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Inflation Reduction Act
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...
Co-location, Co-location, Co-location
UK grid constraints and delays to new grid connections are forcing sponsors to look at maximizing existing grid connections via BESS and renewables project co-location. Bracewell’s Ro Lazarovitch, Nicholas Neuberger and Sam Phillips outline the corporate structures being employed in co-located projects and their pros and cons to bankability.
New Protections for Pregnant and Nursing Workers in 2023
On December 29, 2022, President Biden signed into law the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), expanding federal protections for both pregnant and nursing workers. Pregnant Workers Fairness Act...
Congress Enacts Major Overhaul to HSR Filing Fees for M&A Deals
On December 29, 2022, President Biden signed into law The Consolidated Appropriations Act of 2023 (also known as The Omnibus Appropriations Bill), which includes the Merger Filing Fee Modernization Act. The Merger Filing Fee Modernization Act, which marks the most...
A Challenging Year for African M&A
The continent’s two biggest oil producing nations have made recent reforms to their upstream regulatory regimes, which have been long awaited and the changes largely well received.
FERC Proposes Reforms to Backstop Transmission Siting Authority, Implementing Changes Required by 2021 Bipartisan Infrastructure Bill
On Thursday, December 15, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing changes to FERC’s authority under section 216 of the Federal Power Act (“FPA”). Section 216 provides FERC with jurisdiction...
IRS and Treasury Department Release Initial Guidance for Labor Requirements Under Inflation Reduction Act
On November 30, 2022, the IRS and the Treasury Department published Notice 2022-61 (the Notice) in the Federal Register. The Notice provides guidance regarding the prevailing wage requirements (the Prevailing Wage Requirements) and the apprenticeship requirements (the Apprenticeship Requirements and...
Commerce Unveils Preliminary Findings of Solar Tariff Probe
On December 2, 2022, the U.S. Department of Commerce unveiled the highly anticipated, preliminary findings of its solar tariff anti-circumvention investigation. The Commerce Department found that four leading Chinese solar cell and solar module manufacturers (BYD Hong Kong, Canadian Solar...
PRG Pulse 2022 Post-Election Analysis
CONTENTS The Big Picture Congressional Overview White House Response Congressional Oversight The Key Issues Clean Energy & IRA Implementation Hydrogen Offshore Wind and Solar Carbon Capture & Storage Critical Minerals Oil & Gas Permitting Reform and Energy Infrastructure Energy...
Federal Contractor COVID-19 Vaccination Requirements: Are Changes Coming?
Just over a year ago, President Biden issued an Executive Order requiring federal agencies to amend all contracts to mandate compliance with Safer Federal Workforce Task Force (the “Task Force”) guidance. The Task Force then issued guidance (the “November 2021...
FINRA Facts and Trends: September 2022
Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month, we report on FINRA’s new Complex Investigations...
ICLG: UK Renewable Energy 2023
Bracewell’s Oliver Irwin, Robert Meade, Nicholas Neuberger and Kirsty Delaney authored the United Kingdom Q&A analysis chapter in the third edition of International Comparative Legal Guides – Renewable Energy 2023: Practical Cross-Border Insights into Renewable Energy Law.
East Coast Turns Focus to Offshore Wind Transmission
Many east coast states procuring offshore wind are now pivoting towards tackling the difficulties of interconnecting this significant resource. While some states, like New Jersey and New York, are working independently to address how to interconnect offshore wind projects efficiently...
Competing Considerations in Intercreditor Agreements for Project Finance, Mining Streams and Royalties
Bracewell’s Oliver Irwin and Darren Spalding co-authored the chapter “Competing Considerations in Intercreditor Agreements for Project Finance, Mining Streams and Royalties” in the 10th edition of International Comparative Legal Guide – Mining Law 2023: Practical Cross-Border Insights into Mining Law.