Law360 quoted partners Jim Tynion and Ken Nunnenkamp in an article about how the incoming Trump administration may seek to derail renewable energy projects, and the litigation risks such actions pose. Jim and Ken noted that tax credits under the Inflation Reduction Act (IRA) could become a target under the new administration.
“The IRA also contains other popular tax credits such as [Section] 45X, for advanced manufacturing facilities, and they may face scrutiny and possible revisions in any congressional amendment caused by concern that the owners of such new U.S. facilities actually benefit non-U.S. investors, such as China,” they said. “We expect those concerns to be carefully debated since the local benefits of the manufacturing facilities as well as the onshore wind, solar and battery storage projects create jobs and needed investment in many communities in so-called red states.”