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Expert Analysis

• Dropped FCPA Case Holds Key Reminder For Defense Attys

  

  The U.S. Department of Justice’s recent decision, based on newly discovered evidence, to drop Foreign Corrupt Practices Act charges against two defendants involved in a Haitian port development project underscores the need for defense counsel to hold the DOJ to its own policies and precedents in all types of criminal cases, say attorneys at Miller & Chevalier.

• How Inflation Reduction Act Will Lift Offshore Wind Projects

  

  The Inflation Reduction Act should promote the development of offshore wind energy in multiple ways — including by improving the planning and permitting process for transmission infrastructure, expanding potential lease areas and making beneficial changes to the tax credits available for renewable energy developers, say attorneys at Day Pitney.

• CORRECTED: New Tax Credits For Renewables Should Offer Investors Relief

  

  The Inflation Reduction Act's changes to tax credits for renewable energy projects should finally liberate tax equity investors from the restraints of the complex and onerous federal anti-abuse regime, says Kay Hobart at Parker Poe. Correction: Because of an editing error, a previous version of this article incorrectly characterized tax enforcement regimes in North Carolina and other states. This error has been corrected.

• Inflation Reduction Act A Boon To Hydrogen, Carbon Capture

  

  The Inflation Reduction Act's tax credits and direct payments, extension of existing renewable electricity subsidies, and other benefits will accelerate hydrogen and carbon capture projects across the U.S. — and will likely draw capital into the country that would otherwise have gone to projects elsewhere, say attorneys at Shearman.

• Public-Private Partnerships Can Enable Infrastructure Repairs

  

  As governmental entities at all levels continue to face intense financial pressures to fund operations, programs and benefit plans, public-private partnerships are a nonconventional funding method that may help address aging infrastructure, say Peter Hutcheon and John Lushis at Norris McLaughlin.

• New Constitution In Chile Would Affect Infrastructure Projects

  

  If Chile's new draft constitution is approved in next week's referendum, it will significantly alter the state's role in the economy — so investors in infrastructure projects must prepare for the possibility of heighted environmental protections and more state control of natural resources, say Craig Miles and Vanessa Alarcon Duvanel at King & Spalding.

• Pre-Permit Best Practices For Texas Solar Farm Proposals

  Excerpt from Practical Guidance

  

  When entering the pre-permit phase to construct and operate a solar farm in Texas, the developer's legal counsel should carefully establish definitions for key terms, including what constitutes an environmental permit, in order to ensure a smooth and flexible review process, says Larry Pechacek at V&E.

• New Mass. Law A Step Forward For Offshore Wind

  

  Recently enacted legislation in Massachusetts demonstrates the state's commitment not only to its renewable energy and greenhouse gas reduction goals, but specifically to supporting development of offshore wind projects — as well as development of transmission infrastructure to connect those projects to the grid, say attorneys at Day Pitney.

• HUD Chicago Finding Reflects Biden's Enviro Agenda

  

  A recent final finding issued by the U.S. Department of Housing and Urban Development regarding relocation of a Chicago recycling facility illustrates how leveraging nonenvironmental statutes to force change and address environmental justice issues can work in practice, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.

• 3 Trends To Watch In US Offshore Wind Development

  

  As the offshore wind industry continues to build momentum in the U.S. with billions of dollars in new infrastructure spending and offshore lease sales, developers should keep an eye on emerging solutions to grid connectivity, expansion into new potential lease areas and more, say attorneys at V&E.

• Inflation Reduction Act Loan Funds Will Aid Energy Innovation

  

  By providing an extra $70 billion to the U.S. Department of Energy's Loan Program Office, the Inflation Reduction Act has the potential to significantly increase financing for innovative energy production and storage projects — and to do so in a fiscally responsible manner, say attorneys at Kilpatrick.

• What 5th Circ. Bankruptcy Ruling Means For FERC Authority

  

  The Fifth Circuit’s recent ruling in Gulfport Energy v. Federal Energy Regulatory Commission begs the question as to whether FERC regulations sufficiently protect pipelines from the effects of customer bankruptcies, and highlights the conflict between the commission and bankruptcy courts, say Keturah Brown and Emily Mallen at Sidley.

• Justices Could Tighten Fraud Statute In Ex-Cuomo Aide Case

  

  The U.S. Supreme Court has an opportunity to overturn the conviction of an aide to former New York Gov. Andrew Cuomo in Percoco v. U.S., thereby restraining federal prosecutors' use of the honest services fraud statute and confining its application to cases of true public corruption, says Scott Coffina at Montgomery McCracken.