The dramatic increase in the use cases for data storage, artificial intelligence and cloud computing have resulted in an atmospheric level rise in the demand for data centers, and the question of providing sufficient power to support those data centers has become paramount. Simultaneously, there has been an increasing emphasis on utilizing green energy as
Renewable Energy & Clean Fuels
Renewable Energy and AI Data Centers
Although artificial intelligence (“AI”) dominated financial, technological, and even social conversations in 2024, less attention was paid to the reality that AI’s emergence entails substantial increases in energy demand, specifically electricity. Consider that a single ChatGPT query requires 2.9 watt-hours of electricity, compared to 0.3 watt-hours for a Google search, according to the International Energy…
State Restrictions on Foreign Land Investment: What Renewable Energy Developers and Financing Parties Should Know
Renewable energy developers and financing parties are likely aware of the Agricultural Foreign Investment Disclosure Act (“AFIDA”), a federal law requiring disclosure of foreign investment in agricultural land. Increasingly, U.S. states are imposing AFIDA-like disclosure requirements and restrictions on foreign land ownership, including with respect to renewable energy project sites. This trend is driven by…
Comparing IRA Section 48 to Section 48E Investment Tax Credits for Biogas Projects
As year’s end approaches and biogas developers turn from Section 48 investment tax credits (“ITCs”) under the Inflation Reduction Act of 2022 (the “Act”), which required projects to begin construction before December 31, 2024, for eligibility, to Section 48E ITCs, it is critical to understand the differences between how each Section addresses biogas projects. Under Section 48, the Act extended and expanded existing ITCs, adding “qualified biogas property” as property eligible for credits. However, projects that begin construction on or after January 1, 2025, will be subject to the technology-neutral Section 48E clean electricity ITCs, which may leave some biogas property ineligible for credits.
Corporate Transparency Act Considerations in Tax Equity Partnerships
Since Congress first introduced the Corporate Transparency Act (“CTA”) and the beneficial ownership information reporting framework in January 2021, much of the focus has been on the specific reporting requirements that now apply to both domestic and foreign reporting companies (including corporations, limited liability companies, and partnerships). However, the CTA also has far reaching implications for the renewable energy industry and the players involved in tax equity partnerships.
Investors and Regulators Demand Climate Disclosures, but Companies Should Beware of Greenwashing Claims
Pressure from consumers, investors, and regulators to provide climate, environmental, and sustainability disclosures is increasing, but it is important for companies to ensure such disclosures are accurate, verifiable, and not misleading to avoid claims of “greenwashing” – making false or unsupportable claims regarding how a company and its products are environmentally friendly or have a…
Negotiating Texas Wind Energy Leases: Do Landmen Need a License?
The Texas Attorney General recently issued Opinion KP-0467 (the “Opinion”) addressing “whether a person who negotiates a lease for property for the development of a wind power project on behalf of another, for compensation, must have a license from the Texas Real Estate Commission (“Commission”).”
Put simply, do Texas landmen need a Texas real estate license to negotiate wind leases?
The Inflation Reduction Act’s Brownfields Adder: Updates on What Sites Qualify
As detailed previously, the Inflation Reduction Act (IRA) offers incentives to renewable energy development that takes place on certain properties that are affected by potential or confirmed contamination. Under the IRA, a 10% adder is available to any investment tax credit (ITC) or production tax credit (PTC) generated by a renewable energy project constructed on a “brownfield site,” and there have been many questions since the IRA’s passage about what constitutes a brownfield site.
New Treasury Guidance Silent on Biomass Electricity Credits
On May 29, 2024, the U.S. Treasury Department and the Internal Revenue Service issued a notice of proposed rulemaking (“NPRM”) that includes guidance on two of the Inflation Reduction Act of 2022’s renewable electricity tax credits – but which notably failed to provide guidance with respect to the eligibility of clean electricity generated by biogas or renewable natural gas (“RNG”) for those credits, leaving RNG developers with lingering questions.
European Court: Climate Inaction Violates Human Rights
On April 9, 2024, the Grand Chamber of the European Court of Human Rights (the “Court) handed down its unappealable judgment in a landmark climate case. Although directed at the Swiss government, the judgment extends to all Council of Europe member states and obligates them to revise their climate policies.