Overview
Partners Hunter Johnston and Steve Dixon and associates Michelle Castaline and Nick Sutter co-authored an article titled “Proposed Hydrogen Tax Credit Regs May Be Legally Flawed,” published by Law360. The article looks at the recently proposed regulations for the new Section 45V clean hydrogen production tax credit that Congress enacted in the Inflation Reduction Act. Among other things, those proposed regulations impose additional requirements on hydrogen producers to source and track clean energy in order to take the tax credit.
Lauded by some in the environmental community and criticized by some potential hydrogen producers, it is unclear whether the proposed regulations are sufficiently grounded in the IRA, result from valid rulemaking processes, or pass muster under other administrative law principles.
