Inflation Reduction Act
CAISO Proposes $9.2 Billion Transmission Plan, But Offshore Wind Transmission Projects Delayed
The California Independent System Operator’s (“CAISO”) draft 2022-2023 Transmission Plan (“Plan”) endorses $9.2 billion in transmission projects to accommodate the state’s projected 40 GW of new resources expected in the next ten years. Given California’s clean energy and decarbonization policies...
Treasury Department and IRS Release Guidance on the Energy Community Bonus Credit
The energy community bonus credit (the EC Bonus), which was introduced by the Inflation Reduction Act of 2022 (the IRA), provides a bonus credit for projects located in Energy Communities. The EC Bonus is available for projects that qualify for...
Treasury Department and IRS Release Initial Guidance on the New Low-Income Communities Bonus Credit Program
The low-income communities bonus credit (the LIC Bonus), which was introduced by the Inflation Reduction Act of 2022 (the IRA), provides an enhanced tax credit for renewable energy projects located in designated low-income communities. The LIC Bonus is available for...
Subrogation Shutdown: Texas Southern District Court Upholds Exercise of Bankruptcy Code Provisions to Strip Subrogation Rights Against Asset Purchaser
In a decision that once again evidences the Fifth Circuit’s strong stance on the finality of asset sales in bankruptcy absent a stay of the applicable order, on March 8, 2023 the United States District Court for the Southern District...
Offshore Wind Litigation: Court Dismisses Challenge to BOEM’s Process to Identify the New York Bight Lease Areas
The federal government’s offshore wind program notched another important victory on March 9, 2023, when the United States District Court for the District of Columbia dismissed a lawsuit seeking to overturn the New York Bight lease auction. The court found...
2023 AIEN Model Form JOA Placing ESG Issues at Heart of Oil & Gas Operations
On 16 February 2023, the Association of International Energy Negotiators (“ AIEN ”, formerly the Association of International Petroleum Negotiators or AIPN) published an updated version of its model form joint operating agreement (the “ JOA ”). The AIEN JOA...
Treasury Department and IRS Release Guidance on the Advanced Energy Project Credit Allocation Program Under Internal Revenue Code Section 48C(e)
On February 13, 2023, the Treasury Department and the Internal Revenue Service (the IRS) released Notice 2023-18 (the Notice), which established the program (the Allocation Program) to allocate $10 billion of advanced energy project credits (AEPCs) pursuant to section 48C(e)...
Storage Wars: Ownership of Subsurface Salt Cavern Storage Rights
Underground salt caverns are commonly used for the storage of liquids including liquefied hydrocarbons. These caverns are created by solution mining of salt from inside underground salt formations and could play a pivotal role in the growth and development of...
US Supreme Court: Highly Compensated Oilfield Workers Entitled to Overtime
In a closely watched case, 1 the United States Supreme Court held today that a tool pusher in the oil & gas industry, who was paid a day rate of at least $963.00 per day, was not exempt from the...
The New UAE Commercial Agencies Law
The longstanding UAE Commercial Agency Law (Federal Law No. 18 of 1981 Regulating Commercial Agencies, as amended) (the “ Current Law ”) is set to be replaced by the newly issued UAE Commercial Agency Law (Federal Law No. 3 of...
FTC Announces 2023 Increase in HSR Notification Thresholds and Effective Date for Increased Filing Fees
The Federal Trade Commission (FTC) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds, which will become effective on Monday, February 27, 2023. The revised thresholds will apply to any merger or acquisition closing on...
Nigeria’s Energy Sector: Looking Back at 2022 and Looking Ahead in 2023
We review the key events of 2022 in Nigeria’s energy sector – a year that saw significant steps in the implementation of PIA, intermittent M&A activity and the continuing effects of crude theft. We also consider what we can expect...
Department of Energy Seeks Public Input on Implementation of $760 Million Transmission Siting Grant Program
On January 13, 2023, the Department of Energy (“DOE”) launched its Transmission Siting and Economic Development (“TSED”) Grants program, which will provide $760 million in investment authorized by the Inflation Reduction Act (“IRA”) to support states and local communities in...
Treasury Department and IRS Release Guidance With Respect to the Sustainable Aviation Fuel Credit
On December 19, 2022, the Treasury Department and the IRS released Notice 2023-6 (the Notice), which provides guidance with respect to the credit for sustainable aviation fuel (SAF). The Inflation Reduction Act of 2022 (the IRA) enacted Section 40B of...
BOEM Proposes to Modify its Offshore Renewable Energy Regulations
On January 12, 2023, the U.S. Department of the Interior’s Bureau of Ocean Energy Management (“BOEM”) announced a proposed rule (the “Modernization Rule”) to modernize its regulations for renewable energy development on the U.S. Outer Continental Shelf (“OCS”). The announcement...