President Trump issued Executive Order ("EO") 14270 to reform the regulatory framework governing energy production through sunset provisions on all existing and future energy regulation....more
The U.S. Environmental Protection Agency ("EPA") announced an agenda to revisit numerous regulations addressing the emission of greenhouse gases ("GHGs")....more
The Biden administration's rule requiring the payment of a fee for methane emissions has effectively been rescinded, although, for now at least, the statutory provision imposing the fee remains in effect along with other...more
3/18/2025
/ Biden Administration ,
Clean Air Act ,
Climate Change ,
Deregulation ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Joint Resolutions ,
Methane ,
Regulatory Reform ,
Trump Administration
President Trump concluded that the integrity and expansion of the energy infrastructure of the United States is an immediate priority for the nation's economic and national security....more
On January 20, 2025, President Donald Trump issued the Executive Order on Unleashing American Energy, pausing the disbursement of grants and loans under the Inflation Reduction Act ("IRA") and the Infrastructure Investment...more
2/10/2025
/ Arbitration ,
Clean Energy ,
Energy Policy ,
Executive Orders ,
Federal Funding ,
Federal Grants ,
Foreign Direct Investment ,
Foreign Investment ,
Green Energy ,
Inflation Reduction Act (IRA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
International Arbitration ,
Investment Tax Credits ,
Renewable Energy ,
Trump Administration
During antitrust review between M&A signing and closing, HSR rules restrict an acquiror from beginning to control the target's business....more
1/27/2025
/ Acquisition Agreements ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fines ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Oil & Gas
In one of their final sets of guidance under President Biden, the Department of Treasury and the IRS released proposed regulations for the tax credit under Section 45W, which is available for purchasing electric vehicles for...more
1/27/2025
/ Automotive Industry ,
Biden Administration ,
Clean Energy ,
Electric Vehicles ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
IRS ,
Motor Vehicles ,
Proposed Regulation ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury
The Department of Treasury and the IRS have released Notices 2025-10 and 2025-11, outlining intended forthcoming proposed regulations for the Section 45Z clean fuel production credit introduced by the Inflation Reduction Act...more
1/23/2025
/ Biodiesel ,
Clean Energy ,
Clean Fuels Program (CFP) ,
Climate Change ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
IRS ,
Proposed Regulation ,
Regulatory Agenda ,
Renewable Energy ,
Renewable Fuel ,
Tax Credits ,
Tax Reform ,
U.S. Treasury
The Department of Treasury and the Internal Revenue Service released final regulations regarding the Section 45Y clean electricity production and Section 48E clean electricity investment tax credits....more
The Department of Treasury and the Internal Revenue Service issued final regulations regarding the Section 45V clean hydrogen production credit....more
The U.S. Department of the Treasury and the Internal Revenue Service have issued final regulations for the investment tax credit under section 48, providing guidance for projects that start construction by December 31, 2024....more
The U.S. Department of the Treasury and the Internal Revenue Service have issued final regulations allowing tax-exempt entities that are partners in clean energy projects to elect to receive energy tax credits in cash....more
12/3/2024
/ Clean Energy ,
Energy Policy ,
Energy Projects ,
Energy Tax Incentives ,
Internal Revenue Code (IRC) ,
IRS ,
New Regulations ,
Oil & Gas ,
Renewable Energy ,
Tax Credits ,
Tax Exempt Entities ,
U.S. Treasury
The Department of Treasury and the Internal Revenue Service ("IRS") issued final regulations regarding the advanced manufacturing production tax credit....more
On July 22, 2024, U.S. Senators Joe Manchin (I-WV) and John Barrasso (R-WY) released a long-awaited energy permitting reform bill, which aims to accelerate the permitting process for critical energy, mineral, and related...more
7/26/2024
/ Energy Policy ,
Energy Projects ,
Energy Reform ,
FERC ,
Infrastructure ,
Judicial Review ,
Liquid Natural Gas ,
Natural Gas ,
Oil & Gas ,
Power Plants ,
Proposed Legislation ,
Regulatory Agenda ,
Statute of Limitations
The Background: The Inflation Reduction Act ("IRA") created or enhanced various tax credits for qualifying renewable energy projects. However, a taxpayer loses 80% of otherwise-available IRA credits unless prevailing wage...more
7/5/2024
/ Apprenticeships ,
Clean Energy ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Energy Projects ,
Inflation Reduction Act (IRA) ,
IRS ,
Prevailing Wages ,
Renewable Energy ,
Tax Credits ,
Wage and Hour
Federal courts will no longer give controlling weight to agency interpretations of ambiguous laws....more
On May 13, 2024, President Biden signed into law the Prohibiting Russian Uranium Imports Act ("the Act"), which bans imports of low-enriched uranium ("LEU") produced in Russia or by a Russian entity. The Act will go into...more
The Situation: The United States Environmental Protection Agency ("EPA") was required to overhaul the greenhouse gas reporting requirements for the petroleum and natural gas industry by the Inflation Reduction Act ("IRA") in...more
The Department of Treasury and the Internal Revenue Service released newly proposed regulations regarding the clean electricity production and investment tax credits....more
6/3/2024
/ Clean Energy ,
Energy Projects ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Investment Tax Credits ,
IRS ,
Oil & Gas ,
Production Tax Credit ,
Proposed Regulation ,
U.S. Treasury ,
Zero Emission Credits
The Department of Treasury, the Internal Revenue Service, and the Department of Energy finalized guidance on the requirements for new and used clean vehicles to be eligible for federal tax credits....more
5/15/2024
/ Automotive Industry ,
Clean Car Standards ,
Clean Energy ,
Department of Energy (DOE) ,
Due Diligence ,
Electric Vehicles ,
Federal Taxes ,
Foreign Entities ,
Inflation Reduction Act (IRA) ,
IRS ,
Proposed Guidance ,
Supply Chain ,
Tax Credits ,
U.S. Treasury
The Department of Treasury and the Internal Revenue Service issued final regulations on requirements for taxpayers selling clean energy tax credits....more
The European Commission ("Commission") adopted an Industrial Carbon Management Communication ("Communication") on 6 February 2024, outlining the Commission's ambitions for a strategy to boost the deployment of technologies in...more
Holtec Palisades is the first project to receive a conditional funding commitment from the U.S. government through the Inflation Reduction Act's Energy Infrastructure Reinvestment ("EIR") program....more
On January 12, 2024, the EPA announced a proposed new rule entitled Waste Emissions Charge for Petroleum and Natural Gas Systems (the "Proposed Rule"). As required by Congress pursuant to the Inflation Reduction Act ("IRA"),...more
3/13/2024
/ Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Methane ,
Natural Gas ,
Oil & Gas ,
Proposed Rules ,
Regulatory Agenda ,
Waste Disposal
The SEC has adopted the much-anticipated climate-related disclosure rules, which are more than 900 pages long, two years after they were first proposed. Although the rules will almost certainly face challenges in court that...more