Carbon Capture and Storage (CCS) refers to the process of injecting carbon dioxide into deep rock formations known as “Class VI wells” as a long-term underground storage option to reduce carbon dioxide emissions into the atmosphere. The Environmental Protection Agency (EPA) is authorized by the Safe Drinking Water Act to develop federal requirements for underground
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Congress Reinvigorates Nuclear Energy Industry With Passage of ADVANCE Act
Congress passed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act (ADVANCE Act) in June 2024, which includes several provisions to encourage the development of nuclear energy infrastructure. President Biden is expected to sign the bill into law.
The bipartisan bill, which passed the Senate 88-2, aims to continue the country’s clean energy
Final Sale Notice Announced for Wind Lease Areas Off Delaware/Maryland and Virginia
After a lengthy process to identify potential offshore wind energy areas that originated in 2022, on June 28, 2024, the U.S. Department of the Interior announced the auction date for two offshore wind lease areas:
- Area offshore Delaware and Maryland – Lease Area A-2 consists of 101,443 acres and is approximately 26 nautical miles from
Producers May Subtract Gas Used to Power Post-Production Activities From “At-the-Well” Royalty Payments
In Carl v. Hilcorp Energy Co., the Texas Supreme Court—addressing certified questions from the Fifth Circuit—held that producers may subtract the volume of gas powering post-production activities from “at-the-well” royalty calculations as a post-production cost.
Hilcorp, an energy exploration and production company, held leases with the royalty holders, Anne Carl and related parties, that conveyed an
IRS Issues New Safe Harbor for 10% Domestic Content Bonus
On May 17, 2024, the IRS released Notice 2024-41, which provides new safe harbors for determining certain energy projects’ qualification for the 10% domestic content bonus under the production tax credit (PTC) and investment tax credit (ITC).
The new safe harbor allows taxpayers to determine a project’s domestic content percentage by relying on additive
Increased Tariffs Announced in Response to U.S. Trade Representative Review of Chinese Imports
On May 14, 2024, the Biden administration — following the conclusion of the U.S. trade representative’s statutory review of Section 301 tariffs imposed on Chinese-origin goods in 2018 — announced prospective increases to tariffs on a range of goods manufactured in China. The administration directed the USTR to increase tariffs on $18 billion of imports
U.S. Solar Manufacturers File New Antidumping and Countervailing Duty Petitions
In April 2024, the American Alliance for Solar Manufacturing Trade Committee (the Petitioner), a coalition representing leading U.S. solar manufacturers (Convalt Energy, First Solar, Meyer Burger, Mission Solar, Qcells, REC Silicon and Swift Solar), petitioned the U.S. Department of Commerce (DOC) and the U.S. International Trade Commission (ITC) to further combat the practice of “dumping”
Royalty Class Actions: The Rise of Class Certification and Defenses to Avoid It
The recent rise in royalty class action lawsuits brought by the plaintiffs’ bar, that generally coincides with the ebb in crude oil prices, is a growing risk for oil and gas companies. Class action certifications in royalty lawsuits were less common before the COVID-19 pandemic, but since 2019 there has been an uptick in royalty
McGuireWoods Releases Annual Update to One-of-a-Kind FERC Enforcement Reporter
Over the past year, there have been major Federal Energy Regulatory Commission developments as more cases moved from the agency to adjudication in the courts. McGuireWoods’ update to its innovative FERC Enforcement Reporter — led by lawyer Carrie Mobley — organizes energy enforcement cases from 2005 to present by topic and presents the information in an easy-to-use
McGuireWoods Oil & Gas Year in Review 2023
McGuireWoods’ multidisciplinary oil and gas sector team published legal insights for companies operating in the oil and gas industry. This “Oil & Gas Year in Review 2023” summarizes key developments and practice points over the past year, from pivotal court decisions to proactive guidance for corporate counsel, investors and project stakeholders.