News & Analysis as of

Carbon Capture and Sequestration Tax Credits

Morgan Lewis

Treasury Department Releases Final Regulations Applicable to the Hydrogen Tax Credits

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On January 3, 2025, the US Department of the Treasury released final Treasury regulations applicable to the hydrogen production tax credit under Section 45V and the investment tax credit for hydrogen production facilities...more

Husch Blackwell LLP

Legal Perspectives On CO2-EOR and CCS

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In recent years, the importance of carbon capture technology has grown significantly as a means to combat climate change. With the emergence and advancement of geologic technologies, and their application in the energy...more

Orrick, Herrington & Sutcliffe LLP

Section 45V Clean Hydrogen Tax Credits: Final Regulations Released

The U.S. Department of the Treasury and Internal Revenue Service (IRS) have released final regulations or tax credits for the production of clean hydrogen under Section 45V of the Internal Revenue Code. The industry has...more

Bracewell LLP

Treasury Department and IRS Release Final Regulations for Section 45V Clean Hydrogen Production Tax Credit

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On January 3, 2025, the Treasury Department and the Internal Revenue Service issued final regulations under Internal Revenue Code (Code) Section 45V (the Final Regulations) with respect to credits for the production of clean...more

Vinson & Elkins LLP

Vinson & Elkins Sean Moran and Lauren Collins Discuss the Evolution of Tax Credits

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Vinson & Elkins' Sean Moran & Lauren Collins have witnessed the evolution of tax credits—from their early days in the late '80s to today’s booming energy transition. Watch as this dynamic duo explores how these credits have...more

King & Spalding

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

King & Spalding on

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

Pillsbury Winthrop Shaw Pittman LLP

Treasury and IRS Issue Final Regulations on the Credit for Production of Clean Hydrogen Under Section 45V of the Internal Revenue...

The final regulations retain the general framework of the proposed regulations, with some important modifications based upon comments from industry members. The acquisition and retirement of energy attribute certificates...more

Husch Blackwell LLP

Carbon Capture: Tax Impacts of Utilization & Storage

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One promising solution to climate change is Carbon Capture, Utilization and Storage (“CCUS”). CCUS involves capturing carbon oxides, primarily carbon dioxide (CO2), for permanent storage or potential utilization. Interest in...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Washington Update — January 2025

As we step into the new year, the energy and sustainability landscape continues to shape up. Building on our December analysis, this month we highlight congressional leadership assignments, new legislative initiatives, and...more

Akin Gump Strauss Hauer & Feld LLP

Energy Policy Priorities for the 119th Congress and Trump Administration

President-elect Trump has been outspoken about his intent to reverse many of the Biden administration’s clean energy legislative and regulatory actions. We expect that the second Trump administration will seek to repeal...more

Baker Botts L.L.P.

CFTC Approves Guidance on Voluntary Carbon Credit Derivative Listings

Baker Botts L.L.P. on

On September 20, 2024, in a 4-1 vote, the Commodity Futures Trading Commission (“CFTC” or “Commission”) approved final guidance for derivatives exchanges concerning the listing of voluntary carbon credit (“VCC”) derivative...more

Brownstein Hyatt Farber Schreck

Brownstein Sponsors the 2024 Rockies Petroleum Conference

Brownstein was privileged to sponsor this year’s Rockies Petroleum Conference, hosted by the Petroleum Association of Wyoming, in Laramie, Wyoming, on Aug. 21–23, 2024....more

K&L Gates LLP

Carbon Quarterly – Volume 9

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Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Holland & Knight LLP

IRS Releases Long-Awaited Section 45Q LCA Procedures

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The IRS on July 24, 2024, released Notice 2024-60, which provides Section 45Q guidance for utilization of carbon dioxide and other carbon oxides. The Notice addresses the information that must be included in the required life...more

Warner Norcross + Judd

Carbon Sequestration: What is it and How Will it Affect Me?

Warner Norcross + Judd on

You may have heard the terms “carbon capture,” “carbon sequestration” or “carbon credits” floating around lately and wondered what they mean. To be brief, carbon capture is the general term for the process of physically...more

Jones Day

The Climate Report | Second Quarter 2024

Jones Day on

REGULATORY ISSUES & UPDATES - Recent Evolution of the European Regulatory Framework on Greenwashing - Two new Directives adopted by the EU in 2024—the "Empowering Consumers Directive" and the "Green Claims...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Treasury, Internal Revenue Service Issue Final Regulations for Transfer of Energy Credits

On April 25, 2024, the U.S. Department of Treasury (Treasury) and the Internal Revenue Service (IRS) issued final regulations regarding the transfer of energy tax credits under the Inflation Reduction Act of 2022 (IRA)....more

Bennett Jones LLP

Government of Alberta Unveils Further Details Regarding the Alberta Carbon Capture Incentive Program

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On April 3, 2024, the Alberta Government released additional details on the Alberta Carbon Capture Incentive Program (ACCIP), which will support and accelerate the development of new carbon capture, utilization and storage...more

Foley Hoag LLP - Energy & Climate Counsel

What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business...

On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the...more

Paul Hastings LLP

Treasury and IRS Release Final Regulations on Direct Pay

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The Inflation Reduction Act of 2022 added Section 6417 to the Internal Revenue Code of 1986, as amended (the “Code”). Under this new section, certain taxpayers may make an elective payment, which will treat certain eligible...more

Foley & Lardner LLP

IRS Releases Final Direct Pay Regulations

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The Internal Revenue Service (“IRS”) and Department of the Treasury earlier this week released final regulations relating to direct cash payments for certain tax credits pursuant to Section 6417 of the Internal Revenue Code...more

Latham & Watkins LLP

EPA Grants Louisiana Class VI Primacy

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EPA’s transfer of primary enforcement authority to states for carbon capture and storage projects may decrease permitting delays but raise legal questions. Louisiana has become the third state in the United States to...more

Faegre Drinker Biddle & Reath LLP

IRS Releases Proposed Regulation to Section 45V of Internal Revenue Code

In connection with the Inflation Reduction Act (IRA), on December 22, 2023, the Internal Revenue Service (IRS) released a Proposed Regulation related to Section 45V of the Internal Revenue Code. The Proposed Regulation,...more

Holland & Knight LLP

Breaking Down the Section 45V Clean Hydrogen PTC Proposed Regulations

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The U.S. Department of the Treasury and the IRS on Dec. 22, 2023, released proposed regulations regarding the production tax credit (PTC) for hydrogen under Section 45V of the Internal Revenue Code, as enacted by the...more

Cozen O'Connor

IRS Proposes Helpful Rules for Energy Tax Credits

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On November 22, 2023, the Internal Revenue Service published proposed regulations concerning Sections 48, 6417, and 6418. These proposed rules would affect the conditions for claiming energy credits, the amount of energy...more

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