Navigating energy market uncertainty in the United States: Taxes, tariffs, and environmental concerns

What’s happening

• Modifications to tax credits for renewable energy projects mean less government support.
• New tariffs on solar, wind, and battery components.
• Federal land permitting uncertainties.
• Energy regulatory obstacles and uncertainty – especially from Executive Orders.

Why

• Increasing energy demand.
• Energy security concerns – for companies and geopolitically for nations.
• President Trump’s quest for “energy dominance” replaces climate change as core policy driver.

Why it matters

• Tax, tariff, and permit risks delay financing and disrupt planning.
• Cost volatility leads to contract disputes over price and responsibility.
• Without protections, developers face unexpected expenses and reduced profitability.
• But, regulatory and economic pressures create new opportunities for developers and investors.

How we can help

• Evaluate energy market uncertainty and advise on potential impacts to regulatory landscape.
• Advise on strategies to mitigate tax, tariff, and permitting risks.
• Develop custom contract provisions such as price reopeners, automatic price adjustment provisions, and tailored provisions addressing federal permit delays.
• Represent clients in contract disputes over pricing and regulatory changes.

What we do

Energy sector

• Global energy team advising on energy solutions across the full energy spectrum, including power, renewables, oil, gas, LNG, nuclear generation, and mining and metals.
• Cross practice capabilities, including corporate and finance lawyers with decades of experience in the energy sector and regulatory lawyers with deep sector knowledge regarding environmental issues, utility regulation, nuclear regulation, transportation, and land use.

Regulatory capabilities

• Handle matters regulated by U.S. federal and local administrative agencies (including the Federal Energy Regulatory Commission and the Department of Energy) and their international counterparts.
• Advise on regulatory and policy developments and inform clients of key updates and impacts.

Litigation capabilities

• Global litigation team of experienced litigators in over 45 offices worldwide with cross-border litigation skills and deep industry knowledge.
• Manage litigation risks from regulatory and market changes.
• Assess and respond to emerging legal challenges.

Authored by Zach Seidel.