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Commerce Department Launches Section 232 Tariff Investigation on Wind Turbines

The U.S. Department of Commerce initiated an investigation into how wind turbines and related components may impact U.S. national security on Aug. 13, 2025, according to an Aug. 21, 2025, notice sent to the Federal Register....more

IRS Notice 2025-42 Leaves Beginning of Construction Guidance for Wind and Solar Mostly Unchanged, But Limits 5% Safe Harbor to...

On Aug. 15, 2025, the U.S. Internal Revenue Service issued Notice 2025-42 addressing the beginning of construction for wind and solar facilities under Section 45Y and 48E of the Internal Revenue Code of 1986, as amended. The...more

IRS Issues New Safe Harbor for 10% Domestic Content Bonus

On May 17, 2024, the IRS released Notice 2024-41, which provides new safe harbors for determining certain energy projects’ qualification for the 10% domestic content bonus under the production tax credit (PTC) and investment...more

First Court of Appeals Dismisses Winter Uri Claims Against Wholesale Power Generators

In February 2021, Winter Storm Uri hit Texas, causing a sharp spike in electricity demand that could not be satisfied by available generation resources, resulting in statewide blackouts. Commercial and industrial as well as...more

IRS Refreshes and Codifies Energy Property Tax Credit Guidance in Proposed Section 48 Regulations

On Nov. 17, 2023, the IRS and Treasury Department released a series of proposed regulations for the Section 48 investment tax credit (ITC) that the energy market has anticipated for nearly a decade. These proposed rules...more

30-Day Initial Application Window for Low-Income Communities Bonus Credit Fast Approaching

On Oct. 19, 2023, the Department of Energy began accepting applications for all categories of the Low-Income Communities Bonus Credit Program for small-scale wind and solar projects....more

Winter Storm Uri Power Dispute Reaches the Supreme Court of Texas

On Sept. 29, 2023, the Supreme Court of Texas announced it will review a lower court’s reversal of two winter storm Uri orders by the Public Utility Commission of Texas (PUCT), which date back to 2021. During the historic...more

Opening Soon — Application for Section 48C Advanced Energy Project Investment Tax Credit

The application process for the first round of funding for the Section 48C credit will open May 31, 2023. The IRS will issue additional guidance on the program before the application process opens but the application window...more

IRS Issues Guidance for Energy Community Bonus Tax Credits – Notice 2023-29

The Inflation Reduction Act of 2022 (IRA) created several new tax incentives to encourage the development of clean energy projects that would benefit specific communities. Among these incentives, Congress included a tax...more

Energy Credits — Treasury, IRS Promise Direct Pay and Transferability Registry and Guidance

Direct pay and transferability for energy tax credits have been available since Jan. 1, 2023, but credit transactions using these provisions have been slow to materialize due to lack of Treasury or IRS guidance. On March 22,...more

PUCT Winter Storm Uri Orders Reversed and Remanded by Texas Court of Appeals

On March 17, 2023, the Texas Court of Appeals for the Third District issued an opinion reversing two winter storm Uri orders by the Public Utility Commission of Texas (PUCT) that had raised power prices in ERCOT to...more

IRS Issues Guidance for Energy Tax Credits in Low-Income Communities – Notice 2023-17

The Inflation Reduction Act of 2022 (IRA) created several new tax incentives to encourage developing clean energy projects that would benefit underserved communities and individuals. Among these incentives, Congress included...more

Inflation Reduction Act Creates New Tax Credit Opportunities for Energy Storage Projects

On Aug. 16, 2022, President Joe Biden signed into law the Inflation Reduction Act of 2022 (IRA), which includes new and revised tax incentives for clean energy projects. This alert provides a summary of the IRA’s impact on...more

IRS Further Extends Continuity Safe Harbor for 2016 and Later Renewable Energy Projects

On June 29, 2021, the IRS issued Notice 2021-41, providing taxpayers additional relief for purposes of satisfying the beginning-of-construction requirement for qualifying production tax credit (PTC) and investment tax credit...more

Biden Proposes American Jobs Plan: Renewable Energy Initiatives

On March 31, 2021, President Biden released a fact sheet on his proposed $2.3 trillion initiative known as the American Jobs Plan. The plan includes spending to upgrade the electric grid and promote renewable energy....more

Texas in Crisis: Energy Industry Braces for Perfect Storm

Texas continues to brace itself for another winter storm after already being debilitated by ice, snow and cold. Snow blankets the roads making visibility difficult, and thousands of flights in and out of the state have been...more

Continuity Safe Harbor Extended for Offshore Wind, Renewable Energy Projects on Federal Land

The IRS recently issued Notice 2021-05, which extends the continuity safe harbor to 10 years for offshore wind projects and renewable energy projects constructed on federal land. Under prior IRS guidance, most renewable...more

Wind PTC and Solar ITC Gain COVID-19 Construction Relief From IRS

On May 27, 2020, the Internal Revenue Service issued Notice 2020-41, providing taxpayers with relief for purposes of satisfying the beginning-of-construction requirement for qualifying production tax credit (PTC) and...more

Wind PTCs Get One-Year Extension, Other Tax Extenders Signed Into Law

On Dec. 20, 2019, President Trump signed into law the Further Consolidated Appropriations Act of 2020, which extended or renewed certain expired or expiring tax credits and other tax incentives. Of importance in this act is a...more

Lawmakers to Vote on Tax Extenders Package: One-Year PTC Extension for Wind? Resurrected PTCs for Orphaned Tech?

On Dec. 17, 2019, the U.S. House of Representatives reached an agreement on a year-end tax package, which would extend or renew certain expired or expiring tax credits and other tax incentives. Some tax credits that had...more

Beginning Construction Continuity Safe Harbor Extended for National Security Concerns

Earlier this month, the Internal Revenue Service issued Notice 2019-43, which modifies guidance provided in prior Notices 2013-29, 2013-60, 2014-46, 2015-25, 2016-31, 2017-04 and 2018-59 to provide that the continuity safe...more

New Opportunities Follow Expansion of Section 45Q Carbon Sequestration Credits

The recent enactment of the Bipartisan Budget Act of 2018 extended and significantly expanded the existing tax credit for carbon sequestration under Section 45Q of the Internal Revenue Code. Although the Section 45Q credit...more

IRS Provides Solar ITC Guidance on the Begin-Construction Requirement

On June 22, the IRS issued Notice 2018-59, providing guidance to determine when construction has begun on energy facilities, for purposes of the Section 48 investment tax credit. The long-awaited guidance follows changes...more

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