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REPAIR Act Redux and a New Presidential Memorandum—No End in Sight for NEPA Uncertainty

The National Environmental Policy Act has drawn congressional and presidential frustration for long over a decade and the regulations of the body it created—the Council on Environmental Quality—have often been caught in the...more

Treasury and IRS Issue Final Regulations Implementing Section 45V Clean Hydrogen Production Tax Credit

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

Texas, Utah and Small Modular Reactor ("SMR") Developer Launch Lawsuit Alleging "Unlawful" Regulatory Regime

Complaint filed United States District Court, Eastern District of Texas (Case No. 6:24-cv-00507) - KEY TAKEAWAYS - The States of Texas and Utah, together with private developer Last Energy, have sued to exempt certain...more

Field Guide to Clean Hydrogen

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

U.S. DOE Releases Report on Clean Hydrogen Strategy and Roadmap

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

IRS Publishes Guidance on Section 48C Advanced Energy Project Tax Credit

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

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