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

IRS Releases 2017 Section 45 Production Tax Credit Amounts

On April 12, 2017, the Internal Revenue Service (IRS) published the 2017 inflation-adjustment factors and reference prices used in the calculation of renewable energy production tax credits under IRC section 45. That guidance...more

CA Court of Appeal’s Split Decision Upholds CARB Cap-and-Trade Program

by Perkins Coie on

In a 2-1 decision, the California Court of Appeal, Third Appellate District, upheld the California Air Resource Board’s cap-and-trade program for greenhouse gas allowances. California Chamber of Commerce v. State Air...more

Budget 2017: Changes to Canadian Exploration Expense and Flow-Through Shares

by Bennett Jones LLP on

Canadian exploration expenses (CEE) are certain types of expenses incurred by oil and gas, mining and renewable energy corporations. CEE is 100 percent deductible in the year the expense is incurred. Certain types of CEE also...more

Indonesian feed-in tariffs – New rules may under-power the renewables sector

by DLA Piper on

Indonesia's new feed-in tariffs (FITs) for renewable energy present a conundrum. Will renewables flourish or fade in the new revenue environment? Investors will not welcome the lower tariffs under the new regime, but state...more

Investing in renewable projects in Europe - January 2017

by Dentons on

The renewable energy market never stands still. Technical advances and the increased prevalence of competitive tendering mechanisms are driving down costs globally. Changes in political and economic conditions can transform...more

Non-compliance with carbon market rules could result in substantial penalties

by Dentons on

Ontario’s cap and trade program, which launched in January 2017, includes a number of rules regarding participation in the carbon market where emission allowances and offset credits are bought and sold. The stated purpose of...more

New Indonesian feed-in tariffs: Will renewables benefit?

by DLA Piper on

In January 2017, the Indonesian Minister of Energy and Mineral Resources introduced new feed-in-tariff (FIT) and procurement schemes for a range of renewable energy sources. The Minister issued a new renewable energy...more

The Changing Climate is Changing the Way Financial Institutions Assess Risks and Opportunities

by Bryan Cave on

The financial sector is beginning to face up to the reality of climate change. Increasingly, banks and other financial institutions are managing the immense pool of capital they control with an eye towards the risks posed –...more

Coal Plant Shutdown: Owners and Operators Need Vision – Part I

by McCarter & English, LLP on

PDF Version Coal plant owners and operators can make a plant shutdown easier by planning now for the site’s future. This plan, or Vision, can help expedite shutdown efforts, reduce costs, improve relations with the local...more

Key Decision on Corporate Separateness – English High Court Decides Not to “impose liability in an indeterminate amount, for an...

by Latham & Watkins LLP on

In a highly anticipated judgment, the English High Court has ruled that Royal Dutch Shell (RDS), a holding company that is the ultimate parent of the Shell Group, does not owe a duty of care to residents of the Niger Delta in...more

Sustainability Reporting Trends in the New Year – ’16 going on ‘17

by Foley & Lardner LLP on

If you’re feeling uncertain or confused about the future of sustainability reporting in the United States, you’re not alone. With the business world’s adoption of sustainability reports moving full steam ahead—and increasing...more

IRS Further Updates Beginning of Construction Guidance for Renewable Energy Tax Credits

On December 15, 2016, the Internal Revenue Service (IRS) issued Notice 2017-04, which updates prior guidance regarding the beginning of construction requirement for renewable energy tax credits under IRC sections 45 and 48. ...more

IRS Issues Additional Guidance on Beginning of Construction Rules for Renewable Projects

by McDermott Will & Emery on

On December 15, 2016, the Internal Revenue Service released Notice 2017-04, which provides welcome guidance on how to meet the “beginning of construction” requirements for wind and other qualified facilities. There has been...more

IRS Issues Welcome Guidance on “Continuity Safe Harbor” for Wind Energy Projects

by Latham & Watkins LLP on

New rules provide wind developers with additional time to satisfy a critical safe harbor. On December 15, 2016, the Internal Revenue Service (IRS) issued Notice 2017-4, which modifies the “continuity safe harbor” as set...more

Renewable Energy Investor Group Asks FERC to Designate Certain Passive Equity Interests in Public Utilities as “Non-Voting...

On December 9, 2016, a group of investors in renewable energy projects (“Petitioners”) asked the Federal Energy Regulatory Commission (FERC) to find that certain non-managing (i.e., passive) “tax equity” interests in public...more

IRS Updates “Beginning of Construction” Guidance

by Stoel Rives LLP on

The IRS today issued highly anticipated guidance updating the “beginning of construction” requirement for the production tax credit (PTC) under Section 45 of the Internal Revenue Code (the Code) and the investment tax credit...more

Saudi Arabia unveils new US$50 billion water desalination programme - The Kingdom to offer privatisations as well as new water...

by King & Spalding on

The Ministry of Environment, Water and Agriculture of Saudi Arabia has announced a new water desalination programme involving private sector participation worth over an estimated US$50 billion. The programme will be...more

Energy incentives and opportunities to invest in renewable technologies

by DLA Piper on

Opportunities to invest in the renewable energy sector in the United Kingdom have shifted quite dramatically since March 2015. Severe cuts to the Feed in Tariffs (FITs) scheme and the closing of the Renewable Obligations...more

ICYMI: Energy & Environmental News Roundup

Oil & Gas - Murray Energy Closes $63.6 Million Asset Sale of Utica Oil and Gas Reserves - On Wednesday, October 26, 2016 Murray Energy Corporation announced that it had entered into an agreement to sell around 5,900...more

1603 Cash Grant Applications Underpaid

On October 31, 2016, the Federal Court of Claims ruled that the U.S. Department of the Treasury underpaid 1603 cash grant applications made in respect of the Alta Wind Energy Center by approximately $206 million. The...more

Alta Wind Wins Cash Grant Dispute in Court of Federal Claims – Awarded US$206 Million

by Latham & Watkins LLP on

Favorable decision clarifies the value of cash grants and investment tax credits for renewable energy projects. A large wind developer won a significant victory in the Court of Federal Claims on October 28 in a case that...more

Limitations on Community Association-Imposed Solar and Renewable Energy Restrictions

Due to its climate, Florida – the “Sunshine State” – is ideally situated to take advantage of unlimited and environmentally friendly solar energy. In the last two decades, the price of solar collectors has dropped...more

Australia: a rapidly changing power market

by DLA Piper on

Australia is a fascinating case study in the global energy sector. Factors including Federal and State government incentives have driven rapid uptake of renewable generation and other emerging technologies, making Australia...more

Development of court practice regarding property tax on energy-efficient buildings

by Dentons on

On 16 September 2016 the Commercial Court of Kemerovo Region delivered a decision in case No. A27-13534/2016. In the context of the case, the court considered a dispute between OOO Novostroy and the Federal Tax Service...more

Investigators Continue to Scrutinize Climate Change Disclosures

Critics Claim “Intimidation” - Earlier this month, on September 14, 2016, feuding parties gathered before the House Committee on Science, Space and Technology to address the legitimacy of subpoenas sent to the New York...more

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