Environmental and consumer protection enforcement action. Oregon Attorney General Dan Rayfield led a coalition of 16 states in filing an amicus brief supporting a lawsuit against the IRS. The challenge contests a new IRS rule that removes a key pathway (5% investment test) for wind and solar projects to qualify for federal clean energy tax credits. The states argue the rule is unlawful, arbitrary, will increase energy costs for families and businesses, and undermine state clean energy goals and investments.
The states are asking the U.S. District Court for the District of Columbia to strike down the new IRS rule and restore the previous, decade-old standards that allowed projects to qualify for tax credits by either starting construction or investing at least 5% of project costs.
In-house legal teams should review vendor, customer, and partnership agreements in the energy and project development sectors where federal clean energy tax credits are a material economic component. Focus on clauses addressing representations and warranties regarding tax credit eligibility, compliance with evolving regulatory requirements, force majeure or changed law provisions, and conditions precedent tied to qualification for tax incentives. Given the IRS rule eliminating the 5% investment test for wind and larger solar projects, contracts may require amendments to reflect new eligibility pathways, renegotiation of economic terms dependent on this pathway, or inclusion of mechanisms to address future regulatory shifts that could impact project viability and return on investment.
Entity
Internal Revenue Service
Also known as: IRS
Industry
OtherOfficial Press Release
https://www.doj.state.or.us/media-home/news-media-releases/ag-rayfield-leads-coalition-supporting-challenge-to-irs-energy-policy-that-could-raise-costs/
RETC 4400 PLD Amicus Brief in Support of Plaintiffs Motion f
https://www.doj.state.or.us/wp-content/uploads/2026/02/RETC-4400-PLD-Amicus-Brief-in-Support-of-Plaintiffs-Motion-for-Summary-Judgment.pdf
Oregon Attorney General Enforcement Page
https://www.doj.state.or.us/consumer-protection/
"challenging a new Internal Revenue Service (IRS) rule"
"Attorney General Dan Rayfield led a coalition of 15 other states today in supporting a lawsuit"
"The states argue the rule is unlawful, arbitrary, and harmful to consumers."
"The states are asking the court to strike down the rule and restore the previous standards"
Oregon Attorney General Dan Rayfield secured a temporary restraining order blocking Paramount Skydance Corporation's proposed $110 billion acquisition of Warner Bros. Discovery. The lawsuit, joined by 11 other state attorneys general, alleges the merger would harm Oregonians through higher prices, lower content quality, and reduced competition in film and television distribution.
$29.6M
Oregon Attorney General Dan Rayfield and a bipartisan coalition of states reached a $29.6 million settlement with Glenmark, a generic drug manufacturer accused of conspiring with other pharmaceutical companies to inflate prices and limit competition for numerous generic prescription drugs. The settlement requires Glenmark to cooperate in ongoing multistate litigations and implement internal reforms to ensure fair competition and antitrust compliance.
Oregon Attorney General Rayfield and a coalition of 11 other attorneys general filed a motion for a temporary restraining order and preliminary injunction to block the $110 billion acquisition of Warner Bros. Discovery, Inc. by Paramount Skydance Corporation. The lawsuit alleges the merger violates Section 7 of the Clayton Act by substantially lessening competition in theatrical film distribution and basic cable television licensing, which would lead to higher prices and reduced content quality for consumers.
$18.0M
A coalition of 42 state attorneys general settled bankruptcy claims against 23andMe following a 2023 data breach that compromised genetic data of 6.9 million customers. The settlement includes $150 million in allowed claims, with $18 million paid from bankruptcy funds, and requires enhanced data security measures for the successor entity, 23andMe Research Institute.
Oregon Attorney General Dan Rayfield and a coalition of 12 state attorneys general filed a lawsuit challenging the $110 billion acquisition of Warner Bros. Discovery by Paramount Skydance Corporation. The lawsuit alleges the merger violates Section 7 of the Clayton Act by substantially lessening competition in theatrical film distribution and basic cable television licensing, which could lead to higher prices and reduced choice for consumers.
The provided press release is a media release from the Oregon Department of Justice announcing a multistate press conference of attorneys general from Oregon, California, Washington, Nevada, and New York advocating for increased state resources to address antitrust enforcement gaps following reduced federal oversight. No privacy-related enforcement actions, violations, penalties, or remedies are described in the document.