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U.S. Export-Import Bank Financing of Australian LNG Project Avoids Endangered Species Act Challenge – For Now

In the K&L Gates’ Global Government Solutions 2014 Annual Outlook, we reported on a case filed in the U.S. District Court for the Northern District of California raising questions about whether inter-agency consultations...more

Drilling Bill Fails in Assembly

SB 1096 (Jackson), which sought to foreclose the possibility of oil drilling in state waters from wells that could be drilled at Vandenberg Air Force Base, was defeated in the Assembly on Tuesday...more

The Wait Is Over: Liable Parties Can Now Seek Early Contribution Claims Without New Jersey Department of Environmental Protection...

The recent Supreme Court of New Jersey ruling in Magic Petroleum v. Exxon Mobil demonstrates a trial court’s ability to allocate liability to “dischargers” while maintaining the role of the state’s Department of...more

ML Strategies Energy and Environment Update - August #3

This week, ML Strategies’s Director of Government Relations, Bryan Stockton, provides an update on the clean energy provisions in the Senate’s tax-extenders package and details scenarios for their extension as the midterm...more

The Yield Created by the Yieldco

In our post on August 19, “Yieldcos – The New “Promised Land” of the Renewable Energy Space?”, we explored the Yieldco structure and why some renewable energy companies are considering them. We will now turn our attention to...more

California Environmental Law and Policy Update - August 2014 #6

Environmental and Policy Focus: U.S. EPA settles case over destruction of rare Central Valley wetlands: EPA - Aug 14: The U.S. Environmental Protection Agency and the U.S. Department of Justice today announced a...more

The Water Values Podcast: Rolling Out AMI in San Francisco with Alison Kastama and Heather Pohl (Part 1) [Video]

Alison Kastama, a communication manager with the San Francisco Public Utilities Commission (SFPUC) and Heather Pohl, a project manager at SFPUC for the Automated Water Meter Program, join The Water Values Podcast for the...more

Energy & Environment Update - August 2014 #3

In This Issue: - Extenders Déjà Vu: Fate of Expired Clean Energy Tax Provisions Closely Tied to Election - Congress - Administration - Department of Commerce - Department of Energy -...more

SB-1281 Amended to Remove Requirement for Oil, Gas Drillers to Use Recycled Water

SB-1281 faced strong industry opposition due to the bill’s requirement that oil and gas drilling companies use recycled water for new operations during drought emergencies. Industry representatives have stated that such...more

Ninth Circuit Court Of Appeals Rules That Emission Of Locomotive Diesel Particulate Matter Is Not Disposal Under RCRA

In a unanimous decision, the U.S. Court of Appeals for the Ninth Circuit on August 20, 2014, upheld a lower court’s ruling and rejected an attempt by several environmental groups to use the citizen suit provision under the...more

Water Bond Only a Part of California’s Water Problem Solution

The water bond is not the complete solution to California’s water problems, but there is no single solution to California’s water problems. Making California’s water use sustainable in an uncertain future will require a...more

Oregon wave energy project surrenders license

Ocean waves contain tremendous amounts of energy that could be harnessed by humans -- but difficulties have led a pilot project proposed off the Oregon coast to surrender a key federal license....more

City of San Diego's Settlement Over Alleged MS4 Permit Violations Results in Crackdown on Out-Of-Compliance Projects

On August 13, 2014, the San Diego Regional Water Quality Control Board approved a two-part settlement with the City of San Diego for violations of the City's Municipal Separate Storm Sewer System ("MS4") permits. Most of the...more

A Provisional Winner of an Offshore Wind Lease is Announced and that Means the Goal Line is Still Far Off

Offshore wind took another small step forward last week when US Wind was announced as the provisional winner of the US Bureau of Ocean Energy Management's August 19 auction of development rights to nearly 80,000 acres off of...more

Colorado State Court Strikes Down a Second City-Wide Fracking Ban

A Colorado state judge recently struck down a city’s voter-approved moratorium on hydraulic fracturing, or “fracking.” This marks the second time a Colorado judge has quashed a city’s fracking ban within a matter of two...more

Renewable Energy Update -- August 2014 #4

Renewable Energy Focus - Solar plant's downside? Birds igniting in midair: CBS News - Aug 19: Workers at a state-of-the-art solar plant in the Mojave Desert have a name for birds that fly through the plant's...more

IRS Clarifies and Expands "Beginning Construction" Tests for Production Tax Credit and Investment Tax Credit

In 2013, the Internal Revenue Service established two “beginning construction” tests – a physical work test and a 5% safe harbor test – to determine eligibility for the production tax credit (PTC) and investment tax credit...more

Renewable Energy Update -- August 2014 #5

Renewable Energy Focus - Los Angeles' city-owned electric utility raises its energy efficiency ambitions: Energy Collective - Aug 13: The five-member Board of the Los Angeles Department of Water and Power (LADWP) has...more

IRS Releases New Guidance on Beginning of Construction

The IRS recently released Notice 2014-46 (the Notice) which provides welcome guidance to tax equity investors and developers on the construction of wind, geothermal, biomass, landfill gas and certain hydropower and marine...more

California Environmental Law and Policy Update - August 2014 #5

Environmental and Policy Focus: The California Supreme Court further limits the scope of CEQA review for voter-sponsored initiatives: Allen Matkins - Aug 11: Voter-driven initiatives meeting California Elections Code...more

New NREL Study Shows New Potential For Lignin

On August 20, 2014, DOE's National Renewable Energy Laboratory (NREL) announced a new NREL study demonstrating a potentially more economical way to use lignin to make renewable fuels and products....more

IRS Comments on its PTC Start of Construction Guidance

On August 20, the American Wind Energy Association (AWEA) held a webinar to discuss Internal Revenue Service (IRS) Notice 2014-46, which clarified the rules for wind projects to be grandfathered for production tax credit...more

HUD Notice has potential to encourage broad PHA renewable energy rollout

Housing authorities that are seeking alternate energy sources or new funding streams will be particularly interested in HUD’s latest PIH notice. It ushers in a number of programmatic changes in an effort to increase the use...more

You Can’t Estop the Government — Even When It Wants to Be Estopped

Last week, the 9th Circuit Court of Appeals issued a decision that arguably explains everything from why the Tea Party exists to why otherwise calm and sane executives suddenly lose all their hair. Perhaps most astounding,...more

EPA Refuses to Amend Its Backup Generator Rule: Demand Response Breathes Easier

Last Friday, EPA published notice that it would not be revising its regulations on backup generators in response to three petitions for reconsideration it had received after it promulgated its final rule in January 2013. The...more

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