On January 20, 2025, President Trump issued several Executive Orders and memoranda (the “EOs”) signaling a significant policy shift favoring robust and market-based energy production (mostly relying on fossil fuels), while...more
1/27/2025
/ Carbon Capture and Sequestration ,
Clean Water Act ,
Defense Production Act ,
Department of Energy (DOE) ,
Endangered Species Act (ESA) ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Fossil Fuel ,
Infrastructure ,
Investment Tax Credits ,
Liquid Natural Gas ,
Mineral Exploration ,
NEPA ,
Oil & Gas ,
Regulatory Reform
On January 3, 2025, the IRS and Treasury issued long-awaited final regulations (the “45V Final Regulations”) implementing the clean hydrogen production tax credit (the “45V Credit”) under Section 45V of the Internal Revenue...more
1/14/2025
/ Carbon Capture and Sequestration ,
Clean Energy ,
Department of Energy (DOE) ,
Energy Projects ,
Energy Sector ,
Final Rules ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Internal Revenue Code (IRC) ,
IRS ,
Production Tax Credit ,
Regulatory Agenda ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury
Since the enactment of the Inflation Reduction Act of 2022 (the “IRA”) in the United States, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) have issued notices of proposed regulations...more
3/13/2024
/ Administrative Procedure Act ,
Congressional Review Act ,
Department of Energy (DOE) ,
Department of Labor (DOL) ,
GAO ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
Members of Congress ,
Notice of Proposed Rulemaking (NOPR) ,
OIRA ,
OMB ,
Policies and Procedures ,
Production Tax Credit ,
Public Comment ,
Rulemaking Process ,
SCOTUS
The trajectory of the hydrogen sector in the United States hinges on a critical question: what criteria will be used to define the term “clean hydrogen” for tax purposes?
As previously outlined in our Field Guide to Clean...more
1/11/2024
/ Clean Air Act ,
Department of Energy (DOE) ,
Environmental Protection Agency (EPA) ,
EU ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
New Guidance ,
Popular ,
Production Tax Credit
Section 40B of the Internal Revenue Code of 1986 (the “Code”) enacted by the Inflation Reduction Act of 2022 (the “IRA”) provides credits for each gallon of sustainable aviation fuel (“SAF”) sold or used by a taxpayer before...more
12/27/2023
/ Aviation Industry ,
Carbon Offset and Reduction Scheme for International Aviation (CORSIA) ,
Clean Air Act ,
Department of Energy (DOE) ,
Environmental Protection Agency (EPA) ,
Fuel Standards ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
IRS ,
New Guidance ,
Renewable Fuel Standard ,
Sustainability ,
U.S. Treasury
Hydrogen is a key ingredient in any country’s future energy plans. In the United States, the hydrogen sector is on the launch pad, ready for lift-off. However, its trajectory hinges on a critical question: what criteria...more
7/31/2023
/ Biden Administration ,
Carbon Emissions ,
Clean Energy ,
Department of Energy (DOE) ,
Energy Projects ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
EU ,
Greenwashing ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
IRS ,
Renewable Energy ,
Tax Code ,
Tax Credits
The United States recently took another important step in implementing a comprehensive strategy to advance the production, processing, delivery, storage, and use of clean hydrogen. On June 5, 2023, the Biden-Harris...more
6/12/2023
/ Carbon Capture and Sequestration ,
Carbon Emissions ,
Clean Energy ,
Department of Energy (DOE) ,
Energy Projects ,
Energy Sector ,
Hydrogen Power ,
Inflation Reduction Act (IRA) ,
Popular ,
Renewable Energy ,
Tax Credits
On May 31, 2023, the IRS released Notice 2023-44 (the “Notice”) providing additional guidance on the advanced energy project tax credit (Section 48C), effectively reintroduced by the Inflation Reduction Act of 2022 (“IRA”). ...more
The Inflation Reduction Act of 2022 (the Act) included multiple tax benefits for hydrogen production, storage and utilization, summarized in the following King & Spalding Client Alert. Many of these provisions became...more
2/23/2023
/ Apprenticeships ,
Davis-Bacon Act ,
Department of Energy (DOE) ,
Department of Labor (DOL) ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
Prevailing Wages ,
Production Tax Credit ,
Solar Energy ,
Wind Power
The Inflation Reduction Act of 2022, passed by the Senate on August 7, 2022, includes a number of provisions projected to result in significant investments in domestic energy production and manufacturing, and reduce carbon...more
8/11/2022
/ Biden Administration ,
Carbon Capture and Sequestration ,
Carbon Emissions ,
Department of Energy (DOE) ,
Department of Labor (DOL) ,
Energy Sector ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Hydrogen Power ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
IRS ,
Popular ,
Price Inflation ,
Production Tax Credit ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury