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PUE, CUE and DCeP. Can Metrics Rescue Green IT?

Businesses’ technology estates consume ever-greater amounts of energy and, at the same time, the cost of that energy continues to escalate. Green IT initiatives seem to have little effect despite the fact that, on paper, the...more

Biofuels Law Alert: IRS Addresses the Identity of the "Producer" in Contract Manufacturing Arrangements

Last week the IRS released an internal memorandum addressing which of the parties to a contract manufacturing arrangement for biodiesel is treated as the “producer” of the biodiesel for certain federal tax purposes....more

Climate Change Disclosure - Heads I Win, Tails You Lose?

Arjuna Capital, a sustainable wealth management platform, and As You Sow, an environmental corporate responsibility advocacy group, have been advocating for publicly traded companies to assess and disclose the risks that...more

What’s the Difference Between ExxonMobil and Shell When It Comes To Climate Change? What’s A Trillion Tons (or Tonnes) Among...

Earlier this week, I posted about ExxonMobil’s shareholder disclosure. The bookend to ExxonMobil’s disclosure is the release of the Trillion Tonne Communique by the Prince of Wale’s Corporate Leaders Group. The Communique...more

Federal Court Upholds First Offshore Oil And Gas Lease Sales After Gulf Oil Spill

On March 31, 2014, the U.S. District Court for the District of Columbia issued a memorandum opinion upholding the approval, by the Bureau of Ocean Energy Management, of the first oil and gas lease sales in the Gulf of Mexico...more

EPA Issues Guidance On American Iron And Steel Requirement For $2.4 Billion In FY 2014 Clean Water And Drinking Water State...

On January 17, 2014, President Obama signed into law the Consolidated Appropriations Act of 2014 (the "2014 Appropriations Act"), which requires the use of specific American iron and steel ("AIS") products in (1) all...more

United States to Participate in New World Trade Organization Trade Negotiation to Lower Tariffs on “Green Goods”

On March 21, the Obama Administration formally notified Congress that it intends to enter into a new plurilateral trade negotiation in the World Trade Organization (WTO) to eliminate tariffs on environmental goods. The...more

CPUC Issues Decision to Protect Solar Customers for 20 Years

The California Public Utilities Commission (CPUC) recently ruled to protect all existing solar, biogas and wind customers under their current net-energy metering (NEM) contracts for a 20-year grandfathering period. The...more

Legislative Update Report No. 2014-06 - Mar 31, 2014

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon....more

Exemptions for Energy Intensive Companies From Renewable Energy Surcharges: Commission Opens In-Depth State Aid Investigation...

The European Commission has opened an in-depth State aid investigation into a French scheme, under which energy intensive companies are exempted from renewable energy surcharges. The decision to open the formal investigation...more

United States Solar – The Shift from Utility Scale to Distributed Generation

In the first half of this decade, solar developers in the United States were largely focused on utility scale projects. “Mega-projects,” such as SunPower’s approximately 580 MW Solar Star projects, First Solar’s 550 MW Topaz...more

Boiler Compliance Deadline Has Arrived!

U.S. EPA recently finalized amendments to its rules regulating boilers at small facilities all over the country. The rule, called the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Industrial,...more

Developing Renewable Energy Projects on Brownfields: Mitigating Enivronmental Risks & Liabilities

“Greenfield” utility-scale renewable energy projects have generated both considerable praise and criticism. Government agencies and the public generally applaud efforts to generate renewable energy, while at the same time,...more

The Offshore Master Service Agreement

The offshore MSA is a fundamental contract for any operator or service company. It is the framework by which all work is performed offshore and, importantly, establishes which party assumes the risk of loss for people,...more

Energy Newsletter - March 2014

In This Issue: - REGULATORY: Oil & Gas Regulatory, Government Relations: Congress Probes Crude Rail Safety Developments; Voluntary Industry-Regulator Agreement Addresses Safety Concerns - Environmental: A "Diesel...more

The Construction Advantage – Issue 2

We hope you enjoy Bernstein Shur’s second edition of The Construction Advantage. This newsletter will provide you with insight into the current legal issues in construction, news and updates. Our goal is to provide practical...more

CPUC Proposes 20-Year Transition Period for Net-Energy Metered Customers

Projects with Power Purchase Agreements or Payback Periods Extending More Than 20 Years Would Not Be Protected - The California Public Utilities Commission (CPUC) recently proposed establishing a 20-year transition...more

U.S. International Trade Commission Issues Preliminary Determination of Injury to US Solar Cell Industry from Imports of Certain...

By a vote on February 14, 2014, the U.S. International Trade Commission (ITC) made a preliminary determination of material injury to the U.S. solar cell manufacturing industry due to low-priced Crystalline Silicon...more

New York Green Bank Opens for Business

The New York Green Bank has issued an RFP for developers, energy service companies, owner/operators and equipment manufacturers—as well as private-sector capital providers, including financial institutions or other...more

EU Environment Report - December 2013/January 2014

In this issue: *Chemicals: - New restrictions on the use of PAHs *Climate Change: - Commission publishes average emissions and emissions targets of CO2 for manufacturers of new light commercial...more

United States Challenges India's Domestic Content Requirements

NSM Limitations Pose Danger to U.S. Solar Product Exports - Today, U.S. Trade Representative Michael Froman announced the United States has requested World Trade Organization (WTO) dispute settlement consultations with...more

May the 50% Rule Rest in Peace

The time has come to repeal the 50% Rule (the “Rule”). The Ontario Legislature took a step in this direction by exempting renewable energy co-operatives from the application of the Rule. In so doing the Legislature...more

How Many Occurrences? Determining the Number of Occurrences for Fracking-Related Claims in CGL Policies

The controversy surrounding the use of the natural gas drilling process of hydraulic fracturing (fracking) to extract oil and gas is well-documented. While proponents argue that fracking presents the opportunity for an...more

Ninth Circuit Finds Environmental Document for Chukchi Sea Lease Sale Violates NEPA

On January 22, 2014, the United States Court of Appeals for the Ninth Circuit held that the Final Environmental Impact Statement ("FEIS") and Supplemental Environmental Impact Statement ("SEIS") regarding the effects of...more

The Business of Climate Change – Disclosure of “Stranded Assets”

Mainstream media have recently noted efforts by business interests to address potential risks to their business from a changing environment; for example, “Industry Awakens to Threat of Climate Change,” New York Times,...more

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