Fusion energy, the same process that powers our sun and stars, is rapidly moving from scientific theory to commercial reality. In a fusion reaction, two light atoms—typically deuterium and tritium—combine to form a helium nucleus and a neutron, releasing an immense amount of energy. This energy, primarily in the form of heat, can be harnessed to generate electricity, offering a tantalizing promise: clean, limitless power for the world.
The Inflation Reduction Act of 2022 created the ability to transfer production tax credits (“PTC”) to an “eligible taxpayer” pursuant to Section 6418 of the Internal Revenue Code (“IRC”). However, exactly when an eligible taxpayer acquires a PTC is often not clear. Such uncertainty creates fertile ground for disputes, especially in bankruptcy.
Senior Counsel Coty Hopinks-Baul recently published “The Tide Turns: Recent Developments In Federal Regulation Of Discharges To WOTUS” in Rock Products, discussing the changes the Biden Administration is expected to make to the federal regulation of discharges to waters of the U.S. (WOTUS). The article provides a brief round-up on some of these actions and