Nearly two and a half years after the Inflation Reduction Act of 2022 (IRA) became law, developers and contractors continue to adjust to the new normal for renewable energy projects: compliance with prevailing wage and...more
With the inauguration of President Donald Trump and the Republican Party taking control of both houses of Congress, the renewable energy industry is faced with great uncertainty, including the potential for immediate impacts...more
1/31/2025
/ Clean Energy ,
Congressional Review Act ,
Executive Orders ,
Final Rules ,
Inflation Reduction Act (IRA) ,
IRS ,
Regulatory Agenda ,
Regulatory Freeze ,
Renewable Energy ,
Tax Credits ,
Trump Administration
On January 16, 2025, the IRS released Notice 2025-08, modifying its prior guidance issued as Notice 2023-38 and Notice 2024-41, for taxpayers seeking to qualify for the domestic content bonus tax credit amounts under the...more
1/22/2025
/ Clean Energy ,
Energy Projects ,
Energy Storage ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
IRS ,
Renewable Energy ,
Safe Harbors ,
Solar Energy ,
Tax Credits ,
Wind Power
As the second Trump administration begins next week, developers, contractors, subcontractors and suppliers are evaluating the extent of the construction industry’s international ties – and contractual exposure to potential...more
1/16/2025
/ Canada ,
China ,
Construction Contracts ,
Construction Industry ,
Contract Terms ,
Contractors ,
Customs and Border Protection ,
Goods or Services ,
Importers ,
Imports ,
Mexico ,
National Security ,
Risk Management ,
Supply Chain ,
Tariffs ,
Trade Policy ,
Trade Relations ,
Trump Administration
On November 22, 2024, the Department of Homeland Security (DHS) updated the Uyghur Forced Labor Prevention Act (UFLPA) Entity List to add 29 companies based out of the Peoples Republic of China bringing the total number of...more
The Solar Energy Industries Association (SEIA), a leading solar industry group, recently published a new supply chain traceability standard, Standard 101, for public comment. The standard is intended to provide “a rubric that...more
10/24/2024
/ Comment Period ,
Energy Sector ,
Imports ,
Manufacturers ,
Public Comment ,
Regulatory Standards ,
Renewable Energy ,
SEIA ,
Solar Energy ,
Supply Chain ,
Trade Restrictions ,
Transparency ,
Uyghur Forced Labor Prevention Act (UFLPA)
The renewable energy industry in the United States has entered a new era of (relative) policy predictability and unprecedented economic incentives. From a legal perspective, the only certainty in a renewable energy practice...more
9/11/2024
/ Clean Energy ,
Climate Change ,
Energy Sector ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Legislative Agendas ,
Presidential Elections ,
Regulatory Agenda ,
Renewable Energy ,
Sustainability ,
Tax Policy
Renewable energy project developers and contractors must be prepared to negotiate novel risks in a quickly changing global market. Technological innovations in renewable energy equipment and decreasing procurement and...more
9/9/2024
/ Compliance ,
Construction Project ,
Contractors ,
Energy Projects ,
Energy Sector ,
Energy Tax Incentives ,
Global Market ,
Inflation Reduction Act (IRA) ,
Innovative Technology ,
Regulatory Agenda ,
Regulatory Requirements ,
Renewable Energy ,
Risk Management ,
Technology Sector
On June 18, 2024, Treasury and the IRS released the final rule for compliance with the prevailing wage and apprenticeship requirements (PWA requirements) pursuant to the Inflation Reduction Act of 2022 (IRA). This final rule...more
6/20/2024
/ Apprenticeships ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Energy Sector ,
Final Rules ,
Inflation Reduction Act (IRA) ,
IRS ,
Notice of Proposed Rulemaking (NOPR) ,
Prevailing Wages ,
Regulatory Agenda ,
Regulatory Requirements ,
U.S. Treasury ,
Wage & Hour Division (WHD) ,
Wage and Hour
On May 16, 2024, the IRS released Notice 2024-41 (the “Notice”), modifying its preliminary guidance issued last May in Notice 2023-38 addressing the application of potential future rules that taxpayers must satisfy to qualify...more
On April 24, 2024, a coalition of domestic solar module manufacturers filed a petition for the imposition of antidumping and countervailing duties (AD/CVD Petition) with the U.S. Department of Commerce (DoC) and the...more
4/26/2024
/ Anti-Dumping Duty ,
Cambodia ,
Countervailing Duties ,
Exporters ,
Exports ,
Importers ,
Imports ,
International Trade Commission (ITC) ,
Investigations ,
Malaysia ,
Manufacturers ,
Thailand ,
U.S. Commerce Department ,
Vietnam
Payment of a prevailing wage to workers and employment of apprentices are key requirements for renewable energy developers to obtain the various tax incentives for their projects provided by the Inflation Reduction Act of...more
In December 2021, President Biden signed the UFLPA into law to restrict the import of goods mined, produced, or manufactured, in whole or in part, using forced labor from the Xinjiang Uygur Autonomous Region (XUAR), which we...more
Inflation Reduction Act -
Perhaps the most significant recent develop- ment in the area of alternative energy, the Infla- tion Reduction Act of 2022 (IRA) offers approxi- mately USD270 billion in tax incentives to help...more
8/22/2023
/ CFIUS ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Emerging Technologies ,
Energy Projects ,
Energy Sector ,
Inflation Reduction Act (IRA) ,
IRS ,
NEPA ,
NERC ,
Production Tax Credit ,
Sackett v EPA ,
SCOTUS ,
Supply Chain ,
Tax Credits
Renewable energy developers and contractors have been anticipating the Treasury Department and IRS’s initial guidance on what is required to satisfy the prevailing wage and apprentice requirements under the Inflation...more
12/15/2022
/ Apprenticeships ,
Construction Industry ,
Construction Project ,
Contractors ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Energy Projects ,
Energy Sector ,
Federal Contractors ,
Inflation Reduction Act (IRA) ,
IRS ,
Prevailing Wages ,
Renewable Energy Incentives ,
Tax Incentives ,
U.S. Treasury ,
Wage and Hour
As we begin 2022, the renewable energy industry in the United States has much for which to be thankful: A strong demand for clean power, increasing recognition of the need for an accelerated energy transition, and a thriving,...more
On August 16, 2022, President Biden signed into law H.R. 5376, referred to as the Inflation Reduction Act (IRA). The nearly $369 billion of new spending is intended to transform entire sectors of the American economy and...more
On December 23, 2021, President Biden signed into law H.R. 6256, known as the Uyghur Forced Labor Prevention Act. The act is intended to stem the importation of goods made with forced labor from the Xinjiang Uyghur Autonomous...more
12/28/2021
/ Biden Administration ,
China ,
Customs and Border Protection ,
Department of Labor (DOL) ,
Energy Sector ,
Forced Labor ,
International Trade ,
Office of Foreign Assets Control (OFAC) ,
Rebuttable Presumptions ,
Solar Energy ,
Supply Chain
Renewable energy is more popular than ever before. Regulators and ratepayers are demanding new or higher renewable portfolio standards, and investors are eager for opportunities with companies satisfying environmental, social...more
One of the challenges of renewable energy development is managing the permitting process. Understanding how to navigate state and local laws can be integral to a developer’s permitting success, especially where a community...more
On May 5, 2020, the Georgia Court of Appeals affirmed a trial court summary judgment ruling dismissing a residential contractor’s claims against an owner because the contractor was not properly licensed. In LFR Investments,...more
A recent opinion issued by a trial court in New York, Rad and D’Aprile, Inc. v. Arnell Construction Corp., demonstrates the risks of a general contractor’s failure to pursue a subcontractor’s claims pursuant to a...more
Technology and the critical infrastructure that support our personal pursuits and business operations are ripe targets for cyberattacks. In particular, the electrical grid that transmits electricity from its point of...more
1/16/2019
/ Big Data ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Electricity ,
Energy Sector ,
Hackers ,
Information Sharing ,
Popular ,
Power Grid ,
Power Plants ,
Renewable Energy ,
Risk Mitigation ,
Technology Sector ,
Utilities Sector ,
Vendors
Well-drafted, legally-enforceable agreements are key to any construction company’s risk management strategy. This is especially true for subcontracts, which serve as a contractor’s critical tool to coordinate a successful...more
11/2/2018
/ Breach of Contract ,
Change Orders ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Contract Disputes ,
Contract Terms ,
Contractors ,
Covenant of Good Faith and Fair Dealing ,
General Contractors ,
Leave to Amend ,
Motion to Dismiss ,
No Damage For Delay ,
Risk Management ,
Subcontractors ,
Unjust Enrichment
As the solar industry expands into new jurisdictions, developers and contractors seeking to break into a new market should carefully evaluate their risks and opportunities....more