Article

U.S. renewables market poised to remain critical to energy supply mix despite regulatory uncertainty

U.S. renewables market poised to remain critical to energy supply mix despite regulatory uncertainty
Related people

Supporting report content

Historically in the U.S., a key component of enacting green energy policy was through federal income tax incentives. While recent legislation in the form of the One Big Beautiful Bill Act (OBBBA) has significantly reduced the future availability of federal tax credits, businesses and state-level governments continue to implement sustainability targets for which renewable energy projects remain a vital source of lower-carbon energy production.

Additionally, the demand for energy continues to rise in the U.S. due to energy security needs, industrial re-shoring priorities, and accelerating data center load. Small-scale renewable energy projects, particularly solar projects, are expected to continue to be a pivotal part of the energy mix in the country in the coming years. Over the next six to 12 months, investors should expect tariff volatility, increased scrutiny of tax credit eligibility, and economic stress around growing insolvencies in the solar sector.

In the medium term, election-driven policy recalibration could reshape the availability of subsidies and redefine supply chain requirements. Over the longer term, the market is likely to consolidate around legally robust, reliability-aligned frameworks that benefit domestic manufacturing by non-Chinese-controlled businesses, grid reliability, and disciplined consumer protections.

Capital allocation between projects: The drivers

Tariff policy, tax credit eligibility, and residential-solar solvency are now mutually reinforcing drivers of risk and opportunity. Trade policies and actions are placing additional strain on supply chains, just as (i) the recent OBBBA raises the bar for tax credit qualification, and (ii) consumer protection rules strengthen in response to residential solar insolvencies. Additionally, developers are contending with a growing need to provide grid reliability in the face of known transmission constraints: queue backlogs; protracted interconnection study timelines; escalating network upgrade costs; and congestion-driven curtailment are delaying commercial operation dates and eroding project economics. Together, these market forces are steering capital allocation toward projects that can withstand legal scrutiny and deliver reliability.

“The U.S. renewables market is not de-risking through cost declines alone; it is being actively shaped by legal and policy evolution. Energy security is reframing approvals, standards, and subsidies toward reliability, domestic content, and enforceable compliance”

What to expect over the short, medium, and long term

In the short term (6–12 months), tariff volatility will continue to be a feature. Bid repricing and origin tracing under anti-dumping, countervailing duties, and Section 301 trade actions are raising module costs and delivery risk, which in turn will cause heightened scrutiny for compliance with IRS standards for federal income tax credits. Simultaneously, net-metering reforms and higher consumer interest rates compress residential cash flows, elevating insolvency risk of residential solar developers and prompting tougher consumer servicing oversight. Concurrently, feeder constraints and interconnection queue backlogs are extending project timelines while the OBBBA has shortened the periods in which projects can be placed in service to qualify for tax credits. In total, investors should expect projects to face construction timing and pricing hurdles, as well as increased regulatory and consumer protection scrutiny.

In the medium term (12–18 months), enforcement convergence is likely. Heightened customs scrutiny will align with more rigorous legal review of whether projects satisfy legacy tax credit standards or the new, and still unsettled, standards of the OBBBA. State utility commissions and attorneys general will continue to prioritise consumer protection actions in rooftop solar. At the federal level, the likelihood of interconnection reforms is increasing, alongside emerging reliability requirements for inverter-based resources (i.e., sources of electricity that are asynchronously connected to the grid).

These developments are likely to steer developers toward pairing projects with storage to satisfy reliability objectives and toward U.S. manufacturing to capture domestic content value while avoiding regulatory and political scrutiny associated with foreign-sourced, particularly China-origin, components. Financing parties are expected to tighten terms accordingly, with enhanced covenants that include pass-throughs of tariff exposure to well-capitalized sponsors, step-in rights to facilitate compliance remedies, and more stringent curtailment and congestion covenants.

Over the long term (18 months–5 years), investors should anticipate convergence not only in enforcement, but also across market practices and policymaking. Project budgets and access to capital will increasingly reflect the premium placed on domestically-sourced modules, while price-sensitive components will benefit from diversified import channels. EPC practices will coalesce around standardized product-sourcing protocols, and storage-led offerings aligned with evolving grid rules will draw greater investment. At the same time, consumer protection regimes will tighten requirements for disclosures, warranties, and service continuity, improving credit quality but raising compliance costs. The net effect will be that developers who stay apprised of regulatory shifts and maintain their projects’ budgets and schedules despite the evolving landscape will attract a greater market share than their competitors who are unable or unwilling to showcase regulatory resilience.

Conclusion: Law, policy and the shifting U.S. energy landscape

The U.S. renewables market is not de-risking through cost declines alone; it is being actively shaped by legal and policy evolution. Energy security is reframing approvals, standards, and subsidies toward reliability, domestic content, and enforceable compliance. For investment, banking, and legal teams, the practical implication is the need for enhanced diligence encompassing counterparty supply chains, workforce compliance, documentation establishing adherence to the new standards of the OBBBA, and contractor financial hygiene. Contracts should anticipate tariff shocks and guidance shifts with pass-throughs, cure mechanics, and audit-ready recordkeeping. Portfolios should run stress tests for net-metering changes and rate sensitivity and include transition plans for contractor failures so tax credit monetization survives distress. The rules will determine who leads and who lags, and those who treat regulation as the operating system of the energy transition will be best placed to capture value in a secure and sustainable U.S. renewables future.

Supporting report content

Related capabilities