On June 20, 2019, the United States Court of Federal Claims published its long-awaited opinion in California Ridge Wind Energy, LLC v. United States, No. 14-250 C. The opinion addressed how taxpayers engaging in related party transactions may appropriately determine
Energy Business Law
Insights for the Global Energy Industry
The Energy Business Law blog, published by McDermott Will & Emery, covers legal and regulatory developments affecting the energy sector, including renewable energy investments, energy market regulations, and environmental compliance. It addresses topics such as energy private equity trends, capacity market rules, carbon capture tax credits, and environmental liability risks for energy companies. The blog also explores the intersection of energy law with ESG investing, sustainability initiatives, and government policies impacting energy markets. It provides insights into structuring energy transactions, navigating federal and state regulations, and managing risks related to energy projects and investments.
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Alta Wind: Federal Circuit Reverses Trial Court and Kicks Case Back to Answer Primary Issue
On July 27, 2018, the US Court of Appeals for the Federal Circuit in Alta Wind v. United States, reversed and remanded what had been a resounding victory for renewable energy. The US Court of Federal Claims had ruled…
SOL and the 1603 Cash Grant – File Now or Forever Hold Your Peace
Taxpayers are running out of time to file refund claims against the government. If the government reduced or denied your Section 1603 cash grant, you can file suit in the Court of Federal Claims against the government to reclaim your…
FERC Announces Tax Reform Actions and Eliminates Income Tax Allowance for Master Limited Partnerships
FERC announced actions in response to the 2017 tax reform legislation and a revised income tax policy, which eliminates the income tax allowance for Master Limited Partnerships. Regulated entities should ensure that they comply with FERC’s orders regarding the treatment…
Highly Anticipated FERC Rule Removes Barriers to Electric Storage
On February 15, the Federal Energy Regulatory Commission (FERC) issued a much-anticipated order designed to remove barriers to electric storage resource participation in organized wholesale electricity markets. The order—dubbed Order No. 841—creates new rules that require each regional transmission operator…
Trump Administration Imposes Tariffs on Foreign Solar
Yesterday, the US Trade Representative announced that President Trump approved recommendations to impose a safeguard tariff on imported solar cells and modules under Section 201 of the Trade Act of 1974. The tariff will be in effect for the next…
FERC Rejects Department of Energy Proposal Benefitting Coal and Nuclear
On January 8, 2018, the Federal Energy Regulatory Commission (FERC) rejected the Department of Energy’s (DOE) Proposed Rule, which would have required organized wholesale electricity markets run by independent system operators (ISOs) or regional transmission organizations (RTOs) to establish…
The Senate’s New Base Erosion Tax: Highlights for Renewable Energy
On December 2, 2017, the Senate approved its version of the Tax Cuts and Jobs Act. The Senate Bill includes the base erosion and anti-abuse tax, a new tax intended to apply to companies that significantly reduce their US tax…
Initial Republican Tax Reform Proposal Includes Tax Cuts and Changes to Energy Credits
Changes to the energy credits proposed in the Tax Cuts and Jobs Act could impact the eligibility of renewable energy projects that had been relying on the guidance previously issued by the Internal Revenue Service.
International Trade Commission Issues Recommendations for Tariffs on Imported Solar PV Equipment
On October 31, 2017, the US International Trade Commission (ITC) released its recommendations to impose a tariff on imported solar equipment. The proposals it issued, however, would result in duties substantially lower than those sought by the petitioners. The ITC’s…