A landmark case in United States administrative law has been overturned by the United States Supreme Court and it could have cascading, long term effects on energy regulation....more
Over the past few weeks, Thomas Allen, Kurtis Anderson, Mark J. Riedy, and Stephen Anstey have released four Legal Alerts on tariffs and threatened tariffs on the solar industry in Southeast Asia and generally imports from...more
6/5/2024
/ Biden Administration ,
China ,
Critical Infrastructure Sectors ,
Imports ,
Section 301 ,
Semiconductors ,
Solar Energy ,
Solar Panels ,
Supply Chain ,
Tariffs ,
Trade Relations ,
US Trade Policies ,
USTR
There has been a flurry of activity in U.S. trade policy over the past several weeks that will impact a variety of goods imported into the U.S., including solar panel modules, EVs, and batteries. Kilpatrick attorneys have...more
On May 14, 2024, the U.S. Trade Representative (USTR) completed a statutory review of tariffs imposed on China for purported unfair “technology transfer” policies that “burden or restrict U.S. commerce” and recommended...more
Pound-for-pound, Tribes have the potential to be among the United States’ most prolific clean energy developers. Tribal lands, which compose approximately 5.8% of the total land area in the contiguous United States, have the...more
The United States Department of Energy (DOE), through the Regional Clean Hydrogen Hubs (H2Hubs) Program, is providing $6-7 billion in grant funding to support the development of six to ten H2Hubs across the United States...more
The U.S. Department of Energy’s (DOE) Grid Deployment Office (GDO), in collaboration with the Office of Clean Energy Demonstrations (OCED), released a Request for Information (RFI) for the $10.5 billion Grid Resilience and...more
On July 27, 2022, Senator Manchin (D-WV) and Senator Schumer (D-NY) announced new draft reconciliation legislation, the Inflation Reduction Act of 2022 (IRA). The IRA would provide $433 billion in total investments, with $369...more
On June 6, 2022, President Biden took executive action to pause antidumping and countervailing import duties on solar cells and modules from countries currently the subject of a circumvention inquiry (Inquiry) by the...more
On April 1, 2022, the International Trade Administration (“ITA”) of the U.S. Department of Commerce (“Commerce”) published notice of a circumvention inquiry (“Inquiry”) that could materially increase the cost of certain solar...more
On December 19, 2019, the Treasury Department released the final regulations implementing the opportunity zone provisions of the Tax Cuts and Jobs Act. These regulations clarified and expanded proposed regulations issued...more
On December 22, 2017, President Donald Trump signed into law the Tax Cuts and Jobs Act (the “Act”), which contained a potentially lucrative tax incentive program (the “Opportunity Zone Program”) to encourage long-term...more
11/28/2018
/ Capital Gains ,
Community Development ,
Economic Development ,
Investment Funds ,
Low-Income Issues ,
Opportunity Zones ,
Proposed Regulation ,
Qualified Opportunity Funds ,
Real Estate Development ,
Real Estate Investments ,
Tax Cuts and Jobs Act ,
Tax Deferral ,
Tax Planning
At present, the bioeconomy continues to attract debt and equity interest. VCs, Private Equity Groups and Strategic Partners are providing equity at the technology holding company level in the form of private placements to...more
On November 30, 2016, the Federal Energy Regulatory Commission (FERC) published a proposed rule in the Federal Register that would allow energy storage and distributed energy resource aggregations to participate in organized...more
The Loan Program Office (LPO) of the U.S. Department of Energy (DOE) recently published an important update to the Loan Guarantee Solicitation for Applications for Renewable Energy and Energy Efficiency Projects (the...more
The Loan Program Office (“LPO”) of the U.S. Department of Energy (“DOE”) recently introduced a number of important updates to the Loan Guarantee Solicitation for Applications for Renewable Energy and Energy Efficiency...more
On May 6, 2016 the Office of Energy Efficiency and Renewable Energy (“EERE”) of the U.S. Department of Energy (“DOE”) issued a funding opportunity announcement (“FOA”) of $90,000,000 in financial assistance for projects...more
On March 3, 2016 the Supreme Court denied an application by Michigan Attorney General Bill Schuette and several other states for a stay of the Environmental Protection Agency’s Mercury and Air Toxics Standards (“MATS”) – a...more
On January 25, 2016, the Supreme Court issued a landmark decision (“Decision”) -- reversing the D.C. Circuit’s vacatur of Federal Energy Regulatory Commission (“FERC”) Order 745, which provides crucial market incentives for...more
2/24/2016
/ Administrative Procedure Act ,
Electricity ,
Energy Market ,
Energy Sector ,
Energy Storage ,
Federal Power Act ,
FERC ,
FERC v Electric Power Supply Association ,
Reversal ,
RTO ,
SCOTUS ,
Vacated
On December 18, Congress passed and the President signed into law the “Consolidated Appropriations Act, 2016” and the “Protecting Americans from Tax Hikes (PATH) Act of 2015,” funding the government and providing a number of...more