Sustainable Energy & Infrastructure

On November 3, 2022, the U.S. Department of the Treasury (Treasury) and Internal Revenue Service (IRS) released three Notices requesting public comments by December 3, 2022, on certain additional aspects of the clean energy tax incentives included in the Inflation Reduction Act of 2022 (IRA). Treasury and the IRS previously released six Notices, on October 5, 2022, requesting public comments by November 4 on certain other aspects of the energy tax incentives, which are described in our alert. The Treasury and the IRS will consider written comments submitted after December 3 if such consideration will not delay the issuance of guidance. 

On October, 5, 2022, the U.S. Department of Treasury and Internal Revenue Service published six Notices requesting public comments by November 4, 2022 on certain of the clean energy tax incentives included in the Inflation Reduction Act of 2022.  However, the IRS and Treasury will consider written comments received after November 4 that do not delay the relevant guidance.  Input from industry stakeholders is important to help inform next steps for the IRS and Treasury and shape how these clean energy tax incentives are accessed in practice.

On October, 5, 2022, the U.S. Department of Treasury and Internal Revenue Service published six Notices requesting public comments by November 4, 2022 on certain of the clean energy tax incentives included in the Inflation Reduction Act of 2022.  However, the IRS and Treasury will consider written comments received after November 4 that do not delay the relevant guidance.  Input from industry stakeholders is important to help inform next steps for the IRS and Treasury and shape how these clean energy tax incentives are accessed in practice.

Our November 2022 Energy & Sustainability Washington Update covers Treasury Department and IRS announcements seeking public input on climate and energy tax incentives in the Inflation Reduction Act (IRA), a roundtable discussion on clean power generation, a GSA and DOE request for information on achieving net-zero carbon buildings, and Bipartisan Infrastructure Law opportunities.

In this in-depth article, Mintz Projects & Infrastructure Practice Chair Ayaz Shaikh, along with Mintz Associates Areta Jez and Brad Alexander, survey the establishment and evolution of carbon markets and explain carbon credits, carbon offsets, and the difference between compulsory and voluntary carbon markets.

Read about a permanent injunction barring General Electric Co. from selling Haliade-X wind turbines that a jury found infringed a Siemens patent, except for turbines ordered by developers of ongoing projects.

This issue of Energy & Sustainability Connections includes features on recently announced clean hydrogen hub program funding, energy policy news from Washington, IP developments, litigation updates, a roundup of recent M&A activity, and a list of upcoming industry events.

Read about guidance or enforcement actions recently initiated by state attorneys general in connection with ESG ratings.

Read about the Biden-Harris administration’s announcement of $7 billion in funding to create regional clean hydrogen hubs (“H2Hubs”)

Learn about upcoming energy industry events, including Verge 2022: The Climate Tech Event.

Our October 2022 Energy & Sustainability Washington Update covers the ongoing rollout of IRA clean energy provisions, the status of the energy permitting bill, Bipartisan Infrastructure Law opportunities, and National Clean Energy Week.

Read about a Third Circuit ruling holding that climate change tort litigation brought by state and local authorities would proceed in state court and the SEC’s increased enforcement activities to combat “greenwashing.”

Read about recent M&A activity in the energy and sustainability space, including ABM Industries’ acquisition of RavenVolt, a provider of turn-key microgrid systems and solutions, for $450 million.

Learn about upcoming energy industry events, including NECA’s 2022 Fuels Conference.

Read about a motion filed by the state of New Jersey urging a federal judge in Massachusetts not to block General Electric–made wind turbines that a jury found to infringe a Siemens patent and an acid neutralization technology patent filed by Montauk Renewables.

Read about Quaise Energy, an energy company unlocking terawatt-scale geothermal energy by developing and utilizing millimeter-wave drilling systems, and the expansion of its Series A financing round from $40 million to $52 million.

In this webinar, Anne Levin-Nussbaum, a Member in our Energy & Sustainability and Tax Practices and her colleagues at ML Strategies discuss the energy tax provisions, review the Act’s new direct funding opportunities and offer insights regarding the implementation of such funding programs.

When President Biden’s signature Build Back Better Act faltered last year, many viewed the effort to be a failure. However, negotiations continued before Senate Majority Leader Chuck Schumer (D-NY) and Sen. Joe Manchin (D-WV) announced the package in late July. Nearly half of the $737 billion in revenue will be invested in clean energy and includes many direct funding opportunities in the form of grants, loans, and rebates focused on climate, energy, and energy efficiency. 

Read about the Inflation Reduction Act of 2022 enacted August 16, 2022, which extends and expands existing tax credits and adds several new energy tax credits to encourage the production of electricity using clean energy and the reduction of carbon emissions.