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Tax Reform Impacts Trade Association Executive Compensation

Client Alert | 1 min read | 01.05.18

The tax reform bill passed by Congress in late December 2017 imposes a new 21 percent excise tax on certain executive compensation paid by tax-exempt entities, including “section 501(c)(6)” trade associations. Trade associations potentially subject to this new excise tax may want to review their projected compensation to top executives and any severance agreements, and to consider restructuring any impacted compensation.

The new 21 percent excise tax applies to executive compensation in excess of $1 million paid in a year to one of the organization’s top five highest compensated employees or to a person that was one of the top five highest compensated in a previous year (but only going back to 2017) (collectively, “covered employees”).

Wages paid by the tax-exempt organization itself or by a related organization (including organizations under common control) count toward the $1 million limit.

There is also a 21 percent excise tax generally imposed on separation payments that are contingent on a change of control of the organization and paid to a covered employee, if the aggregate contingent payments exceed three times the individual’s average annual compensation for the preceding five years.

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Client Alert | 4 min read | 05.01.26

Federal Court Blocks Trump Administration Policies Restricting Wind and Solar Permitting

A coalition of regional clean energy trade associations — including RENEW Northeast, Alliance for Clean Energy New York, Southern Renewable Energy Association, and Interwest Energy Alliance — along with the Green Energy Consumers Alliance (GECA), filed suit in December 2025 against the Department of the Interior (DOI), the Bureau of Land Management, the Bureau of Ocean Energy Management, the U.S. Fish and Wildlife Service (USFWS), and the Army Corps of Engineers. The complaint alleged that five agency actions, issued in response to a series of executive orders and presidential memoranda beginning on January 20, 2025, violated the Administrative Procedure Act (APA) by arbitrarily halting or restricting federal permitting for wind and solar energy projects. Plaintiffs sought a preliminary injunction to halt enforcement of these policies while the litigation proceeds. See Renew Northeast, et al. v. U.S. Dep’t of Interior, et al., No. 25-cv-13961-DJC,  (D. Mass. Apr. 21, 2026) ECF Dkt. 89....