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Managing Performance Risk in Battery Energy Storage Projects

Battery energy storage projects present performance considerations that differ materially from those associated with conventional electric power generation. Operating limitations, degradation profiles, and cycling constraints...more

IRS Releases Guidance on Use of Foreign Equipment in Clean Energy Projects

On February 12, the IRS issued Notice 2026-15 containing long-awaited interim guidance on how to determine whether a clean energy power project or energy storage facility incorporates too much equipment from entities tied to...more

Structuring Battery Energy Storage Agreements

As battery energy storage deployment accelerates, project participants are increasingly relying on a limited set of commercial and contractual structures to define how storage capacity is procured, how operational control is...more

Battery Energy Storage Supply Service Agreements: Contractual and Regulatory Considerations

Battery energy storage has become a critical component of the U.S. electric power sector, supporting reliability, enabling renewable integration, and responding to growing load demands. As deployment accelerates, battery...more

New China-Related Prohibitions Already Impacting Clean Energy Markets

New restrictions in the One Big Beautiful Bill Act (OBBBA) limiting Chinese involvement in U.S. clean energy projects qualifying for tax credits have the industry scrambling to safe harbor their projects before the bulk of...more

IRS Makes It More Difficult for Solar and Wind Facilities to Qualify for Federal Tax Credits

The IRS has made it harder for solar and wind projects to satisfy the beginning of construction rules for purposes of qualifying for federal tax credits....more

Watt's Next? A Strategic Opportunity for Data Center and Energy Infrastructure Development

On July 23, 2025, the White House issued Executive Order No. 14318 aimed at accelerating the buildout of artificial intelligence (AI) data centers and critical power infrastructure needed to support AI data centers. The Order...more

Trump Executive Order Introduces Further Uncertainty for Wind and Solar Projects

Days after signing into law the One Big Beautiful Bill Act (OBBBA), which dramatically rolled back the availability of federal tax credits for solar and wind power projects, President Trump issued an Executive Order (EO)...more

"One Big Beautiful Bill" Passes House and Senate

Earlier today, the House passed President Trump's sweeping tax and spending legislation after overcoming resistance from some Republican members. A revised version of the legislation narrowly passed the Senate on July 1 in a...more

UPDATE: Senate Joins House in Targeting Solar and Wind—But Pushes Back on Storage, Geothermal, and Hydropower

On June 16, the Senate Finance Committee released its version of the tax provisions of the Reconciliation Bill. Like the House version (H.R. 1) passed on May 22, the Senate version targets solar and wind tax incentives for...more

UPDATE: House-Passed Reconciliation Bill Takes a Bigger Bite Out of Clean Energy Tax Incentives

By a 215-214 vote, the House on May 22, 2025, passed a massive tax bill that, among many other things, would severely curtail portions of the federal energy tax credit provisions of the Inflation Reduction Act of 2022 (IRA)....more

House Committee Blocks Tax Bill Containing Rollback of IRA Clean Energy Tax Incentives

The House Budget Committee, by a 21-16 vote on May 16, 2025, blocked a massive tax bill that would roll back portions of the federal energy tax credit provisions of the Inflation Reduction Act of 2022 (IRA). Budget Committee...more

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