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Expert Analysis

• Justices' Clean Water Act Queries Hint At Search For Balance

  

  While some predict that the U.S. Supreme Court's conservative majority will use Sackett v. U.S. Environmental Protection Agency to strike a blow against the Clean Water Act, the justices' scrutiny of simplistic industry assertions during oral argument offers hope that they may render a more nuanced verdict, says Sambhav Sankar at Earthjustice.

• San Diego Arena Provides Case Study Of Surplus Land Act

  

  A San Diego municipal sports arena property, which recently obtained approval from the California Department of Housing and Community Development, provides a valuable lesson regarding compliance with Surplus Land Act requirements, and the delays that can otherwise ensue, says Elinor Eizdi at Nossaman.

• EPA Guidance Signals Greater Enviro Justice Focus In Permits

  

  A list of frequently asked questions recently released by the U.S. Environmental Protection Agency emphasizes environmental justice and civil rights considerations in permitting for a wide range of commercial activities across many industries, and is likely to reverberate loudly in environmental permitting for years to come, say attorneys at King & Spalding.

• Unpacking The Inflation Reduction Act's Energy Tax Credits

  

  Provisions in the recently enacted Inflation Reduction Act that affect how taxpayers can monetize clean energy tax credits will change how clean energy projects are financed, but taxpayers that may not be allowed multiple credits need to determine which type of credit will be the most advantageous, say attorneys at BakerHostetler.

• How COVID Has Changed Project Development And Finance

  

  Two and a half years into the pandemic, some COVID-19-specific provisions are now common in the project development and finance markets, while others are still undergoing negotiation, say Nate Galer and Katy McNeil at Mayer Brown.

• Hydrogen Sector Needs More Regulatory Certainty

  

  While recent policy developments have raised hopes about hydrogen as a clean energy technology, unlocking hydrogen's full potential will require more clarity about how its large-scale production, transport and use will be regulated on a long-term basis, say attorneys at Troutman Pepper.

• Dropped FCPA Case Holds Key Reminder For Defense Attys

  

  The U.S. Department of Justice’s recent decision, based on newly discovered evidence, to drop Foreign Corrupt Practices Act charges against two defendants involved in a Haitian port development project underscores the need for defense counsel to hold the DOJ to its own policies and precedents in all types of criminal cases, say attorneys at Miller & Chevalier.

• How Inflation Reduction Act Will Lift Offshore Wind Projects

  

  The Inflation Reduction Act should promote the development of offshore wind energy in multiple ways — including by improving the planning and permitting process for transmission infrastructure, expanding potential lease areas and making beneficial changes to the tax credits available for renewable energy developers, say attorneys at Day Pitney.

• ABA Is Defending Profession's Values From Monied Influences

  

  A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

• CORRECTED: New Tax Credits For Renewables Should Offer Investors Relief

  

  The Inflation Reduction Act's changes to tax credits for renewable energy projects should finally liberate tax equity investors from the restraints of the complex and onerous federal anti-abuse regime, says Kay Hobart at Parker Poe. Correction: Because of an editing error, a previous version of this article incorrectly characterized tax enforcement regimes in North Carolina and other states. This error has been corrected.

• Inflation Reduction Act A Boon To Hydrogen, Carbon Capture

  

  The Inflation Reduction Act's tax credits and direct payments, extension of existing renewable electricity subsidies, and other benefits will accelerate hydrogen and carbon capture projects across the U.S. — and will likely draw capital into the country that would otherwise have gone to projects elsewhere, say attorneys at Shearman.

• Public-Private Partnerships Can Enable Infrastructure Repairs

  

  As governmental entities at all levels continue to face intense financial pressures to fund operations, programs and benefit plans, public-private partnerships are a nonconventional funding method that may help address aging infrastructure, say Peter Hutcheon and John Lushis at Norris McLaughlin.

• New Constitution In Chile Would Affect Infrastructure Projects

  

  If Chile's new draft constitution is approved in next week's referendum, it will significantly alter the state's role in the economy — so investors in infrastructure projects must prepare for the possibility of heighted environmental protections and more state control of natural resources, say Craig Miles and Vanessa Alarcon Duvanel at King & Spalding.