Energy & Utilities General Business Environmental

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Renewable Energy Global Paper: The year of PPAs and the corporate green agenda

In a world where the corporate green agenda is increasingly integral to business strategy, particularly following the Paris climate change agreement, this paper explores the growing trend of large corporates using power...more

Corporations Directly Buying Renewable Power on the Rise

Recent trends demonstrate a rapid growth in corporations directly buying renewable energy from wind, solar and other renewable energy generators. Renewable energy capacity under corporate power purchase agreements (PPAs)...more

2016 Oklahoma Tax Legislation

Investment/New Jobs Credit, $25 Million Cap, 2016-2018. The income tax credit for investment in manufacturing facilities or increasing jobs was amended to provide that for tax years beginning on or after January 1, 2016, and...more

Energy Newsletter - June 2016

Oil and Gas Unitization: Specific Considerations for Cross-Border Unitization - Setting the Scene - There are more than twenty bilateral unitization Treaties and Joint Development Agreements (JDAs) in place today...more

Transforming Saudi Arabia: National Transformation Program 2020 approved

On 6 June 2016, the “National Transformation Program 2020” was approved by the Saudi Cabinet. This caps a frenetic few months of activity in the Kingdom that began with the approval of “Saudi Vision 2030” at the end of April,...more

Why You Should Continue to Pay Attention to PACE

With commercial property owners and tenants still seeking sustainable building designs that incorporate energy efficiency or green building features, Property Accessed Clean Energy (PACE) financing will continue to rightfully...more

Have You Got the Right EPCs?

We were reading in the Property Week (27th May edition) just how unreliable an EPC rating can be. This matters because from 2018 when new minimum energy efficiency regulations (MEES) start to apply, investors won’t be able...more

Upsetting the Outer Continental Shelf Ecosystem through Overbonding

At a time when the Bureau of Safety and Environmental Enforcement’s (“BSEE”) Well Control Rule has shifted focus away from its sister agency’s regulatory maneuvering, the Bureau of Ocean Energy Management (“BOEM”) is changing...more

North Carolina Rejects Third-Party Sales of Solar-Generated Electricity

The North Carolina Utilities Commission recently ruled that third-party sales of solar-generated electricity violate state law. The Commission rejected a test case brought by an advocacy group seeking to legitimize such...more

When Attorneys General Attack: AGs’ Aggressive Investigation of Climate Change Disclosures, and Getting Your Insurer to Provide...

Who’s afraid of New York’s Martin Act? Right now, a lot of Wall Street and energy industry companies, that’s who. Why are they concerned about the Martin Act? Because it grants the New York State Office of the Attorney...more

Developing a Business Case for Renewable Energy at Airports

The Airport Cooperative Research Program (ACRP) recently released Report 151: Developing a Business Case for Renewable Energy at Airports (the Report). Foley partner David Bannard is a co-author of the Report, assisting lead...more

Renewable Energy In Russia: Recent Developments

Russia recently introduced procedures for the transfer of a power generating company’s rights and obligations under long-term capacity agreements for future projects that use capacity payments to secure a return on...more

CPUC Implementation of the Renewables Portfolio Standard Beyond 2020 Begins

The California Public Utilities Commission is revving itself up to take on the task of putting together a whole new set of procurement requirements to implement the Renewables Portfolio Standard (RPS)-related provisions of...more

NH regulation of solar PPAs, leases

As distributed energy resources like solar panels become more widely adopted, how do typical solar business models like solar power purchase agreements or solar leases match up to state utility laws? While the answer may...more

Significant developments in Canadian energy – for the month of March 2016

Conventional - March 9, 2016 – Encana Corporation is exploring the sale of more non-core assets in the United States and Canada that could net proceeds of approximately $1 billion. Encana is open to offers on all of...more

Trade & Manufacturing - News of Note - April 2016

EU-U.S. Privacy Shield Agreement Released - On February 29, the European Commission and the U.S. Department of Commerce released the long-awaited text of the European Union (EU) – United States Privacy Shield, an...more

Oil, Gas and Mineral Companies Take Note: Agreements Purporting to “Run with the Land” may be Rejected in Bankruptcy

A recent bankruptcy court decision from the influential Southern District of New York permitted a debtor to reject executory contracts with midstream gathers as an exercise of sound business judgment. In In re Sabine Oil &...more

Navigant’s Consulting’s Report on Residential Solar Misconstrues Value of Tax Attributes

Navigant Consulting on February 19 submitted a report, Solar Project Return Analysis for Third Party Owned Solar Systems, to the Arizona Public Service (APS). The thesis of the report is that residential solar developers are...more

2015 Energy Year in Review

Akin Gump is pleased to announce it has released its “2015 Energy Year in Review,” which examines the current state of the global energy market and highlights the energy matters with which the firm was involved last year in...more

Paris Energy Series No.10: The Paris Agreement on Climate Change: Beware the Shield?

Arbitral Implications for the Oil and Gas Sector - On 12 December 2015, the Paris Agreement (or the "Agreement") on climate change was signed by 195 States and the EU, provoking scenes of euphoria among the delegates...more

Expect Increased Environmental Regulatory Scrutiny in the Wake of the Flint Water Crisis

The regulated community should plan for an increased level of agency oversight, inspection and enforcement and increased public involvement. Although there has been much finger pointing as to which party or parties may...more

Maine solar legislation released

The Maine legislature has printed a bill whose enactment would reshape the state's solar energy laws. The bill, An Act To Modernize Maine's Solar Power Policy and Encourage Economic Development, has been numbered as LD 1649....more

Dunes Sagebrush Lizard Decision Upholds Importance of Conservation Agreements

On March 1, the oil and gas industry won a significant victory when the Court of Appeals for the D.C. Circuit upheld the U.S. Fish & Wildlife Service’s (“FWS”) decision that conservation agreements supported by the industry...more

Minerals Matters - Winter 2016

Welcome to the latest edition of Minerals Matters and the first one of 2016. Last year was, on the whole, positive for the sector. We had the drama of the UK General Election and the surprisingly decisive outcome which...more

FERC Approves Termination of Generator Interconnection Agreement for Wind Project Based on Strict Interpretation of Generator...

The Federal Energy Regulatory Commission (FERC) issued an order on March 4, 2016, accepting a notice filed by Midcontinent Independent System Operator, Inc. (MISO) which has the effect of terminating a Generator...more

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