Latest Publications

Share:

California's Climate Disclosure Laws Move Forward After Governor Newsom's Proposal to Delay Implementation Fails

The California legislature continues to press forward with the implementation of two of the state's sweeping climate disclosure laws after a proposal to delay the implementation dates by the governor failed to be considered...more

Proposed Treasury Regulations Provide Guidance on New Clean Electricity Production and Investment Tax Credits

The Department of Treasury and the Internal Revenue Service released newly proposed regulations regarding the clean electricity production and investment tax credits....more

Final Clean Vehicle Credit Regulations Clarify Diligence and Tracing Rules

The Department of Treasury, the Internal Revenue Service, and the Department of Energy finalized guidance on the requirements for new and used clean vehicles to be eligible for federal tax credits....more

Administration Finalizes Regulations on Clean Energy Tax Credit Transfers

The Department of Treasury and the Internal Revenue Service issued final regulations on requirements for taxpayers selling clean energy tax credits....more

French Court Rules on Safe Harbor of Netting Agreements in Insolvency

For the first time ever, a court in France has examined the compatibility of the statutory netting safe harbor with the French Constitution. The French High Court of Justice (Cour de cassation) addressed the preliminary...more

SEC Finalizes Climate Disclosure Rules

The SEC has adopted the much-anticipated climate-related disclosure rules, which are more than 900 pages long, two years after they were first proposed. Although the rules will almost certainly face challenges in court that...more

Proposed Guidance Clarifies "Foreign Entity of Concern" Restrictions for Clean Vehicle Credit

New proposed Treasury and Department of Energy ("DOE") guidance, issued on December 1, 2023, offers clarity on which vehicles will be disqualified from the Clean Vehicle Tax Credit due to the inclusion of minerals or...more

The CFTC Proposes "Guidance" for Derivatives Markets on Listing Voluntary Carbon Credit Derivatives

In Short - The Background: As voluntary carbon credits ("VCCs") have grown in popularity, questions about their integrity and quality have arisen for investors and among regulators and lawmakers. For this reason, many have...more

California Emissions Bills: What Your Company Needs to Know

In Short - The Situation: The California legislature passed landmark climate bills that surpass emissions disclosure requirements of any other existing state law. The bills are branded as the nation's first comprehensive...more

CFTC Lacks Jurisdiction Over TRS on ETFs and Custom Baskets

In Short - The Situation: The civil action of the Commodity Futures Trading Commission ("CFTC") against Archegos Capital Management LP and its CFO is but one of many civil and criminal matters arising out of Archegos's...more

Germany Launches EUR 50 Billion Funding Program for Decarbonization of Heavy Industry

Germany has launched a massive EUR 50 billion funding program to support energy-intensive industries such as steel, chemical, and cement to become climate-neutral. The program offers considerable financial support for...more

U.S. Treasury and OECD Lay Groundwork for Selling Clean Energy Tax Credits

In Short - The Situation: With the Inflation Reduction Act of 2022 (the "IRA"), Congress created new tax credits and expanded several others to encourage U.S. taxpayers to invest in clean energy and carbon reduction...more

Bureau of Land Management Publishes Proposed Rule That May Redefine the Management of Public Lands

The Bureau of Land Management ("BLM") announced a sweeping proposed rule that would change how public lands are managed by the federal government. On April 3, 2023, BLM published a proposed rule to promote the...more

Tax Credits for Sale: Opportunities for Financing Renewable Energy and Carbon Reduction Projects Under the Inflation Reduction Act

The Inflation Reduction Act gives taxpayers two options for monetizing the Internal Revenue Code's energy-related tax credits—a "direct pay" election and the ability to sell credits to third parties for cash. These options...more

Senators Urge CFTC to Regulate Carbon Credit Markets

A group of seven U.S. senators have written a letter to the Commodity Futures Trading Commission ("CFTC"), expressing concerns with the integrity of the carbon credit markets and urging the CFTC to investigate and regulate...more

10/26/2022  /  Carbon Emissions , CFTC , Offsets

Inflation Reduction Act: Impact on Electric Vehicle and Transportation Industries

The Inflation Reduction Act of 2022 (the "Act"), signed into law by President Biden this month, offers new or expanded tax incentives for buying electric vehicles ("EVs") and using or producing certain environmentally...more

The Inflation Reduction Act: Impact on Renewable Energy

The Inflation Reduction Act (the "Act"), signed into law by President Biden on August 16, 2022, will significantly impact clean energy. This White Paper contains a summary of the provisions most relevant to the renewable...more

Inflation Reduction Act Expands the Carbon Capture and Sequestration Tax Credit

The Act breathes new life into Section 45Q, the federal carbon capture tax credit, available to taxpayers capturing and sequestering qualifying carbon dioxide and other carbon oxides and claimed over a 12-year period. The...more

SEC Proposes Three New Rules for Securities-Based Swaps

The SEC is considering new rules that would require public position reporting and other requirements for security-based swaps. On December 15, 2021, the SEC proposed three rules under the Securities Exchange Act to...more

FERC, NERC Outline Proposed New Reliability Standards Following the February Winter Storm

The Federal Energy Regulatory Commission's ("FERC") Office of Electric Reliability and Enforcement and the North American Electric Reliability Corporation ("NERC") staff presented a series of findings and preliminary...more

FERC Approves New Cold Weather Reliability Standards

On August 24, 2021, the Federal Energy Regulatory Commission ("FERC") approved new cold weather electric reliability standards proposed by the North American Electric Reliability Corporation ("NERC"). The standards will apply...more

ISDA Publishes REC Annex

The International Swaps and Derivatives Association (ISDA) is launching and publishing the ISDA U.S. Renewable Energy Certificate Annex (REC Annex) to enable market participants to efficiently sell and purchase renewable...more

QFC Resolution Stay Regulations: Not Just for Derivatives

The Situation: Banking regulators in the United States have issued the so-called "Resolution Stay Regulations," which require "global, systemically-important banks" ("GSIBs") to amend a broad variety of "qualified financial...more

27 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide