Thomas Hefty

Thomas Hefty

McDermott Will & Emery

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Latest Publications


Bankruptcy Courts Fail to Enlighten on Electricity as Goods or Services

Is electricity goods or services? That seemingly simple yet confounding question is illustrated by three recent bankruptcy cases (all of which consider whether an electricity provider is entitled to an administrative expense...more

10/23/2014 - Bankruptcy Code Commercial Bankruptcy Contract Formation Contract Interpretation Electricity Private Utility Services UCC

Illinois Bill Would Centralize Wind Energy Facility Siting

Recently introduced Illinois Senate Bill 3263 (the Bill), entitled “The Wind Energy Facilities Construction and Deconstruction Act,” would strip Illinois counties of the power to regulate commercial wind energy facilities and...more

5/2/2014 - Department of Agriculture Energy Proposed Regulation Wind Power

California Issues Guidance on Nonprofit Property Owners Hosting Solar

The California Board of Equalization in December 2013 issued guidance to advise nonprofit real-estate owners of the property tax consequences of hosting on their tax exempt properties solar generating equipment owned by...more

1/21/2014 - Non-Profits Property Owners Property Tax Solar Energy

Illinois Releases Proposed Hydraulic Fracturing Regulations

Nearly six months after passage of the much touted Illinois Hydraulic Fracturing Regulation Act (225 ILCS 732/1-1 et seq.) (the Act), the Illinois Department of Natural Resources (IDNR) issued proposed regulations...more

11/22/2013 - Fracking Natural Resources Oil & Gas

Illinois’ Hydraulic Fracturing Tax Act

Prior to the Hydraulic Fracturing Tax Act, Illinois was one of the few drilling states not to impose any severance or gross production taxes on the extraction of its minerals. For oil and gas removed on or after July 1,...more

7/26/2013 - Corporate Taxes Fracking Natural Gas Natural Resources Oil & Gas Resource Extraction

Illinois Set to Regulate Shale Oil and Gas

On June 17, 2013, Illinois P.A. 98-0022 (the Act), consisting of the Hydraulic Fracturing Regulatory Act (225 ILCS 732/1-1 et seq. (2013)) (HFRA) and the Illinois Hydraulic Fracturing Tax Act (35 ILCS 450/2-5 et seq. (2013))...more

7/24/2013 - Environmental Claims Fracking Natural Resources Oil & Gas Proposed Regulation Resource Extraction Shale Gas

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