Energy & Utilities Construction

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.
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Sustainable Development Update - April 2016 #3

Sustainable Development Focus - How cities are taking the lead on green building - Wall Street Journal - Apr 28 - Cities in the U.S. are leading the way on climate and energy policies—especially policies...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

NEW REGULATORY DEVELOPMENTS - Federal - Draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges - All 10 EPA regions are seeking public comment on the draft 2017...more

Energy Newsletter - April 2016

Managing In-Project Disputes in Major Construction Projects - What do you do when an unforeseen event threatens to increase the costs or time necessary to complete a major construction project? At first, it may seem...more

Energy Technology Connections Newsletter: Your Law Firm Link to Industry News - April 2016

A Note from the Editors - Our April edition of Energy Technology Connections brings you recent industry highlights and a list of upcoming energy industry events. In Leaders in the News, we profile WellDog for its work in...more

Sustainable Development Update - April 2016

Sustainable Development Focus - Green Buildings are good for the environment, occupants, and the bottom line - CBRE - Apr 14 - Green buildings are good for the environment—that is well known. But what benefits...more

Il nuovo Codice degli Appalti Pubblici

With the Legislative Decree n. 50 of 18 April 2016 "Implementation of directives 2014/23 / EU, 2014/24 / EU and 2014/25 / EU on the award of concession contracts, on public procurement and procurement by entities operating in...more

OSHA’s Crystalline Silica Rule: Compliance Clock Ticks While Legal Challenges Mount

The Occupational Safety and Health Administration (OSHA) published its final rule on “Occupational Exposure to Respirable Crystalline Silica” (the “Silica Rule”) on March 25, 2016, and as expected numerous manufacturing...more

West Coast Real Estate Update: April 2016 #1

Residential Communities: Calderon Process for HOAs Likely to Be Extended Again - The California Assembly Committee on Judiciary in early April unanimously passed Assembly Bill (AB) 1963 to extend the pre-litigation...more

A Beginner’s Guide to OSHA’s Final Silica Rule

On March 24, 2016, the Occupational Safety and Health Administration (OSHA) announced its final rule on occupational exposure to respirable crystalline silica. The rule was published in the Federal Register on March 25, 2016....more

The Business of Water Service

If you turn a water faucet handle, you expect that clean water to pour forth. If you flush a toilet, you expect waste to disappear. If these are your expectations, you are likely a business customer of a local government....more

OSHA Law Alert: OSHA Issues Final Silica Rule

OSHA has announced the finalization of its long-awaited silica rule. When it takes effect on June 23, 2016, the rule will (1) reduce the permissible exposure limit for crystalline silica; (2) require employers to implement...more

OSHA Issues Final Silica Rule: What’s the Same and What’s Changed?

On March 25, 2016, the Occupational Safety and Health Administration (OSHA) published in the Federal Register its final rule on occupational exposure to respirable crystalline silica. U.S. Secretary of Labor Thomas E....more

FERC Conference to Address Implications of Binding Transmission Development Bids

FERC rejected a transmission developer’s request that binding revenue requirement transmission project bids should be deemed just and reasonable and subject to Mobile-Sierra protections, but announced a technical conference...more

4 Considerations for Mechanic's Liens on Alternative Energy Projects

Securing payment is critical for contractors, and contractors, subcontractors and suppliers often rely on their mechanic’s lien rights. However, on wind and solar electrical generation projects, unusual considerations can...more

Issues for consideration: EPC contracts and technology licenses in petrochemical projects

In petrochemical projects, the engineering, procurement and construction (EPC) contracts are often negotiated after the technology licenses have been negotiated between the technology licensors and the project...more

Insurance Insight - Texas Supreme Court clarifies extent of coverage for construction defects under CGL policies

In a matter of first impression, the United States Court of Appeals for the Fifth Circuit certified four questions to the Texas Supreme Court arising from an insured’s claims that its liability for a refinery owner’s...more

Jordan Cove LNG Setback

In a move that surprised some industry observers, on March 11, 2016, the Federal Energy Regulatory Commission (FERC) issued an order (the “Order”) that (i) denied Jordan Cove Energy Project, L.P.’s (“Jordan Cove”) application...more

New Developments in the Determination of the Texas Franchise Tax Liability

The Texas Franchise Tax is imposed on taxable entities that do business in Texas or that are chartered or organized in the state.  Taxpayers subject to the Texas Franchise Tax may compute their tax liabilities under several...more

FERC denies Oregon LNG project applications

U.S. energy regulators have denied applications to site, construct, and operate the proposed Jordan Cove liquefied natural gas (LNG) export terminal, an associated pipeline and related facilities slated for development in...more

Timing Is (Almost) Everything: FERC Implements D.C. Circuit Guidance on NEPA Review of Multiple Pipeline Construction Projects

In the wake of two recent D.C. Circuit decisions, the Federal Energy Regulatory Commission (FERC) has begun to implement its new policy concerning the review of natural gas pipeline construction proposals under the National...more

Inflatable flashboards meet historic dam

A hydropower project in Lowell, Massachusetts won the right to replace wooden flashboards with an inflatable pneumatic crest gate system -- and now seeks to modify provisions requiring specific actions to mitigate impacts on...more

Effects on project finance loans of the new incentive replacing Green Certificates

The entry into force of Articles 19 and 30 of the Ministerial Decree 6 July 2012 (so-called FER Decree) with effect as from January 1, 2016, which replace the green certificates scheme with a new incentive, has an impact on...more

MPSC Approved Wolverine Pipe Line Project in Wayne and Washtenaw Counties

Wolverine Pipe Line Company received the administrative approval that is a prerequisite to it acquiring necessary property rights and constructing its project. On June 17, 2015, Wolverine Pipe Line Company filed anApplication...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

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