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The Legal Risks Associated with Corporate Sustainability Reporting

Investors, consumers and other stakeholder groups are driving a growing demand for companies to disclose more information about their environmental, social and governance (ESG) and sustainability practices. Many companies are...more

Master Limited Partnership Parity Act Reintroduced To House And Senate

On June 24, 2015, the Master Limited Partnership Parity Act (S. 1656) was reintroduced in the House and the Senate. The legislation would provide investors in renewable energy projects with tax breaks that are currently...more

IRS Confirms that Flip Partnership Guidelines Do Not Apply to Solar Projects

The IRS has advised that the flip partnership guidelines under Rev. Proc. 2007-65, 2007-2 C.B. 967, do not apply to solar facilities or other projects claiming the Section 48 investment tax credit (ITC). The statement, made...more

Master Limited Partnerships: Proposed Tax Regulations Scale Back Activities Giving Rise to Qualifying Income

The Treasury Department (Treasury) and the Internal Revenue Service (Service) have issued proposed tax regulations (Proposed Regulations) that provide guidance on, and significantly scale back, the types of activities...more

Disclosing Violations to EPA in a Digital Age

Under EPA’s Audit Policy and Small Business Compliance Policy, companies that discover, promptly disclose, and expeditiously correct environmental violations may be entitled to penalty mitigation and other incentives. EPA...more

Insights Newsletter - Spring 2015

In This Issue: - The Importance of Accredited Investors for Small Business Capital Formation - “All Appropriate Inquiries”: Update on the Environmental Due Diligence Standard - A Hunt for Justice Erodes...more

Generators Need to be Vigilant About TCLP Sampling Protocol

The Toxicity Characteristic Leaching Procedure (TCLP), SW-846 Method 1311, was promulgated by EPA pursuant to the Resource Conservation and Recovery Act to test and determine the potential leaching rate of disposed hazardous...more

A $6 Million Reminder to Observe Corporate Formalities: Environmental Prosecutors Pierce Another Corporate Veil with Ohio Decision

With ever-growing concern about environmental liability exposures, many shareholders rely on corporate structures – both simple and complex – to help insulate themselves from direct responsibility for the acts and omissions...more

Arizona Resource Planning Process Seeing Changes

Resource planning is a critical task for energy utilities. It is also of great interest to regulators, ratepayers and other industry members such as renewable energy companies....more

Five Years in the Making: Improved Safety for Offshore Oil and Gas Development

Sometimes new regulations come out of nowhere. And sometimes it is just a matter of time. Last week’s unveiling of the Bureau of Safety and Environmental Enforcement’s (“BSEE”) offshore blowout preventer and well control...more

In Big Defense Win, Appellate Court Affirms that Proposition 65 Exposure Level Can Be Based on Average Consumption Over Time

In an important victory for defendants doing business in California, the California Court of Appeal recently affirmed a trial court’s decision holding that the defendants did not violate Proposition 65 (Prop 65), California’s...more

Comments on Proposed Rule Small Business Government Contracting and NDAA of 2013 Amendments, RIN: 3245-AG58

Re: RIN: 3245-AG58, Comments on Proposed Rule Small Business Government Contracting and National Defense Authorization Act of 2013 Amendments - Dear Ms. Fernandez: We are writing to submit comments...more

Environmental Appeals Board Vacates Penalties for TSCA Section 8(e) Violations

The U.S. Environmental Appeals Board (EAB) issued an opinion this month that sheds light on section 8(e) of the Toxic Substances Control Act (TSCA); specifically, the applicability of the “continuing violations doctrine” to...more

Superior Court of New Jersey Pierces the “LLC” Veil, Holding Sole Member Liable for Environmental Liabilities

On February 26, 2015, in Coty US LLC v. 680 S. 17th Street LLC, the Superior Court of New Jersey, Chancery Division, pierced the veil of a New Jersey limited liability company and held its sole member liable for environmental...more

2014 Cleantech and Renewables IPO Statistics

IPO recovery? Last year was the most active year for IPOs in the United States since 2000. That’s right: an astounding 275 IPOs were completed in 2014, topping the 2013 total of 222 by more than 23%. Total U.S. IPO proceeds...more

Parent Corporations Beware: Control Over Your Subsidiaries is a Double-Edged Sword

The decision earlier this month in Cyprus Amax Minerals v. TCI Pacific Communications is a useful reminder that corporate form exists for a reason and that parent corporations who ignore corporate niceties do so at their...more

Protecting the Rights of Children Should Be Integral to Every Corporate Social Responsibility Strategy

Consideration of the rights of children should be integral to any Corporate Social Responsibility (“CSR”) strategy or policy. Traditionally, companies have focused on reducing and eliminating the use of child labor in their...more

Brownfield land in the UK: directors’ and officers’ liability

Introduction - In this first in a series of briefings on topics relevant to those involved in brownfield land, we look at the issue of directors’ and officers’ personal liability....more

Small Business Fire and Emergency Precautions: Tips for Before and After a Disaster

Small Business Fire and Emergency Precautions: Tips for Before and After a Disaster by Charles A. Yuen on October 7, 2013 For any New York or New Jersey small business owner, watching the devastation at the Seaside Park...more

Regulators Urge Businesses to Improve Business Continuity Plans in Wake of Superstorm Sandy

Regulators Urge Businesses to Improve Business Continuity Plans in Wake of Superstorm Sandy by Dennis C. Linken on September 26, 2013 Superstorm Sandy wreaked havoc on financial firms located in New York and New Jersey,...more

Hurricane Sandy And Flood Insurance: Critical Deadline Looms

Hurricane Sandy And Flood Insurance: Critical Deadline Looms by Charles A. Yuen on September 11, 2013 Flood insurance policies contain a provision requiring the filing of a sworn proof of loss, typically within sixty...more

Accounting for Sustainability

A number of U.S. states have created new corporate forms that let companies focus on sustainability and other social goals, as well as shareholder value. Now, we are seeing the “logical next step” in corporate sustainability,...more

Senate Hearing on Extending the MLP Rules to Renewables

On July 31, 2013, the Senate Finance Subcommittee Energy, Natural Resources, and Infrastructure held a hearing on the Master Limited Partnership Parity Act (S. 765). The bill would extend the master limited partnership (MLP)...more

CERCLA Is Still Constitutional

To paraphrase Shakespeare, United States v. Sterling Centrecorp, Inc., is a great feast of legal argument. The PRP in that case purchased the assets of a mining company whose operations in California had caused releases of...more

Financial Innovation for Clean Energy Deployment: Congress Considers Expanding Master Limited Partnerships for Clean Energy

Technological innovation is driving renewable energy towards a future where it is cost competitive without subsidies and provides a growing share of America’s energy. But for all the technical progress made by the clean...more

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