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Energy Policy Priorities for the 119th Congress and Trump Administration

President-elect Trump has been outspoken about his intent to reverse many of the Biden administration’s clean energy legislative and regulatory actions. We expect that the second Trump administration will seek to repeal...more

IRS Issues Proposed Rules on New Tech-Neutral Clean Energy PTC and ITC

On May 29, 2024, the Internal Revenue Service (IRS) and the Department of Treasury issued proposed regulations (REG-119283-23) addressing the new technology neutral clean electricity production tax credit (PTC) in section 45Y...more

IRS Updates PTC and ITC Domestic Content Bonus Guidance

On May 16, 2024, the Internal Revenue Service (IRS) issued further guidance (Notice 2024-41, the Additional Notice) intended to provide clarity and certainty surrounding the domestic content1 bonus credit by (among other...more

Proposed Clean Hydrogen Guidance: Limitations on Credit Availability for Green Hydrogen Projects and Paths Forward

Guidance recently issued by the Department of the Treasury and the Internal Revenue Service (IRS) in proposed regulations (REG-117631-23) will (if held to be final) have a significant impact on green hydrogen projects in the...more

Clean Energy Tax Credit Transferability Guidance Issued

On June 14, 2023, the Internal Revenue Service and the Treasury Department issued (among other guidance) an expansive set of proposed regulations explaining how taxpayers can monetize 11 green energy tax credits through...more

Proposed Regulations for Low-Income Community Solar/Wind Tax Credit Introduce New Priority Criteria

On May 31, the Treasury Department issued proposed regulations (REG-110412-23) detailing how small solar and wind facilities located in or connected to low-income communities (LIC) can qualify for the so-called Low-Income...more

Low-Income Community Solar/Wind Facility Tax Credit Guidance Leaves Most Important Questions Open

While the Internal Revenue Service (IRS) may have nominally satisfied the 180-day deadline in the Inflation Reduction Act (IRA) to establish procedures for taking advantage of special rules applicable to small solar and wind...more

IRS Publishes Initial Guidance on Wage and Apprenticeship Requirements

The Internal Revenue Service (IRS) released its eagerly-anticipated guidance (the PWA Notice) regarding the prevailing wage and apprenticeship requirements under the Inflation Reduction Act (IRA). The publication of the PWA...more

IRS Issues Request for Public Comment on Clean Energy and Climate Provisions Included in Inflation Reduction Act

On October 5, 2022, the Department of Treasury and Internal Revenue Service (IRS) released six Notices requesting comments on anticipated regulations and other guidance under various climate and clean energy incentives...more

Issues Affecting Sustainable Finance in 2022

If, as they say, past is prologue, then boards of directors in the United States should follow closely lessons learned by their European and British counterparts when it comes to the potential role sustainable finance plays...more

Why Must the Project Company Only Sell Its Power into the Wholesale Market in a VPPA?

A common question for commercial and industrial (C&I) offtakers is why there’s a covenant that the Project Company must sell all of the power it is financially settling with the C&I customer into the wholesale market. A...more

Texas Hedging: Why Did Some Projects Emerge Unharmed While Others Are in Trouble?

The winter storm in Texas last month altered perceptions of the Texas electricity market (not to mention the heavy toll it took on the residents of Texas), including the reputation of renewable energy hedges. However, not all...more

Industry Updates from the UT Renewable Energy Law Conference

Akin Gump recently co-sponsored the 16th Annual Renewable Energy Law Conference, presented by The University of Texas School of Law and The Oil, Gas and Energy Resources Law Section of the State Bar of Texas. Due to COVID-19...more

Changes to EMIR Reporting Responsibilities from 18 June 2020 – Key Considerations

Derivatives reporting responsibilities under the European Market Infrastructure Regulation (EMIR) will change from 18 June 20201, as (i) alternative investment fund managers (AIFMs) will become responsible for reporting for...more

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