Energy & Utilities Construction

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.
News & Analysis as of

Construction of two new 500 kV transmission lines extending from Lincoln County, New Mexico to Pinal County, Arizona

On February 3, 2016, the Arizona Corporation Commission (“Commission”) by a 3-2 vote issued a Certificate of Environmental Compatibility to SunZia Transmission, LLC to construct two new 500 kV transmission lines extending...more

Vermont issues updated energy plan

Vermont energy regulators have completed an update of key energy and electricity plans for that state. The Vermont Department of Public Service has updated the Vermont Comprehensive Energy Plan (CEP) and Electric Plan, two...more

What Must Be Done for Wind and Solar Projects to Have “Begun Construction” under the New PTC and ITC?

With the recent extension of the federal income tax credits available for renewable energy projects, practitioners and industry participants have raised questions as to how the “begun construction” rules will apply under...more

Washington State Court of Appeals Holds Vested Permit Applications Are Not Subject to New Municipal Stormwater Requirements

The development community won a victory in Division Two of the Washington State Court of Appeals in a ruling that excludes pending permit applications from the new low-impact development stormwater regulations that large...more

Massachusetts State Building Code Update: 9th Edition Now Anticipated to be Issued with Concurrency Period

The following is a January, 2016 updated version of the G&S Advisory originally published in October, 2015 - The Massachusetts State Board of Building Regulations and Standards (the “State Board”) has announced that it...more

"Renewable Energy Project Warehouse Facilities Are on the Rise"

An important development in the financing of solar, wind and other renewable energy projects in 2015 was the use of a flexible investment and financing vehicle referred to as a “warehouse.” Akin to traditional warehouse...more

Win for Wind on Taxes: Federal Income Tax Wind Farm Production Credit Extended for 2015 through 2019 - "Phase-Out" Limits Credit...

Wind farm electric generation facilities in Oklahoma have received a favorable federal income tax credit extension. The federal income tax credit for production of electricity by a qualified facility from wind...more

Supreme Court of Texas Rules Installation of Faulty Product Not Covered by Standard CGL Policy

In U.S. Metals, Inc. v. Liberty Mutual Group, Inc., No. 14-0753, 2015 Tex. LEXIS 1081 (Tex. Dec. 4, 2015) the Supreme Court of Texas ruled that installation of a faulty component does not cause physical injury to the...more

Energy Newsletter - December 2015

Guaranteed Sunshine: Performance and Testing of Solar Power Projects - This article is the third of three articles on solar power projects and discusses testing and performance guarantees in the context of engineering,...more

The Historic Drought Has Killed Your Lawn, Will It Do The Same To The Construction Industry?

After three years of a historic drought, Californians are now subject to mandatory water rationing, bans on washing cars, and water “only on request” at restaurants. In 2015, California saw a number of new laws, regulations...more

Public Projects in Turmoil: The Saga Of The Bay Bridge, Delta Tunnels, and High Speed Rail Would Make A Compelling Reality TV Show

It took nearly twenty-five years for the Bay Bridge to become a reality and before the paint was even dry on the self-anchored suspension span questions had already been raised about the design and seismic safety of the...more

"Congress Extends Renewable Energy Tax Credits"

On December 18, 2015, President Barack Obama signed into law the Consolidated Appropriations Act, 2016 (Act), which extends and modifies the investment tax credit for solar energy property, the production tax credit for wind...more

Wind and Solar Energy Tax Credits Extended

On Friday, December 18th, President Barack Obama signed into law the $1.1 trillion Consolidated Appropriations Act of 2016, which extended and also phased down certain renewable energy investment tax credits (ITC) and...more

New Law Streamlines Federal Permitting and Environmental Review Processes

Major infrastructure developers received a notable holiday gift from Capitol Hill and the White House earlier this month with the December 4, 2015 enactment of the Highway Authorization Act. Title XLI of the Act promises to...more

Guaranteed Sunshine: Performance and Testing of Solar Power Projects

This article is the third of three articles on solar power projects and discusses testing and performance guarantees in the context of engineering, procurement and construction (“EPC”) contracts for solar photovoltaic power...more

Sustainability in Retail: Going Strong and Expected to Continue

The COP21 meeting has been underway for the last week, with just a few more days left to go. The meeting, an annual session which started following the 1992 United Nations Framework on Climate Change, brings together...more

California Supreme Court Charts New Course For Climate Change Analysis

Court endorses significance threshold based on consistency with statewide GHG reduction goals, but nonetheless invalidates State EIR utilizing that threshold. On Monday November 30, 2015, the California Supreme Court...more

OSHA Vows Continued Enforcement As Work Fatalities Rise

Secretary of Labor Thomas E. Perez has sworn to continue the Occupational Safety & Health Administration’s (“OSHA) stepped up enforcement campaign in the construction and oil and gas industries after newly released data...more

Global infrastructure: South Korea's vision - South Korea: Building for the future

South Korea is taking big strides globally with infrastructure financing, as both state-owned agencies and private banks fuel new investment in major ventures. With projects under way in countries as far flung as Mexico,...more

[Event] OSHA Forum & Webinar - Nov. 5th, Houston, TX

BakerHostetler’s inaugural OSHA Forum is designed to keep the regulated community abreast of key OSHA-related issues across the country and inform their members of emerging trends. The Forum also tracks important enforcement...more

Massachusetts State Building Code Update: 9th Edition Anticipated to be Issued without Concurrency Period

The Massachusetts State Board of Building Regulations and Standards (the “State Board”) has announced that it expects to issue the 9th Edition of the Massachusetts State Building Code in the first half of 2016, which will...more

California Governor Signs Legislation Establishing Significant New Energy Goals

Law Sets Standards Aimed at Addressing Climate Change - Today, Gov. Jerry Brown signed SB 350 into law, setting two ambitious climate change-related goals: a 50 percent increase in building energy efficiency, and a...more

Justice Department Recovers Nearly $6 Billion From False Claims Act Cases in 2014

The U.S. Department of Justice (DOJ) obtained a record $5.69 billion in settlements and judgments from civil cases involving fraud and false claims against the government in fiscal year 2014. This marks the first time the DOJ...more

Federal Agencies Announce Steps to Expedite Reviews of Infrastructure Projects

On September 22, the Administration announced two new policies that will facilitate a more transparent and efficient permitting and review process for complex infrastructure projects. First, federal agencies announced...more

Court Limits Migratory Bird Treaty Act Applicability to Incidental Take

On September 4, 2015, the US Court of Appeals for the Fifth Circuit issued a ruling in United States v. CITGO that a “taking” subject to prosecution under the Migratory Bird Treaty Act (MBTA) does not include the...more

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