Inflation Reduction Act
Treasury and IRS Issue Proposed Regulations With Respect to Clean Hydrogen Credits Under Sections 45V and 48 of the Internal Revenue Code
On December 22, 2023, the Department of the Treasury and the Internal Revenue Service (IRS) released a notice of proposed rulemaking and notice of public hearing containing proposed regulations (Proposed Regulations) with respect to Internal Revenue Code of 1986, as...
DOJ and FTC Finalize New Merger Guidelines
On December 18, 2023, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued the final version of new merger review guidelines (Merger Guidelines), five months after the agencies published a draft for public comment. The new 2023...
Natural Resources: Renewable Energy
Bracewell’s Taylor Stuart , Joshua Robichaud and Catherine McCarthy recently contributed a chapter on renewable energy for the American Bar Association’s Recent Developments in Infrastructure and Regulated Industries 2023 . This chapter provides a high-level summary of notable developments in...
Navigating Compliance Trends With a Roadmap to a Corporate Culture of Integrity
The Department of Justice has published — and continues to update and emphasize — a set of practical guidelines on what it views as an effective compliance program and how it makes decisions about bringing charges and evaluating resolutions. Companies...
The Investment Tax Credit for Offshore Wind Projects: A Second Look at the Proposed Regulations Under Section 48
On November 22, 2023, the Internal Revenue Service and Treasury Department released proposed regulations (the Proposed Regulations) relating to the investment tax credit (the ITC) under Section 48 of the Internal Revenue Code of 1986, as amended (the Code). The...
Third Circuit Provides Guidance on Reviewability of Constructive Approvals Resulting From FERC Deadlocks in PJM Focused-MOPR Appeal
On December 1, 2023, the U.S. Court of Appeals for the Third Circuit held that outcomes by operation of law caused by deadlocks among the members of the Federal Energy Regulatory Commission (“FERC” or “Commission”) are judicially reviewable as final...
Crystal Ball Gazing – Are There Calmer Waters in the Offshore Wind Sector in 2024?
2023 seems to have been a perfect storm for the offshore wind industry around the globe. Between permitting delays and grid connection hurdles, inflation and supply chain challenges all have led to some developers wanting to renegotiate their previously agreed...
Offshore Petroleum Licensing Bill: Energy Security at the Forefront of the Government’s Legislative Agenda
On 7 November 2023, the Offshore Petroleum Licensing Bill (the Bill ) was announced as part of King Charles III’s “King’s Speech”, outlining the UK Government’s legislative agenda for the upcoming UK parliamentary session. If enacted, the Bill would require...
Rethinking Safeguards in Arbitration?
In The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm) the Commercial Court determined that arbitration awards against Nigeria had been obtained by fraud and were contrary to public policy. This decision is of...
Macedonian Gold Mines and Greek Bonds
Bracewell's Ro Lazarovitch and Bagya Nambron join Natalie Kedikoglou, general counsel at Hellas Gold, Frank Herbert, EVP and general counsel, and Paul Ferneyhough, SVP and chief strategy and commercial officer at Eldorado Gold Corporation, to discuss the project financing facility for the Skouries Mine in Northern Greece.
Personal Devices and Messaging Platforms in the Workplace: Tips, Tactics and Best Practices for In-House Counsel
Federal regulators have cracked down on the use of texts messages and messaging platforms for business communications, using their broad authority to root out record retention violations, resulting in significant fines and sanctions. In 2022 alone, the Securities and Exchange...
Offshore Wind Litigation: Court Denies Fishing Groups’ Challenge to Major Offshore Wind Project
Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is under construction off the coast...
New California Offshore Wind Legislation Addresses Procurement and Permitting
The offshore wind industry now has California’s answer to a pressing concern—how might the state procure this generation resource? California Governor Gavin Newsom recently signed a suite of bills that create a mechanism for the state to procure offshore wind...
Current Year IRS Priority Guidance Plan Highlights Energy Transition
On September 29, 2023, the Internal Revenue Service (IRS) and the Department of the Treasury (Treasury) released their 2023–2024 Priority Guidance Plan (the Plan). The Plan describes the various guidance priorities of the IRS and Treasury for the period from...
EEOC Releases Proposed Workplace Harassment Guidance – 25 Years in the Making
On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) released its long-awaited proposed guidance on workplace harassment. The last EEOC guidance on workplace harassment was issued in 1999. The public will have until November 1, 2023, to comment on...