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Vinson & Elkins is pleased to offer this round-up of recent developments in federal enforcement, with a particular emphasis on changes during the first few months of the second Trump administration.

Partner Lauren Collins will be speaking at 2pm ET on Wednesday, September 10 on a panel with Tax Analysts where they will discuss the repeal of the green energy credits in the OBBBA.

This session will explore how rising global tariffs—and those proposed by the Trump administration—are affecting the U.S. energy and infrastructure sectors.

Partner Jenny Speck is speaking on a webinar hosted by Solarplaza, titled "Securing Solar & Storage Projects Before and Beyond 2026: Compliance, Risk & Long-Term Strategy" at 1:30 PM CT.

Organizations challenging an agency’s termination of a grant or government contract based on an allegedly illegal government policy need to master a two-step dance, according to a recent U.S. Supreme Court decision.

Partner Jenny Speck will join AIEN in Houston on August 26 at 9am for an in-depth panel discussion on the evolving US and Canadian regulatory environment for Carbon Capture and Storage (CCS).

On August 15, 2025, the Department of Treasury and the Internal Revenue Service (“IRS”) released guidance for wind and solar facilities under Sections 45Y and 48E (the “Tech-Neutral Tax Credits”) in the form of IRS Notice 2025-42 (the “Notice”).

Stephen Josey and Quentin Manuel examine how the IRS enforces civil tax fraud penalties within the federal tax system, offering practitioners key insights into the legal standards, evidentiary burdens, and practical consequences involved. They explain how civil fraud differs from negligence and criminal tax fraud, highlight the IRS’s reliance on circumstantial evidence and badges of fraud, and outline the significant financial and legal risks taxpayers face when fraud is found. They also address defenses available to taxpayers and emphasize the importance of distinguishing between intentional misconduct and good-faith mistakes in today’s enforcement environment.

On July 29, 2025, Attorney General Pam Bondi issued a memorandum offering specific examples of what the U.S. Department of Justice (“DOJ”) considers to be unlawful discriminatory policies and practices under federal civil rights laws, as well as recommendations on best practices for employers to avoid engaging in unlawful discrimination.

As the Trump administration continues to roll out its sweeping tariff policy, the North American energy industry is working to address the effects of the President’s tariff strategy. The Trump administration intends to “unleash American energy,”¹ in part by imposing tariffs designed to remedy what the administration views as unfair trade practices and increase U.S. domestic energy production. The currently imposed and threatened tariffs will inevitably impact the energy industry and its consumers. The particularly relevant tariffs can be defined in two broad categories: (1) sectoral tariffs, in this case, imposed under Section 232 of the Trade Expansion Act of 1962, and (2) the country-specific and “reciprocal tariffs” that the Trump administration has imposed under the International Emergency Economic Powers Act.

On July 8th, 2025, President Trump issued an order (the “Order”) forcing divestment of U.S.-based Jupiter Systems (“Jupiter”) by its China-based parent company, Suirui Group Co., Ltd. (“Suirui”), more than five years after Suirui acquired Jupiter.

Joyce Adetutu, Jason Fleischer, and Stephen Josey emphasize that the unresolved legal status of the IEEPA tariffs creates significant uncertainty for importers. With the tariffs still being collected during appeal, businesses risk overpaying and should consider filing protests to safeguard potential refunds. To navigate this shifting landscape, importers must stay alert to liquidation deadlines and build tariff-related contingencies into their contracts.