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2024 Insights: Other Regulatory Developments

AI in 2024: Monitoring New Regulation and Staying in Compliance With Existing Laws Companies that develop or employ AI tools have to consider proposed AI-specific regulation as well as an array of existing IP, privacy,...more

Transferability: IRS Guidance Energizes Participation in a New Tax Credit Monetization Strategy

The Inflation Reduction Act (IRA) of 2022 reflected a push by Congress and the Biden administration to address climate change by broadening the applicability of tax credits traditionally available for renewable energy to new...more

Part IV / Infrastructure Investment and Jobs Act: A Guide to Key Energy and Infrastructure Programs and Funding

Part IV: DOE Loan Programs (Innovative Energy Technologies and Advanced Technology Vehicle Manufacturing) - In the final installment of our four-part series on the Infrastructure Investment and Jobs Act (IIJA), we focus on...more

Growing Opportunities in Clean Hydrogen

Key Points Hydrogen fuel has long been considered a potential clean alternative to fossil fuels because the only byproduct from the combustion of hydrogen is water. However, traditional methane-based hydrogen production...more

Part III / Infrastructure Investment and Jobs Act: A Guide to Key Energy and Infrastructure Programs and Funding

Part III: Energy, Water and Broadband Infrastructure - The energy-related provisions of the Infrastructure Investment and Jobs Act (IIJA) provide substantial support for clean hydrogen, carbon capture and sequestration,...more

Part II / Infrastructure Investment and Jobs Act: A Guide to Key Energy and Infrastructure Programs and Funding

Part II: Electric Vehicles and Battery Materials Processing, Manufacturing and Recycling - The Infrastructure Investment and Jobs Act (IIJA) includes significant funding and program initiatives intended to accelerate the...more

Part I / Infrastructure Investment and Jobs Act: A Guide to Key Energy and Infrastructure Programs and Funding

Part I: Transportation Infrastructure and Provisions Related to Public-Private Partnerships - Overview - The Infrastructure Investment and Jobs Act (IIJA), signed into law on November 15, 2021, authorizes historic investments...more

Senate Passes Landmark Bill With Climate, Tax, Energy and Health Care Implications

On August 7, 2022, the Senate passed the Inflation Reduction Act (the Act), which is expected to have a significant impact on climate, tax and health care policy in the United States. The result of intense negotiations among...more

US Bans Russian Oil Imports and Restricts Investment in Russia’s Energy Sector

On March 8, 2022, President Joe Biden issued Executive Order (E.O.) 14066, which bans the import of Russian oil, gas and other energy products into the United States and imposes sweeping prohibitions on new U.S. investment in...more

Increased Demand for Renewable Energy PPAs Expected To Create Seller-Friendly Market

Takeaways - The widespread adoption of sustainability goals by major corporations has created significant demand for renewable power. That, in turn, is strengthening the hand of producers in negotiations over power...more

DOE Offers Financing for US EV and Energy Infrastructure

U.S. Department of Energy (DOE) loan guarantee and direct lending facilities may be attractive financing options for borrowers who are developing electric vehicle (EV) infrastructure and innovative energy-related technologies...more

Infrastructure Plan Relies On Federal Loan Programs

On March 31, 2021, President Biden released one of his most significant policy initiatives, the American Jobs Plan. The eight-year, over $2 trillion plan proposes large investments in a broadened scope of infrastructure. In...more

Trump Administration Limits Acquisitions and Use of Bulk-Power System Electric Equipment From Foreign Adversaries

On Friday, May 1, 2020, the Trump administration issued an executive order prohibiting the acquisition and installation of “bulk-power system electric equipment” (such as generators, circuit breakers, metering equipment,...more

Coronavirus/COVID-19 Update #2

The question is no longer whether the volatility created by the COVID-19 pandemic will deepen the difficulties businesses and other institutions face in the coming months, but by how much and in what ways. In the past few...more

Skadden's 2019 Insights: Recent Trends in Renewable Energy

The renewable energy sector has benefited in recent years from its growing cost-competitiveness, favorable climate change-related policies, and significant new capital investment from traditional and nontraditional debt and...more

White House Infrastructure Plan — Perspectives for the P3 Market

On February 12, 2018, the Trump administration released its long-awaited infrastructure plan, titled “A Legislative Outline for Rebuilding Infrastructure in America” (the Plan). In 50-plus pages, the Plan sets forth a...more

Trade Barrier on Solar Cells and Modules to Significantly Impact US Solar Industry

On January 22, 2018, U.S. Trade Representative (USTR) Robert E. Lighthizer announced that President Donald Trump had decided to impose safeguard remedies, or temporary trade barriers, with respect to imports of crystalline...more

"President Trump’s 2018 Budget Blueprint: Takeaways for Infrastructure Investors"

On March 16, 2017, the Office of Management and Budget released “America First: A Budget Blueprint to Make America Great Again” (the Blueprint), which outlines the Trump administration’s discretionary funding proposals for...more

"Mexican Energy Sector Restructuring: New Opportunities for Renewables"

The ongoing effort to restructure the power sector in Mexico, together with Mexico’s strong policy on combating climate change, have created compelling opportunities for investors in renewable energy projects that likely will...more

"Corporations Turn to Synthetic PPAs to Reduce Energy Costs, Carbon Footprints"

Synthetic power purchase agreements (PPAs) for renewable energy have emerged in recent years as a promising opportunity for corporations to reduce and stabilize their long-term energy costs and advance their sustainability...more

"Renewable Energy Project Warehouse Facilities Are on the Rise"

An important development in the financing of solar, wind and other renewable energy projects in 2015 was the use of a flexible investment and financing vehicle referred to as a “warehouse.” Akin to traditional warehouse...more

"EPA Issues Clean Power Plan to Reduce Power Plant Carbon Emissions (Updated)"

On August 3, 2015, the U.S. Environmental Protection Agency issued its final regulation, known as the Clean Power Plan (CPP), establishing carbon dioxide emission guidelines for existing affected electric utility generating...more

"EPA Issues Clean Power Plan to Reduce Power Plant Carbon Emissions"

On August 3, 2015, the U.S. Environmental Protection Agency (EPA) issued its final regulation, known as the Clean Power Plan (CPP), establishing carbon dioxide (CO2) emission guidelines for existing affected electric utility...more

"Managing Related-Party Transactions With Yieldco and MLP Vehicles After El Paso Pipeline"

Sponsors generally form a yieldco or a master limited partnership (MLP) because the structure of these permanent capital vehicles allows for the issuance of equity to investors at a lower cost of capital, providing a...more

"New York State Issues RFP to Deploy $200 Million for Clean Energy Projects"

On February 5, the newly created New York State Green Bank issued its first request for proposals for clean energy projects in the state looking to access the Green Bank’s range of credit facilities. ...more

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