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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

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

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