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Treasury and IRS Issue Guidance on Calculating Lifecycle GHG Emissions for IRA’s Sustainable Aviation Fuel Tax Credit

The IRA created substantial tax credits for SAF. Under Section 40B, SAF producers who meet certain requirements can claim a credit of at least $1.25 per gallon of SAF. Among other things, eligible SAF must achieve lifecycle...more

IRS Issues Guidance and Requests Comment on Provisional Emission Rate Process for Hydrogen Tax Credit

On April 10, 2024, Department of Treasury and the Internal Revenue Service (collectively, “IRS”) issued further guidance on the “Provisional Emission Rate” or “PER” process for the Inflation Reduction Act’s (“IRA”) Hydrogen...more

Treasury and IRS Propose Long-awaited Regulations for the Inflation Reduction Act’s Hydrogen Production Tax Credit (Section 45V)

On December 22, 2023, the Department of Treasury and Internal Revenue Service (collectively, “IRS”) proposed new regulations for the Inflation Reduction Act’s (“IRA”) Hydrogen Production Tax Credit (“PTC”), otherwise known as...more

IRS Releases Guidance on SAF Tax Credit and Signals Forthcoming Revisions to GREET Model for Determi

On December 15, 2023, IRS published Notice 2024-06, a brief but important guidance on Section 40B, the Inflation Reduction Act (“IRA”) tax credit for sustainable aviation fuel (“SAF”). The guidance establishes a safe harbor...more

Energy Department Launches Hydrogen Interagency Taskforce, But Few Details Emerge on Status of Federal Hydrogen Programs

The Department of Energy (“DOE”) held a webinar on Friday, August 18, 2023 on the U.S. government’s national hydrogen strategy. The main announcement was the formation of the Hydrogen Interagency Taskforce, or “HIT,” but the...more

DOE Considers $1 Billion Program to Spur Demand for Clean Hydrogen and Seeks Stakeholder Input

[This is the fifth post in our Hydrogen Blog Series...] The Bipartisan Infrastructure Law appropriated $8 billion for developing Hydrogen Hubs—regional networks to produce, distribute, and use clean hydrogen to curb...more

Clean Hydrogen: How It’s Produced and What We Can Do with It

[This is the second post in our Hydrogen Blog Series. Read the first post...] In the first post, I alluded to the technical issues hydrogen developers are considering. Here we’ll look at how hydrogen is produced and what...more

Healey-Driscoll Administration Launches Two Commissions to Accelerate Clean Energy Development

It’s a well-worn cliché that siting clean energy projects in Massachusetts is difficult. The statutes, regulations, and permitting processes intended to protect the Commonwealth’s environment and communities can also slow...more

Introducing Our Blog Series on Clean Hydrogen

We’re launching this blog series to help readers keep pace with the fast-moving world of clean hydrogen.  Each week or so we’ll post an article on different legal, regulatory, and technical opportunities and challenges facing...more

Infrastructure Investment and Jobs Act Part 2: Investing in Transmission

This is the second post in our series on the recently enacted Infrastructure Investment and Jobs Act, covering how the Act invests in strengthening our electric grid, which could better prepare us for the shift from fossil...more

FERC and NERC Talk Grid Resilience and Cybersecurity

On March 22, 2019, Foley Hoag hosted the New England Electricity Restructuring Roundtable, organized by Raab Associates. The roundtable featured keynote addresses by Federal Energy Regulatory Commission (“FERC”) Commissioner...more

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