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Inflation Reduction Act
Is the Opportunity Now a Reality? IRS and Treasury Release Second Tranche of Opportunity Zone Regulations
After months of waiting, the IRS and the Treasury Department have released a second set of proposed regulations (the “ Second Tranche ”) relating to the opportunity zone provisions enacted as part of the Tax Cuts and Jobs Act of...
New Requirements for Deducting Payments to Governmental Entities
Section 162(f) of the Internal Revenue Code of 1986 (the Code), as amended by the Tax Cuts and Jobs Act (the TCJA), limits the federal income tax deductibility of certain payments made to a government or governmental entity, including certain...
Growing Complexity of ECA Financing
Project sponsors seeking to develop large-scale infrastructure projects have faced a variety of challenges over the last decade. Project sponsors have long sought to combine financial products from a diverse pool of private and public sector creditors; over the years...
The Crypto Paradox: Code is Law and Consensus Rules
As the world contemplates the future of cryptocurrencies and smart contracts – including whether and how to invest in them, to transact using them, and to regulate them – it will be important to recognize the significant implications of two...
Recent Executive Order Extends Beyond Section 401 Water Quality Certifications
The Executive Order (EO) “ Promoting Energy Infrastructure and Economic Growth ,” issued by the White House on April 10, 2019 has primarily been heralded as an effort to prevent states from blocking pipelines under their Clean Water Act Section...
Executive Order Impact on 401 Water Quality Certification Appears Limited
President Trump recently issued two much anticipated Executive Orders aimed to streamline the permitting of U.S. energy infrastructure. One Executive Order (EO) focuses primarily on Clean Water Act (CWA) state issued water quality certifications and associated EPA guidance and regulations...
A Practical Guide for Multistate Employers on Managing the Growing Patchwork of Marijuana Laws
Many employers, especially those operating in a number of different states, are troubled with how to effectively cope with new and widely varying state marijuana laws. Not only are the state laws that authorize medical or recreational marijuana use proliferating...
New Executive Order Attempts to Streamline Presidential Permits
The White House issued a new Executive Order (EO) on April 10, 2019 intended to ‘revise the process for the development and issuance of Presidential Permits’ for certain cross border energy infrastructure. The EO limits the opportunity and timeframe for...
Distribution Pipelines and Increased Penalties Feature in Senate Pipeline Safety Bill
In advance of a Senate Commerce Committee Hearing on reauthorization of the Pipeline Safety Act , Senators Markey, Warren, and Blumenthal announced legislation to address distribution pipelines and risks associated with the September 2018 Merrimack Valley incident. The Leonel Rondon...
Congress Turns its Attention to Pipeline Safety Act Reauthorization
The first Congressional Hearing on Pipeline Safety Act Reauthorization for 2019 was held this week before the House Transportation and Infrastructure Committee. The Hearing did not have as much drama as last summer’s Hearing before the same Committee, where PHMSA...
Best Practices for Agency Communications
Environmental professionals and attorneys are in constant contact with state and federal regulators, in a variety of contexts – regulatory advocacy, permitting, responding to investigations, and enforcement defense. Join representatives of Bracewell’s Environmental Strategies and Policy Resolution Groups for a...
Lorenzo v. Securities and Exchange Commission: "Maker" or "Messenger"? It Doesn't Matter
On March 27, 2019, the Supreme Court of the United States issued its decision in Lorenzo v. Securities and Exchange Commission , 587 U.S. ___ (2019) curtailing any meaningful distinction between liability of a statement maker and a statement’s messenger...
Oil & Gas Deal-Doing in Mexico: Current Trends & Future Prospects
Manuel Vera, Jeffery B. Vaden, Darren Spalding and Adam Blythe of Bracewell, and Manuel Cervantes of MCM Abogados discuss deal trends in Mexico and the future of the oil and gas market...
Closing the Side Door – The Imperative of the College Admission Scandal
On March 12, 2019, the Justice Department unveiled its indictment and charges of 50 individuals involved in one of the most sweeping admissions scandals to hit higher education. Eight universities have been implicated in the initial charges, with the Government...
FERC Issues Transmission Notices of Inquiry Focused on Return on Equity and Transmission Incentives
On Thursday, March 21, 2019, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued two Notices of Inquiry (“NOIs”). One NOI focuses on FERC’s approach to determining the Return on Equity (“ROE”) for FERC jurisdictional electric transmission and cost-based wholesale...