical regulations,national standards and neighborhood solutio

296、ns that are ultimately implemented by states,but for the time being,national standards are going to be scrutinized.A recording of this discussion is found at:https:/ refer to the special report below for discussion of potential implications of Loper Bright on a variety of administrative agency actio

297、ns.August 2024Hydrogen Markets and the Clean Energy TransitionCo-hosted with the Keystone Policy CenterThanks to modern advances in technology,the growing demand for energy worldwide,and a new level of awareness about how our actions impact the planet,the benefit of hydrogen as an energy transition

298、fuel is generating a lot of excitement in the energy industry and beyond.This panel discussed hydrogens emergence as a key player in the transition to net-zero emissions,with applications in decarbonizing industries,mobility,and power generation.Guest panelists included:Alex Kizer,Senior Vice Presid

299、ent and Chief Operating Officer at Energy Futures Initiative Foundation Noah Feingold,Director,Energy Transition Consulting Team at S&P Global Leia Guccione,Managing Director,US Program at Rocky Mountain Institute Emma Hand,Partner,Energy practice at DentonsThe role of hydrogen markets in the clean

300、energy transitionThe role of hydrogen as an energy transition fuel is generating a great deal of excitement in the energy industry and beyond.Its applications in decarbonizing industry,power generation and mobility seem endless,but the challenge is unleashing the full potential of hydrogen at market

301、 scale.This roundtable,which was moderated by Clint Vince Partner,Energy practice,Dentons,and co-sponsored by the Keystone Policy Center,examines how demand markets are being developed to ensure that the clean hydrogen market can be a reality.32 DThe H2DI initiative Alex Kizer,Senior Vice President

302、and Chief Operating Officer,Energy Futures Initiative Foundation described the Hydrogen Demand Initiative(H2DI),which is an effort to create hydrogen markets across the Regional Clean Hydrogen Hubs Program.The 2021 Bipartisan Infrastructure Law provided US$1 billion for demand support for the Clean

303、Hydrogen Hubs.Under this authority,the US Department of Energy(DOE)selected the H2DI team,which is comprised of the Energy Futures Initiative Foundation,Dentons LLP,the Rocky Mountain Institute(RMI)and S&P Global,to develop demand markets for the clean hydrogen produced in the regional hubs.H2DI was

304、 created in early 2024 and since that time,the team has created a 501(c)(3)structure to run the auction for a demand market for the regional hubs.Emma Hand,partner,Energy practice,Dentons described some of the next steps in the process,including:completion of the design phase(projected for the fall

305、of 2024);terms and conditions of the auction(by late 2024);legal documents;corporate structure;model contracts,market rules,checks and balances and eligibility criteria.Why hydrogen?In response to the question of Why Hydrogen?,Leia Guccione,Managing Director,RMI discussed the unparalleled potential

306、of hydrogen for decarbonization,particularly with respect to the industrial sector.She pointed to certain commodities,such as ammonia,which is a critical component of fertilizer.Ammonia currently is sourced from grey hydrogen or hydrogen sourced with natural gas.Harnessing the power of clean hydroge

307、n to make ammonia would be an elegant solution for this market.Guccione cautioned,however,that because clean hydrogen is in its infancy stage,it is necessary to harness technology support,policy initiatives and business model innovations to advance its development.She added that she has observed a h

308、ealthy diversity of parties,a“mix of incumbents and insurgents”which is exactly whats needed to grow a nascent industry,both domestically and globally.Innovative structureEmma Hand discussed the unique structure of the DOEs role in the H2DI partnership.DOE is drawing for the first time on“other tran

309、sactions”(OT)authority,”which is less rigid than traditional government contracts authority.The panelists agreed that the OT structure works well with the auction-driven process of creating hydrogen demand markets and allows deployment to be done on a much faster track than the traditional governmen

310、t contract model.Moderator Clint Vince pointed out that the OT/auction-driven model could apply to other industries,and Emma Hand agreed that if the model works,it could create a new model for any kind of technology market the government wants to accelerate.Recipe for a robust hydrogen marketNoah Fe

311、ingold,Director-Energy Transition Consulting Team,S&P Global remarked that the key to a robust hydrogen market is flexibility and responsiveness in terms of having different types of suppliers and purchasers that can take varying levels of hydrogen at different times.He pointed out that the various

312、end-users of hydrogen have different perspectives and needs.For instance,a regulated utility is most concerned about proving whether a type of energy is in the interest of its customer base.A multinational corporation with a large fleet like Amazon may have other concerns.Feingold added that stackab

313、ility of financial incentives also can help ensure a strong market.Finally,creating a more transparent hydrogen market by shifting away from traditional bilateral contracts will help transform and advance the hydrogen market.A recording of this discussion is found at:https:/ D 33Special ReportSPECIA

314、L REPORTIn a trio of Supreme Court rulings this last term,the Court has signaled its intention to crack down on the amount of authority and discretion that federal agencies have enjoyed over the last several decades,and to assert the power of the federal judiciary in a manner that will have signific

315、ant ramifications for regulation by just about every federal agency.In Loper Bright Enterprises v.Raimondo(Loper),the Court ruled that in cases governed by the Administrative Procedures Act(APA)courts must exercise their independent judgment in deciding whether an agency has acted within its statuto

316、ry authority,expressly overruling the longstanding Chevron doctrine that required courts to defer to an agencys permissible interpretation of a statute if the statutes language is ambiguous.In Securities and Exchange Commission v.Jarkesy(Jarkesy),the Court significantly limited the ability of agenci

317、es to try certain types of cases in-house by holding that when the SEC seeks civil penalties against a defendant for securities fraud,the Seventh Amendment entitles the defendant to a jury trial.And in Corner Post v.Federal Reserve(Corner Post),the Court held that in APA cases,petitioners have six y

318、ears from when they are injured by an agency action not just six years from the agency ruling itself to petition for judicial review.Many years of congressional gridlock have left the courts to fill policy-voids by default.Some interpret the decisions,especially Loper,as a significant blow to federa

319、l agency authority,and likely portend a substantial increase in administrative law litigation,as well as judicial involvement in federal policy and regulatory decision-making.Others advise more caution,noting(likely correctly)that while agency rules and court decisions that have specifically relied

320、on the Chevron doctrine are vulnerable,the predictions about the long-term effects of this case might be overstated given that Chevron applied only to an agencys interpretation of a statue enabling an The Supreme Court,Policy and Regulatory Uncertainty:The Effect of the Loper Bright Decision on a Sm

321、art and Connected Future in the USaction where the statutory language is ambiguous.We asked a panel of legal practitioners of various expertise to share with the Think Tank their initial reactions on what these decisions mean in terms of their own practice areas,and the future of smart and connected

322、 communities.Litigation,Uncertainty,and Judicial Policy-MakersClint Vince Chair of Dentons US Energy practice and co-chair of the Dentons Global Transportation and Infrastructure sector for the US RegionThe dismantling of the forty-year-old“Chevron Doctrine”and other recent decisions are sweeping in

323、 application to federal administrative agencies and will impact everything from the clean energy transition,the implementation of environmental policies,health care,education,student loans,and beyond.The Court has signaled its intention to dramatically restrict the amount of authority that federal a

324、gencies have been accorded over the past four decades in implementing federal statutes and to transfer a hefty chunk of that authority to the judiciary.Reasonable people may differ as to the extent of change and disruption that will occur going forward;however,there almost certainly will be what Jus

325、tice Jackson described as a veritable“tsunami”of litigation as affected stakeholders representing differing ideologies turn to the courts to lobby for their views,causing riptides of uncertainty throughout federal agencies and forcing busy federal judges to substitute their judgement over experience

326、d agency regulators on issues that at times require extensive expertise on highly technical and scientific subjects.The one thing that is certain is that we are in for a turbulent sea change in terms of federal administrative agency regulation D 35and it remains to be seen how State Governments will

327、 react.For further analysis of the potential impact on the energy sector,please visit:https:/ Litigation of Environmental Regulation ExpectedBob Schuda Partner at Dentons and co-chair of the Environment and Sustainability Pillar of the Dentons Global Smart Cities&Connected Communities Initiative and

328、 Think TankThe recent US Supreme Court decisions in Jarkesy,Loper,and Corner Post impact the authority of federal environmental agencies to issue regulations,conduct administrative environmental reviews,enforce environmental law,and issue administrative and civil penalties.While no agency action or

329、policy was automatically repealed other than those at issue in the specific cases,many environmental rules and regulations are now susceptible to additional challenge.For example,US Environmental Protection Agency(EPA)efforts to reduce greenhouse gas emissions from cars and trucks may be challenged

330、because they target“mobile sources”rather than“stationary sources,”and the Clean Air Act is arguably ambiguous regarding“mobile sources.”EPA regulations on per-and polyfluoroalkyl substances known as PFAS may also be subject to challenge,based,for example,on ambiguity whether they pose a“substantial

331、 danger”to human health or the environment,subjecting them to regulation under the Comprehensive Environmental Response,Compensation,and Liability Act(CERCLA).While impact on the EPA is most obvious,many other federal agencies administer or enforce some form of environmental law,including the Nation

332、al Oceanographic and Atmospheric Administration,the US Fish and Wildlife Service,the US Department of Agriculture,and the United States Coast Guard,among others.SPECIAL REPORTTelecome Sector may be Less VulnerableTodd Daubert Partner and chair of Dentons Communications and Technology sectors,and lea

333、der of the US Privacy and Cybersecurity teamIn contrast to many other industries,telecommunications regulations tend to be less about government versus industry and more about industry versus industry,so the overruling of Chevron may impact the telecommunications and technology industry differently.The relevant statutes use broad language and principles that the relevant agencies have been forced