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BOSTON – Mintz advised NET Power, LLC, a clean energy technology company whose proprietary technology delivers clean, reliable and low-cost power from natural gas, in its planned business combination with Rice Acquisition Corp II (NYSE: RONI), a special purpose acquisition company (SPAC).
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In February 2020, the IRS issued Notice 2020-12, which provides long-awaited guidance on when a “qualified facility” or carbon capture equipment, in each case within the meaning of section 45Q, is considered to have “begun construction.” This question is of paramount significance because section 45Q allows a carbon capture credit for carbon oxide that is captured using carbon capture equipment that is originally placed in service at a qualified facility, and a qualified facility means an industrial or direct air capture facility, the construction of which began before January 1, 2024.
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In a May 21 letter to Treasury Secretary Steven Mnuchin, three Republican senators—Senator Lisa Murkowski (R-AK), Senator Susan M. Collins (R-ME), and Senator Thom Tillis (R-NC)—have requested that Treasury modify existing Internal Revenue Service (“IRS”) guidance on “start of construction” to provide production tax credit (“PTC”) and investment tax credit (“ITC”) relief to wind and solar projects affected by COVID-19 related disruptions.
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This issue includes a feature on New York’s offshore wind energy deal, a podcast discussion with Solstice co-founders Steph Speirs and Sandhya Murali, recent energy-related M&A activity, energy updates from Washington, and upcoming events.
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