Energy & Utilities Law, Commercial Law & Contracts, Environmental Law

Reed Smith Marcellus Shale Tax Update - Recycle, Reuse, Reduce Your Tax Burdens

by Stephen Blazick, Daniel Dixon, Lee Zoeller | Reed Smith on 5/17/2013

Pennsylvania’s broad mining exemption from sales and use tax also includes an exemption for pollution-control devices that is less well known than the general exemption for mining equipment. The pollution-control exemption...more

MoFo New York Tax Insights - Volume 4, Issue 5 - May 2013

by Open Weaver Banks, Hollis L. Hyans, Kara M. Kraman, Irwin M. Slomka | Morrison & Foerster - State + Local Tax... on 5/14/2013

In This Issue: New York Enacts Significant Changes to Related Member Royalty Add-Back Law; Nuclear Power Plant That Produces Steam and Water to Generate Electricity Not Eligible for Investment Tax Credit; Appellate...more

Superfund Liability for the Repair of a Useful Product

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 5/14/2013

A few months ago, I blogged on the decision in Duke Energy Progress Inc. v. Alcan Aluminum Corporation where a court held that a company would not be held liable for selling used transformers to a recycling facility for...more

DISPUTE RESOLUTION: Oil & Gas Litigation: New Decision May Impede Fracking on Federal Land

by King & Spalding on 5/10/2013

Recently, a California federal court blocked drilling on certain federal land located in California’s Monterey Shale Formation play. In reaching its decision, the court relied heavily on perceived risks of fracking, holding...more

California Energy Commission Amends Nonresidential Building Energy Disclosure Regulations

by Kirsten Day, Teresa Jacobs | Perkins Coie on 5/10/2013

The California Legislature adopted Section 25402.10 of the California Public Resources Code in 2007. The Code requires each nonresidential building owner throughout the state to document and disclose a building’s energy use...more

Real Estate Tip – Renewable On-Site Power: Who Pays to Charge a Tenant’s Chevy Volt?

by Richard Smith | Bernstein Shur on 5/10/2013

In two previous LEED tips, Part 1 and Part 2, we explored how taking steps that result in LEED certification may yield little if any improvement in energy efficiency. Another efficiency-neutral LEED concern is clean on-site...more

Climate Change Legal Work: Changing The Paradigm Does Not Come Easily

by J. Wylie Donald | McCarter & English: Climate Change &... on 5/9/2013

I learned the other day that for $3995 I can download nearly a 1000 page report on the climate change industry. The Ah Hah moment was at hand. The President’s promise at his inauguration and then again at the State of the...more

California Heavy-Duty Vehicle Greenhouse Gas Emission Reduction Regulations

by Alan Mogol | Ober|Kaler on 5/7/2013

Lessors of tractors or trailers may be subject to California's regulations pertaining to the reduction of greenhouse gas emissions. California's regulations pertain to heavy-duty tractors and 53-foot or longer box-type...more

Part II - How Will North Carolina Handle Forced Pooling?

by Jessica L. Kimble | Spilman Thomas & Battle, PLLC on 5/3/2013

As discussed in Part I, the North Carolina Mining and Energy Commission (“N.C. MEC”) will present its report on hydraulic fracturing to the Joint Legislative Commission on Energy Policy and the Environmental Review Commission...more

EU Environment Report - April 2013

by Jacquelyn F. MacLennan, David Strelzyk-Herzog | White & Case LLP on 5/3/2013

In This Issue: *Chemicals: - Commission adds eight substances to REACH authorisation list *Climate Change: - European Parliament opposes “backloading” proposal for ETS allowances - Council...more

Community Solar Success

by Bruce Goodman | Varnum LLP on 5/3/2013

Individual customers have signed up to lease each panel for 25 years for a one-time fee of $470 per solar panel. A rebate of up to $150 will be given the customer to account for energy optimization credits. ...more

The Shale Play Today - April 2013

by M. Ann Bradley, Michael Connelly | Spilman Thomas & Battle, PLLC on 5/1/2013

In This Issue: - Pa. Supreme Court Issues Decision in Butler Case - Hydraulic Fracturing - Studies Without End - Pending Pa. Legislation Gives Incentives for Natural Gas Vehicles - Atlantic...more

EU Rejects Suspension of Auctions of EU Allowances; California Air Resources Board Formally Approves Linkage with Quebec

by Eric E. Freedman, Mariah Kennedy, Fiona Melville | K&L Gates LLP on 4/25/2013

On April 16, 2013 the members of the European Parliament voted 334-315 against the proposal of the European Union (EU) Commission to suspend future auctions of EU emission trading scheme (EU ETS) allowances until 2019 in...more

U.S. District Court Says BLM Must Address Environmental Impacts of Fracking - Court Finds Fracking Operations are Subject to NEPA...

by Fernando Avila, Lucas Quass | Best Best & Krieger LLP on 4/24/2013

In an order addressing hydraulic fracturing (fracking) on federal lands, the U.S. District Court for the Northern District of California ruled that the Bureau of Land Management (BLM) violated the National Environmental...more

IRS Issues Notice to Determine When Construction Begins for Purposes of Production Tax Credit, Investment Tax Credit

by Gale Chan, Madeline Chiampou, Brian Levy, Martha Groves Pugh, Philip Tingle | McDermott Will & Emery on 4/23/2013

The Internal Revenue Service (IRS) has issued important guidance to determine when construction begins with respect to a qualified facility for purposes of the production tax credit and the investment tax credit for certain...more

Earth Matters - April 2013: Fracking Moratorium Leads to Termination of Oil and Gas Leases

by Kevin Hogan | Phillips Lytle LLP on 4/23/2013

In 2008, then-Governor David A. Paterson directed the New York State Department of Environmental Conservation (DEC) to supplement its environmental impact review of oil and gas exploration in New York to consider the...more

Earth Matters - April 2013: Making Solar Power More Affordable for New Yorkers

by Donald Ross | Phillips Lytle LLP on 4/22/2013

New York State continues to be a national leader in renewable energy initiatives, particularly in encouraging practical, everyday applications of solar power. Recently, Governor Andrew Cuomo, as part of his ongoing “NY-Sun”...more

Earth Matters - April 2013

by Kimberly Barnashuk, Jennifer Dougherty, Patrick Fitzgerald, Morgan Graham, Kevin Hogan, Susan Marriott, Donald Ross, Adam Walters | Phillips Lytle LLP on 4/19/2013

In This Issue: - Making Solar Power More Affordable for New Yorkers - Fracking Moratorium Leads to Termination of Oil and Gas Leases - New Water Withdrawl Permit Requirements - Update on Federal Trade...more

CBD v. Salazar And The Way Forward For Fracking In Federal Minerals

by Tyler Welti | Perkins Coie on 4/18/2013

On March 31, 2013, a magistrate judge with the U.S. District Court for the Northern District of California ruled that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) in issuing...more

Energy Alert: IRS Identifies Two "Begun Construction" Standards To Qualify For Two Tax Credit Opportunities

by Allison Woodbury Leppert | Leonard, Street and Deinard on 4/18/2013

The renewable electricity production tax credit and the energy investment tax credit currently offer taxpayers a tax credit for energy produced from qualified facilities. For the PTC, the tax credit covers a ten-year period....more

"IRS Guidance on the Commencement of Construction Requirements for Tax Credits for Qualified Energy Facilities"

by Armando Gomez, Paul Schockett, Sean Shimamoto | Skadden, Arps, Slate, Meagher & Flom LLP on 4/17/2013

On April 15, 2013, the Internal Revenue Service released Notice 2013-29 (Notice), which established guidelines and a safe harbor to determine when construction has begun on a “qualified facility” for purposes of the renewable...more

BLM Fails to Review Fracking Impacts of Oil & Gas Leases in California

by Allison Davis | Davis Wright Tremaine LLP on 4/16/2013

The U.S. District Court in San Jose recently found that the Bureau of Land Management (BLM) failed to adequately review the environmental impacts of fracking on four oil and gas leases it recently auctioned off in the...more

Solar Project Performance May Be Threatened By Satcon Bankruptcy - Semi-Annual Audits Should be Conducted to Ensure Project...

by Sophie Akins | Best Best & Krieger LLP on 4/11/2013

If your solar project uses Satcon-brand inverters to convert the direct current generated by your solar panels into alternating current, you may have recently received notice from Satcon or your installation contractor that...more

NREL Launches Solar Clearinghouse

by Mintz Levin - Energy & Clean Technology on 4/10/2013

The Department of Energy’s (DOE) National Renewable Energy Laboratory (NREL) has launched an initiative to build an open-source database of real-world performance from solar facilities across the country. As part of DOE’s...more

Battery Currents: Advanced Energy Storage - April 4, 2013

by Kimberly A. Clarke, Nyal Deems, Bruce Goodman, Harvey Koning, Timothy J. Lundgren, Melissa Papke, Elizabeth Wells Skaggs | Varnum LLP on 4/9/2013

In This Issue: - Chinese Auto Parts Maker Buys A123 Systems - Return of ARRA Funds - Tax Incentives Extended for Battery Maker - Ford Increases Electric Vehicle Dealers and Pushes Sales - Michigan Lithium-Ion...more

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