Photo of Cacki Jewart

Cacki focuses on the renewable energy industry and has practiced real estate law for almost 20 years. In the renewable energy context, she leads teams in project development and project investment. Cacki has closed more than 8,000 MW worth of projects for sponsor/developers and more than 1,500 MW worth of projects for tax equity investors and lenders.

On April 30, 2024, the Department of the Treasury issued final regulations on tax credit transfers that allow hydrogen producers to sell tax credits earned under § 45V of the Inflation Reduction Act (IRA). Section 6418 of the Internal Revenue Code and the final regulation issued thereunder allow credit purchasers to use purchased credits to offset their tax liability. Credit sellers will be able to sell credits that they would not otherwise be able to use due to insufficient tax liability. Given such powerful incentives, many energy producers are wondering how to add “green” hydrogen (discussed below) to their portfolios by powering hydrogen facilities with wind turbines and solar panels. Here, we discuss what wind and solar producers should keep in mind as they plan, negotiate, and begin developing hydrogen plants powered by renewable energy, with a particular focus on site control.

Developers of renewable energy projects, many of which are built on agricultural land, should understand local laws and restrictions on foreign ownership and investment in these parcels.  Roughly half of US States have express limits on foreign investment in or purchase of privately held agricultural land. A large swath of the Midwest, plus states in the mid-Atlantic and Florida, among others, have some restrictions. Between January and June of 2023, fifteen states enacted restrictions on foreign ownership of land.

On Friday, May 1, 2020, President Trump issued a new Executive Order (the Bulk-Power Order) to prohibit transactions within the U.S. for the acquisition or installation of certain “bulk-power system electric equipment” which is sourced from foreign adversaries. In the Bulk-Power Order, President Trump expressed a determination that “the unrestricted foreign supply of bulk-power system