Category Archives: Tax

New DOJ Policy Regarding Individual Accountability for Corporate Wrongdoing

On September 9, 2015, the U.S. Department of Justice announced a new policy regarding individual accountability for corporate misconduct.  The policy, described in a memo authored by Deputy Attorney General Sally Yates, posits that “one of the most effective ways … Continue reading

Posted in Commodity Trading, DOJ, Energy Infrastructure, Enforcement and Investigations, Finance, Mining/Metals, Oil & Gas, Power, Regulation, Renewables, Tax

Energy Tax Provisions in the American Taxpayer Relief Act of 2012

On January 1, 2013, Congress passed the American Taxpayer Relief Act of 2012 (the “Act”), which averted the “fiscal cliff.” The Act contains several significant energy-related tax provisions.  read more

Posted in Oil & Gas, Power, Renewables, Tax

Implications of the D.C. Circuit Court Decision in EPA Cross-State Air Pollution Rule

The August 21, 2012 decision of the U.S. Court of Appeals for the D.C. Circuit to vacate EPA’s Cross-State Air Pollution Rule marks a material interpretation of EPA’s authority under the Clean Air Act – an “unsettling” departure from judicial … Continue reading

Posted in Distressed Energy, Emissions, EPA, Events, Regulation, Tax

Senator Stabenow’s Alternative Energy Tax Incentive Measure Fails to Pass Senate

By David S. Miller, Gregory K. Lawrence, Daniel J. Mulcahy, and Harley L. Raff On March 13, an amendment to the “Moving Ahead for Progress in the 21st Century Act” (which is also known as the “Surface Transportation Act”) that … Continue reading

Posted in Renewables, Tax

Investment in Alternative Energy After the End of Cash Grants

By David Miller and Daniel Mulcahy The cash grant program for renewable energy expires at the end of this year. When cash grants end, renewable energy projects will once again rely on “tax equity investors” to offer lower-cost financing in … Continue reading

Posted in Renewables, Tax

Tax Aspects of the “Gang of Six” Plan to Reduce the Deficit

On Tuesday, July 19, the “Gang of Six” senators who have been negotiating a bipartisan plan to reduce the budget deficit presented their proposal to a closed-door meeting of forty-nine senators. The plan was immediately praised by members of both … Continue reading

Posted in Tax

Energy Tax Provisions in the Obama Administration’s Fiscal Year 2012 Budget

On Monday, the Treasury Department released the Obama Administration’s Fiscal Year 2012 Revenue Proposals (the “Greenbook”), which includes several significant energy-related tax proposals. The proposals are all substantially similar to the energy-related tax proposals in last year’s Greenbook, except for … Continue reading

Posted in Renewables, Tax