Subsidies

News & Analysis as of

Health Care Alert: ACA Health Insurance Subsidies Called into Question by DC Circuit

Yesterday, a divided three judge panel of the United States Court of Appeals for the DC Circuit struck down the IRS regulation allowing federal premium subsidies for individuals buying health insurance at...more

A Tale of Two Circuits: D.C. Circuit, Fourth Circuit Split on ACA Subsidies

It was the best of times for ACA subsidies, it was the worst of times for ACA subsidies. On Tuesday, the Court of Appeals for the D.C. Circuit (“D.C. Circuit”) and the Court of Appeals for the Fourth Circuit (“Fourth...more

FCC Allocates $100 Million for Rural Broadband Experiments –Agency Will Reward Providers That Can Deliver Broadband at Speeds up...

On Friday, July 11, 2014 the FCC adopted an order implementing its planned “Rural Broadband Experiments”—a test-case program for disbursing subsidies to competitive providers that can deploy broadband to unserved areas. Our...more

Is China’s Big Win at the World Trade Organization against the U.S. Government’s Policy on Chinese Subsidies a Game-Changer?

On July 14, 2014, a panel of the World Trade Organization (WTO) ruled in favor of China against certain policies employed by the U.S. Department of Commerce (Commerce) in conducting countervailing duty investigations. ...more

Illinois Supreme Court Rules that Retiree Health Subsidies are Constitutionally Protected Benefits

In a 6-1 decision that may have significant ramifications, the Illinois Supreme Court held in Kanerva v. Weems that state-subsidized retiree medical premiums for certain public sector retirees are a protected benefit under...more

German Federal Government Plans Tax Exemption of INVEST – Subsidy for Venture Capital

The German Federal Government has given an important insight to its plans and future measures regarding taxation of the start-up- and VC-ecosystem in Germany by officially answer to a parliamentary request by several members...more

Commerce Issues Preliminary Determination Finding Chinese Solar Producers Receive Countervailable Subsidies

The Department of Commerce (Commerce) preliminarily determined on June 3 that the Chinese government subsidizes the production and export of crystalline silicon photovoltaic solar cells (solar cells), as well as modules,...more

Trade & Manufacturing - July 2014

In This Issue: - Commerce Issues Preliminary Determination Finding Chinese Solar Producers Receive Countervailable Subsidies - United States Prevails in WTO Dispute Challenging China's Duties on U.S....more

Food and Beverage Alert (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Senators express concern about FDA’s use of draft guidance documents to...more

Tax And Business Planning For Farmers To Avoid Higher Taxes And Loss Of Subsidies

The Agricultural Act of 2014 (aka - the 2014 Farm Bill) has been controversial, to say the least. Among its many changes are an $8 billion cut to the “food stamp” program. The Farm Bill also drastically modifies or ends...more

5 things to know about RAD

With HUD’s Rental Assistance Demonstration program in full swing and transactions moving through the RAD pipeline, it may be helpful to step back now and again to consider some points about RAD. Here are a few that have...more

New Bay Area Commuter Benefits Program Imposes Obligations on Employers

The California Legislature enacted the Bay Area Commuter Benefits Program in 2012 to require certain employers to provide financial incentives to employees to commute to and from work via some means other than driving alone. ...more

New EU Energy and Environmental State Aid Guidelines Adopted: Phase Out of Renewable Energy Subsidies in Sight

On 9 April 2014, the European Commission adopted its new Energy and Environmental State Aid Guidelines (the "EEAG") which will take effect from 1 July 2014 onwards, replacing the Environmental State aid Guidelines ("EAG")...more

Obama Energy Official: Nuclear Plants Essential To Our Carbon Reduction Goals

Peter Lyons, the Department of Energy’s (“DOE”) assistant secretary for nuclear energy, outlined the Obama Administration’s reasons for supporting nuclear power in the United States at the Platts 10th Annual Nuclear Energy...more

Could Losing Copyright Protection Be The Key To Ending Stadium Subsidies?

Quentin Tarantino is suing Gawker Media because it leaked his script and Northwestern football players are attempting to unionize in yet another attack on the NCAA — two stories that would otherwise be right in my wheelhouse...more

Lawsuits Over Health Exchange Premium Subsidies Challenge Heart of Reform Law

Royal Oakes was quoted in a Jan. 5th, 2014, Business Insurance article, Lawsuits Over Health Exchange Premium Subsidies Challenge Heart of Reform Law, by discussing a pair of lawsuits aimed at limiting availability of premium...more

The Affordable Care Act Comes Of Age

Since President Obama signed the Patient Protection and Affordable Care Act (ACA) in March 2010, various provisions of the law have taken effect. However, its core pieces become effective this year....more

New Bill Aims to Eliminate Tax Subsidies for Oil, Gas and Coal Industries

A bill introduced on Thursday, November 21 in the Senate by Bernie Sanders, I-Vt., and in the House of Representatives by Keith Ellison, D-Minn., is designed to remove an estimated $110 billion in existing tax subsidies for...more

HHS Says Qualified Health Plans Are Not ‘Federal Health Care Programs’

The Department of Health and Human Services (HHS) recently announced that qualified health plans (QHPs) established by the Affordable Care Act (ACA)—which include federally-facilitated insurance exchanges and federal...more

And You Thought Ending Flood Insurance Subsidies Would Be Difficult? Try Persuading a Politician to Support “Managed Coastal...

Earlier today, I posted about the political difficulties inherent in reforming flood insurance programs to avoid subsidizing those who choose to live in coastal areas subject to flooding. When even Democratic legislators...more

Health Reform + Related Health Policy News - October 2013 - Issue 3

In This Issue: - Top News ..Deal to Raise Debt Ceiling, End Shutdown Yields No Major Changes to Health Care Law ..Problems with HealthCare.gov Website Continue; HHS Working to Fix Issues ..Kaiser Study...more

CJEU Confirms Prior State Aid Cannot be Taken into Account by Public Authority To Justify Further Subsidies as Market Behaviour

In its recent judgment in Land Burgenland (Joined Cases C-214/12 P, C-215/12 P and C-223/12 P) the Court of Justice of the European Union has confirmed that State aid granted to an undertaking in the past must not be taken...more

HUD Issues New Public Housing Capital Fund Rule

The final rule for the Public Housing Capital Fund Program (Capital Fund) recently released by the U.S. Department of Housing and Urban Development (HUD) makes significant changes to the Capital Fund. Noteworthy...more

Mississippi Supreme Court Upholds the Net Operating Income Method for Determining True Value of Affordable Housing

In a much anticipated decision, on October 17, 2013, the Mississippi Supreme Court upheld the Income Approach to Valuation of Affordable Housing, which is a significant victory for affordable housing developers and the larger...more

MD and NJ Programs Subsidizing New Power Plants Found Unconstitutional in Separate Federal Decisions

On October 11, 2013, New Jersey’s Long-Term Capacity Pilot Program (LCAPP) became the second state program designed to foster the development of new in-state power plants to be found unconstitutional in as many weeks. In late...more

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