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57 published works
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EPA, States Differ on Approach to Carbon Capture and Storage Facility Liability
By Anthony Carna, Andrew Gann, Mitch Diles, Allison Wood, David Franchina, Christina
Carbon Capture and Storage (CCS) refers to the process of injecting carbon dioxide into deep rock formations known as “Class VI wells” as a long-term underground storage option to reduce…
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Congress Reinvigorates Nuclear Energy Industry With Passage of ADVANCE Act
By Emilie McNally, Jake Spilman, Heather Arbogast, Brian Kelly, Mike Woodard
Congress passed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act (ADVANCE Act) in June 2024, which includes several provisions to encourage the development of nuclear energy infrastructure. President Biden…
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Final Sale Notice Announced for Wind Lease Areas Off Delaware/Maryland and Virginia
By Mike Woodard, Brennen Keene
After a lengthy process to identify potential offshore wind energy areas that originated in 2022, on June 28, 2024, the U.S. Department of the Interior announced the auction date for…
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Producers May Subtract Gas Used to Power Post-Production Activities From “At-the-Well” Royalty Payments
By Andrew Gann, Miles Indest, Ryan Frankel
In Carl v. Hilcorp Energy Co., the Texas Supreme Court—addressing certified questions from the Fifth Circuit—held that producers may subtract the volume of gas powering post-production activities from “at-the-well” royalty calculations…
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IRS Issues New Safe Harbor for 10% Domestic Content Bonus
By Durham McCormick, Jon Neal, Shelby Sumlin
On May 17, 2024, the IRS released Notice 2024-41, which provides new safe harbors for determining certain energy projects’ qualification for the 10% domestic content bonus under the production tax credit…
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Increased Tariffs Announced in Response to U.S. Trade Representative Review of Chinese Imports
By Heather Arbogast, John Padgett, Emilie McNally, Hanna Brourman, Sam Kettering, Ian Hutter
On May 14, 2024, the Biden administration — following the conclusion of the U.S. trade representative’s statutory review of Section 301 tariffs imposed on Chinese-origin goods in 2018 — announced…
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U.S. Solar Manufacturers File New Antidumping and Countervailing Duty Petitions
By Emilie McNally, Brian Kelly, Sam Kettering, Ian Hutter, Hanna Brourman
In April 2024, the American Alliance for Solar Manufacturing Trade Committee (the Petitioner), a coalition representing leading U.S. solar manufacturers (Convalt Energy, First Solar, Meyer Burger, Mission Solar, Qcells, REC…
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Royalty Class Actions: The Rise of Class Certification and Defenses to Avoid It
By Elizabeth Thomas, Andrew Gann, Jonathan Blank
The recent rise in royalty class action lawsuits brought by the plaintiffs’ bar, that generally coincides with the ebb in crude oil prices, is a growing risk for oil and…
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McGuireWoods Releases Annual Update to One-of-a-Kind FERC Enforcement Reporter
By Carrie Mobley, Todd Mullins, Noel Symons
Over the past year, there have been major Federal Energy Regulatory Commission developments as more cases moved from the agency to adjudication in the courts. McGuireWoods’ update to its innovative FERC…
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McGuireWoods Oil & Gas Year in Review 2023
By Jonathan Blank, Anthony Carna, Gregory Krock, Andrew Gann, Ryan Frankel, Miles Indest, Mitch Diles, Charles Kuo, Michael A. Brody
McGuireWoods’ multidisciplinary oil and gas sector team published legal insights for companies operating in the oil and gas industry. This “Oil & Gas Year in Review 2023” summarizes key developments…