The worldwide focus on carbon dioxide and greenhouse gases (GHG) is intensifying, and changes to their regulations and policies at nearly every level of government and business have the potential to broadly impact our lives and livelihoods. Our global, cross-practice team of lawyers has decades of experience in energy transition and renewables, carbon capture, storage and transportation, carbon trading, and commodity and derivatives regulation, and regularly works with entities engaged in the carbon market.
Whether viewed through the lens of decarbonization or carbon as a commodity asset, we see increasing efforts to manage and regulate carbon. Global efforts are underway to:
Transition the energy system and amplify the use of renewable energy.
Develop and deliver alternative no- and low-carbon fuels.
Regulate the emissions of GHG from industrial activities.
Establish markets where carbon credits are sold on a voluntary or mandatory basis.
Capture, transport, and sequester carbon dioxide in nature-based systems, in geological structures, or in commercial products.
Commoditize the value of sequestered carbon in transactable credits.
Standardize and verify the sequestration of carbon dioxide.
Develop liquid derivatives markets to allow for efficient hedging and exposure to voluntary carbon markets
We address many of these leading issues in our Carbon Quarterly publication.
Unlike other commodities, the commercial, regulatory, and policy frameworks for managing, regulating, and transacting carbon are still evolving. Through our fully integrated, global platform, we work seamlessly across practices and jurisdictions to provide tailored legal solutions in insurance coverage, intellectual property, tax, policy advocacy, environmental, corporate, commercial, regulatory enforcement, and dispute matters to help our clients harness opportunities, minimize risk, and achieve their ultimate goals and objectives.
This alert describes the persons who would be subject to the changes contained in Code Section 899, the consequences of being subject to this proposed new Code section, and some of the impacts this provision would have on certain cross-border transactions.
Retaliatory tax provisions contained in H.R. 1, the “One Big Beautiful Bill Act” that recently passed the US House of Representatives, if enacted, would drastically impact common cross-border transactions, including US operations of foreign multinational groups and inbound investments.
The Trump administration has identified growth in the nuclear energy industry as a critical component of the President’s campaign to establish American energy dominance and meet the rapidly increasing need for power.
On Monday, 16 June 2025, the Senate Finance Committee released its version of the Section 899 retaliatory tax provisions that also are included in the “One Big Beautiful Bill Act” that was passed by the House of Representatives on 22 May 2025.
We welcome your email, but please understand that if you are not already a client of K&L Gates LLP, we cannot represent you until we confirm that doing so would not create a conflict of interest and is otherwise consistent with the policies of our firm. Accordingly, please do not include any confidential information until we verify that the firm is in a position to represent you and our engagement is confirmed in a letter. Prior to that time, there is no assurance that information you send us will be maintained as confidential. Thank you for your consideration.
