How Can a Renewable Energy Plant Be Sold for a Capital Gain as Opposed to an Ordinary Gain?

On April 15, 2026, the Federal Energy Regulatory Commission (FERC or the Commission) issued one of the largest enforcement penalty orders in its history, finding that American Efficient, LLC (American Efficient) and its affiliates engaged in a decade‑long fraudulent scheme involving offering energy efficiency resources (EERs) over which they had no contractual authority into the PJM Interconnection, L.L.C. (PJM) and Midcontinent Independent System Operator, Inc. (MISO) capacity markets.¹

Oil & gas companies are adapting swiftly to the administration’s energy dominance agenda, replacing net zero commitments with strategic opportunities across three emerging revenue streams. The AI-driven data center boom is fueling unprecedented demand for reliable onsite power, with traditional energy companies leveraging their natural gas resources and infrastructure expertise to build dedicated generation facilities and enter construction joint ventures. Major oil producers are simultaneously exploiting their subsurface exploration capabilities to expand into critical mineral supply chains essential for battery technologies, electronics and aerospace applications. 

Akin is proud to serve as a Gold Sponsor of Infocast’s Tax Credits & Transferability 2026, taking place on May 5-6 in Houston.

Antitrust enforcement is showing early signs of transformation as new leadership promises more accommodating approaches to oil & gas consolidation. In the United States, Federal Trade Commission chair Andrew Ferguson assumed office in January 2025, signaling a more permissive stance toward merger approvals that oil & gas companies have welcomed enthusiastically. This shift represents a potential departure from the heightened scrutiny that characterized previous years, creating optimism among dealmakers seeking opportunities for strategic combinations.