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Inflation Reduction Act
FERC Finalizes Interconnection Queue Reforms
On July 28, 2023, following up on its June 2022 Notice of Proposed Rulemaking (“Generator Interconnection Reform NOPR”), the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued its long-awaited rulemaking order, Order No. 2023, requiring reforms to FERC’s pro forma...
The Multi-Sector Fuel Dilemma
Confusion persists among industry stakeholders regarding the correct structuring approach to renewables. The truth is that renewables traverse sectors and is not a sector itself. Electrical power generated through sustainable means is a service, much like fossil fuel powered power...
Supreme Court “Clarifies” Employer Duty to Make Religious Accommodations
On June 29, 2023, in Groff v. DeJoy , the US Supreme Court unanimously adopted a new interpretation of the standard for when an employee’s religious accommodation poses an “undue hardship” for an employer under Title VII of the Civil...
Treasury Department and IRS Issue Additional Guidance on the New Low-Income Communities Bonus Credit Program
The low-income communities bonus credit (the LIC Bonus), which was introduced by the Inflation Reduction Act of 2022 (the IRA), provides an enhanced tax credit for certain wind and solar facilities located in designated low-income communities. On February 13, 2023...
Treasury Department and IRS Release Long-Awaited Guidance on Credit Transfers
On June 14, 2023, the Treasury Department and the Internal Revenue Service (IRS) released long-awaited guidance (the Credit Transfer Guidance) regarding the transfer of energy transition tax credits under Section 6418, [1] which was enacted under the Inflation Reduction Act...
Updated Texas Property Tax Incentives Program Adds New Wrinkles
Bracewell’s Bucky Brannen reviews differences between Texas’ new property tax incentives program and the previous version of the program, identifying potential obstacles and considerations for applicants.
Treasury Department and IRS Release Additional Guidance for the Advanced Energy Project Credit Allocation Program
On May 31, 2023, the Treasury Department and the Internal Revenue Service (IRS) released Notice 2023-44 (the Notice). The Notice provides additional guidance for the new program under Section 48C(e) created by the Inflation Reduction Act of 2022 (the IRA)...
Congress Amends NEPA in Effort to Reform Federal Permitting
On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act. The law increased the debt ceiling and, among other things, amended the National Environmental Policy Act (NEPA). NEPA is a bedrock environmental law that has not seen...
Treasury Department and IRS Release Guidance on the New Domestic Content Bonus Credit
The domestic content bonus credit (the DC Bonus), which was introduced by the Inflation Reduction Act of 2022 (the IRA), provides an enhanced tax credit for renewable energy and storage projects constructed with sufficient US-sourced materials and components (the Domestic...
EPA’s Proposal to Grant Class VI Primacy to Louisiana – Availability of Application Documents
On May 4, 2023, the US Environmental Protection Agency (EPA) published its proposal to approve revision of Louisiana’s Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) program to add Class VI injection well primary enforcement responsibility (primacy) for Class...
Treasury Department and IRS Update Energy Community Bonus Guidance
On April 10, 2023, the Treasury Department and the Internal Revenue Service (IRS), without a formal announcement, released a revised version of Notice 2023-29 (the Revised Notice) on the IRS website. The Treasury Department and the IRS released the initial...
Treasury Department and IRS Release Guidance on the Energy Community Bonus Credit
The energy community bonus credit (the EC Bonus), which was introduced by the Inflation Reduction Act of 2022 (the IRA), provides a bonus credit for projects located in Energy Communities. The EC Bonus is available for projects that qualify for...
Treasury Department and IRS Release Initial Guidance on the New Low-Income Communities Bonus Credit Program
The low-income communities bonus credit (the LIC Bonus), which was introduced by the Inflation Reduction Act of 2022 (the IRA), provides an enhanced tax credit for renewable energy projects located in designated low-income communities. The LIC Bonus is available for...
The New UAE Commercial Agencies Law
The longstanding UAE Commercial Agency Law (Federal Law No. 18 of 1981 Regulating Commercial Agencies, as amended) (the “ Current Law ”) is set to be replaced by the newly issued UAE Commercial Agency Law (Federal Law No. 3 of...
Texas "Two-Step" Forward, Three Steps Back for Mass Tort Debtors in the Third Circuit After LTL
In a decision that may provide much-needed boundaries around the permissibility of debtors created from “out-of-the-box” prepetition corporate transactions, on January 30, 2023, the United States Court of Appeals for the Third Circuit issued a unanimous opinion dismissing Johnson &...