Energy & Utilities Law, Construction Law

Trigeneration - Tips and Traps for the Uninitiated: Baker & McKenzie

by Sebastian Busa, Peter Davis, Jennifer Fitzalan, Alex Hartmann | Baker & McKenzie Australia on 5/22/2013

Given the escalating costs of energy and increasing corporate focus on sustainability, building owners and occupiers are increasingly seeking ways to produce and use energy more efficiently....more

Commercial and Residential Developers, Builders and Landlords Face New Storm Water Regulations

by Kathryn Horning | Allen Matkins Leck Gamble Mallory & Natsis... on 5/22/2013

On May 8, 2013, the San Diego Regional Water Quality Control Board approved a new municipal separate storm sewer system (MS4) permit that will have far-reaching impacts on both new development projects and existing facilities...more

U.S. Senate Passes Water Resources Development Act

by Kimberly D. Magrini, Steve Park, Brian Walsh | Ballard Spahr LLP on 5/21/2013

Hoping to address billions of dollars of necessary water infrastructure maintenance and improvements, the U.S. Senate passed the Water Resources Development Act (WRDA) on May 15, 2013....more

Senate Includes Buy American Requirement in Water Resources Development Act of 2013: Provision Would Mandate Use of American Iron,...

by King & Spalding on 5/18/2013

The United States Senate passed the Water Resources Development Act of 2013 by an overwhelming 83-14 margin on May 15, 2013. The legislation included an amendment sponsored by Senators Jeff Merkley (D-OR) and Sherrod Brown...more

Green Building Update -- May 8, 2013

by Bryan C. Jackson | Allen Matkins Leck Gamble Mallory & Natsis... on 5/10/2013

Green Building Focus - The ultimate green building eats smog - Bloomberg Businessweek - Apr 26: The Manuel Gea González Hospital in Mexico City has installed a decorative, white facade made from a sophisticated new...more

Green Building Update -- May 2, 2013

by Bryan C. Jackson | Allen Matkins Leck Gamble Mallory & Natsis... on 5/10/2013

Green Building Focus - Revolving loans would quadruple Prop 39 investments: UCLA Newsroom - Apr 18: Proposition 39, the California Clean Energy Jobs Act, passed in 2012. Prop 39 requires businesses operating in...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

IRS Construction Deadline Guidance Highlights Disparate Treatment of Renewable Energy Technologies

by Charles Henck, Darin Lowder | Ballard Spahr LLP on 5/1/2013

The IRS recently released guidance in the form of an IRS Notice implementing a rule change under the American Taxpayer Relief Act of 2012 concerning the construction deadline that renewable energy facilities must meet to...more

IRS Releases Guidance on Beginning Construction for Production Tax Credit and Investment Tax Credit

by Alan J. Tarr | Loeb & Loeb LLP on 4/30/2013

A qualified facility is eligible to receive a renewable electricity production tax credit (PTC) or energy investment tax credit in lieu of the PTC if construction of the facility begins before January 1, 2014. Qualified...more

Legal Alert: IRS Clarifies "Binding Written Contract" Definition in Renewable Energy Tax Credit Begun Construction Guidance

by David Cho, Dorothy Black Franzoni, Jonathan Goldman, Amish Shah, Ram Sunkara, Thomas Warren | Sutherland Asbill & Brennan LLP on 4/29/2013

On April 25, 2013, the Internal Revenue Service updated guidance issued on April 15, 2013, that explained how to satisfy the new “begun construction” requirement for the renewable energy section 45 production tax credit (PTC)...more

HB 85 – Act Relating to Public-Private Partnerships

by Mark Herron | Messer & Caparello, P.A. on 4/25/2013

In the wake of the recent recession, a number of states, including Florida, are exploring new and innovative solutions to the problem of insufficient funding for the construction and improvement of public facilities. At the...more

IRS Issues “Begin Construction” Guidance for Renewable Energy Tax Credits

by Jordan Collins, Bryan M. Stockton, Sahir Surmeli | Mintz Levin - Energy & Clean Technology on 4/23/2013

On April 15, 2013, the Internal Revenue Service (IRS) issued long-awaited guidance updating eligibility requirements for renewable project developers seeking to utilize the 2.3 cent/kWh Renewable Electricity Production Tax...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

TRANSACTIONAL: Bankruptcy: Contractor Insolvency Issues in Large Project Transactions

by King & Spalding on 4/19/2013

An issue that is often overlooked, but should be considered in the context of large project transactions, is the potential insolvency of contractors and subcontractors. A bankruptcy proceeding involving a key contractor can...more

IRS Releases “Start Construction” Guidance for Renewable Energy Facilities

by Douglas Davidson, Paul Gordon, Kenneth Kulak, Gabriel Quihuis, Richard Shortz, Wayne Song | Morgan Lewis on 4/19/2013

Long-awaited guidance regarding eligibility for production or investment tax credits largely tracks guidance under the Section 1603 cash grant program....more

IRS Guidance on “Beginning of Construction” for ATRA 2012 Tax Credit Extensions

by Pamela Charles | Davis Wright Tremaine LLP on 4/19/2013

The IRS has issued guidance (Notice 2013-29) on satisfying the new “beginning of construction” requirement for the renewable energy production tax credit under Code Section 45 (PTC) and energy investment tax credit under Code...more

IRS Issues Notice on "Beginning of Construction" Requirement for PTC and ITC Purposes

by Wilson Sonsini Goodrich & Rosati on 4/19/2013

On April 15, 2013, the IRS released Notice 2013-29, which addresses the requirement that construction of a qualified facility must begin before January 1, 2014, in order to be eligible for the renewable electricity production...more

IRS Releases New Guidance on Beginning of Construction

by Ellen Bastier, J. Ferd Convery , III, Arnold Grant | Reed Smith on 4/18/2013

Prior to the enactment of the American Taxpayer Relief Act of 2012 (the "Act"), the production tax credit (the "PTC") had been scheduled to expire for wind projects that were not placed in service before January 1, 2013, and...more

Amendments to the Regulations Designating Physical Activities

by Brad Gilmour, Cassia Prentice | Bennett Jones LLP on 4/18/2013

On April 12, 2013, the Canadian Environmental Assessment Agency released its Draft Regulations Amending the Regulations Designating Physical Activities (the Amended Regulations). According to the Regulatory Impact Analysis...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

Have You "Begun Construction"? IRS Issues Guidance for Renewable Energy Tax Credits

by David Cho, Dorothy Black Franzoni, Jonathan Goldman, Amish Shah, Ram Sunkara, William Warren | Sutherland Asbill & Brennan LLP on 4/17/2013

On April 15, 2013, the Internal Revenue Service ( IRS) issued much - anticipated guidance that will help developers of wind, solar, biomass and certain other renewable energy facilities qualify for federal renewable energy...more

Developers Rejoice! IRS Issues “Begun Construction” Guidance

by John A. Eliason | Foley & Lardner LLP on 4/17/2013

On April 15, 2013, the IRS released Notice 2013-29 addressing the eligibility for certain alternative energy projects to qualify for the renewable electricity production tax credit (PTC) under section 45 of the Tax Code. This...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

Green Building Update -- April 12, 2013

by Bryan C. Jackson | Allen Matkins Leck Gamble Mallory & Natsis... on 4/15/2013

Green Building Focus: ..Biofuel waste -- a new green building solution - EarthTechling - Green Tech, Green Products & Energy News - Mar 26: Engineers are working on yet another way to deliver more energy...more

EPA Revises Effluent Guidelines and Standards for Construction and Development

by Gregory Braker, Thomas Lingan, Megan Roberts-Satinsky, Margaret Strand, M. Rosewin Sweeney | Venable LLP on 4/11/2013

On April 1, 2013, the United States Environmental Protection Agency (EPA) proposed changes to the Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category (the Proposed Rule)...more

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Energy & Utilities Law › Construction Law