On May 16, 2024, the IRS released Notice 2024-41 (the “Notice”), modifying its preliminary guidance issued last May in Notice 2023-38 addressing the application of potential future rules that taxpayers must satisfy to qualify for the domestic content bonus tax credit amounts under the Inflation Reduction Act (IRA). The IRA amended §§ 45 and 48

On April 24, 2024, a coalition of domestic solar module manufacturers filed a petition for the imposition of antidumping and countervailing duties (AD/CVD Petition) with the U.S. Department of Commerce (DoC) and the International Trade Commission (ITC) on imported crystalline silicon PV cells and modules from Cambodia, Malaysia, Thailand and Vietnam. The AD/CVD Petition alleges

Recently, in United States v. Osage Wind, LLC, the Northern District of Oklahoma awarded permanent injunctive relief in favor of the Osage Nation and the United States against wind turbine farm developers in the form of ejectment of the wind farm for continuing trespass. A trial to assess the amount of monetary damages due

In early October, California’s governor signed into law Senate Bill 38, which amends Section 761.3 of the California Public Utilities Code to address safety concerns with the booming battery energy storage (BESS) industry in the state. The new law requires that every battery energy storage facility located in California establish an emergency response and

In December 2021, President Biden signed the UFLPA into law to restrict the import of goods mined, produced, or manufactured, in whole or in part, using forced labor from the Xinjiang Uygur Autonomous Region (XUAR), which we discussed here. A key feature of the law was its focus on polysilicon imports as a high-priority

The Texas Supreme Court recently provided new guidance in interpreting force majeure language in an oil and gas drilling dispute. In Point Energy Partners Permian, LLC v. MRC Permian Company, the court held that the oil and gas lessee’s scheduling error linked to a well collapse 60 miles from the lease site at issue

In Texas, many master service agreements (MSAs) related to the oil and gas industry typically contain provisions related to mandatory minimum insurance coverage and indemnity obligations. The Texas Supreme Court recently held the terms of an MSA may not be read into an insurance policy unless there is a “clear-manifestation” in the insurance policy the

Earlier this week we saw the court in Patriot Construction use the waiver doctrine to excuse a subcontractor’s failure to strictly comply with the documentation requirements of the contract.  As a litigant in Illinois federal court found out last week, it doesn’t always work out that way. Boldt v. Black & Veatch involves the 60-turbine

Uyghur Forced Labor Prevention Act: What It Means for the Solar Supply ChainOn December 23, 2021, President Biden signed into law H.R. 6256, known as the Uyghur Forced Labor Prevention Act. The act is intended to stem the importation of goods made with forced labor from the Xinjiang Uyghur Autonomous Region of the People’s Republic of China (the “Xinjiang Region”) into the United States. The act

Willful Misconduct Defined, How Broad Is That Exception to Your MSA?In Texas, most Master Service Agreements related to the oil and gas industry provide indemnities based on who or what was injured rather than who caused the injury. For example, the standard knock-for-knock indemnity will provide that an operator will defend and indemnify the contractor for injury to the operator’s employees even if the injury