Energy & Utilities Finance & Banking

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Mello-Roos May Be Used to Fund Condemnation Action of Private Utility Provider

Those of us living in newer neighborhoods are familiar with Mello-Roos – it shows up on our annual tax bills as a way to pay off bonds issued to finance various public improvements, such as schools, streets, and parks that...more

New York State Passes Budget that Continues Tax Incentives for Solar Installations

Last week, New York State enacted a budget for the fiscal year 2015-16 (i.e., April 1, 2015 to Mar. 31, 2016) that continues two tax incentives for the installation of solar energy systems: (1) tax credits...more

Energy Bulletin (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Oil companies may need to prepare for more regulation of rail shipments of...more

The Next Six Weeks in Congress

The House and Senate return this week from the annual Spring Recess, with the Senate scheduled to be in session for the next six weeks and the House in session for three weeks, off for one week, and then returning for another...more

Mexico’s Energy Revolution Series: A Liberalized Electricity Sector - April 2015

In This Issue: - Introduction - A Revamped Institutional Architecture - New Makeup of the Electricity Supply Chain .. Generation .. T&D Network .. Retailing - A note of...more

Going from A to A+: SEC Approves Amendments to Regulation A

On March 25, 2015, the U.S. Securities and Exchange Commission unanimously adopted final rules to amend Regulation A, as mandated by Title IV of the Jumpstart Our Business Startups Act (JOBS Act). Whereas the existing...more

SEC Files Offering Fraud Action

The Commission filed another offering fraud action tied to the sale of interests in the development of oil and gas wells prior to the recent downturn in the price of oil. Beginning in 2010 the defendants raised about $4.4...more

Renewable Structures: Choices and Challenges

Since the first wind deal utilizing a partnership in 2003 (also known as a “partnership flip,” a “pre-tax after-tax partnership,” or a “wind safe harbor partnership structure”), there has been a constant evolution of...more

A Skimmed Plan Nord: Keeping in Line with Quebec’s Current Economic Landscape

The Quebec government first launched its Northern Plan, le “Plan Nord”, in 2011 with great fanfare. The Plan Nord seeks to develop Quebec’s vast territory north of the 49th parallel, which covers 72 per cent of the province...more

UK 2015 Budget – Changes to the North Sea Tax Regime

In a move designed to breathe life into the United Kingdom’s North Sea oil and gas industry, the United Kingdom’s Chancellor of the Exchequer has announced a suite of tax cuts as part of the 2015 Budget. The cuts are a...more

Schlumberger and PayPal Settlements Reinforce Breadth of Sanctions Compliance Challenges

Last week, U.S. authorities settled criminal charges against a subsidiary of Schlumberger Ltd. and civil claims against PayPal, Inc. Federal authorities alleged that these companies violated U.S. embargoes and other economic...more

Framework Agreement reached over Iran’s Nuclear Programme

On 2 April the P5+1, the European Union and Iran agreed to a framework for a Joint Comprehensive Plan of Action (JCPOA framework) regarding Iran’s nuclear programme. Further detail on the JCPOA framework can be found in the...more

Will U.S. Export-Import Bank Financing of Australian LNG Projects be Cast Adrift on the “High Seas” by the Endangered Species Act?

We have previously reported on cases in which opponents to energy projects continue to expand their challenges to include not just direct sponsors of the projects, but their financial supporters as well. In particular, we...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Supplemental Budget Bill Approved, On Governor's Desk - On Tuesday lawmakers approved a...more

Italy: GSE Claims Reimbursement of FiT Payments from Conto Energia I Plant Owners

Owners of early generation Conto Energia I photovoltaic (PV) plants are currently receiving letters from the Gestore dei Servizi Energetici (GSE) announcing that it will adjust the Feed-in Tariff (FiT) downwards and claim...more

PACE Financing to Jump-Start Rooftop Solar?

PACE loans can cover up to 100% of the cost of a project, depending on the specific program and the particular project. Similar to other assessments, a PACE assessment runs with the property and can be transferred to a...more

Key Issues and Considerations in Developing Petrochemical Projects in Newly Emerging Markets

This article provides a brief overview on some of the key issues and considerations that will need to be analysed by foreign sponsors (the “Foreign Sponsors”) looking to develop petrochemical projects in newly emerging...more

U.S. Renewable Energy Financing And Regulatory Outlook 2015

Orrick and Clean Energy Pipeline have launched a series of reports dedicated to exploring investment opportunities and challenges in the global renewable energy sector. In the first issue, we analyzed the investment...more

DOE’s New $55 Billion ESPC Solicitation - A Move from “Show me the Money” to “Share the Money”

On March 23, 2015, the U.S. Department of Energy (DOE) released a Request for Proposals (RFP) for the implementation of energy savings performance contracts (ESPCs) at any U.S. federal government site worldwide. The intent is...more

Arbitration Roundup

Emilio v. Sprint Spectrum L.P., Case No. 14-732-cv (2d Cir. Nov. 12, 2014) (affirming denial of motion to vacate award; district court did not err by finding that arbitrator did not exceed powers nor manifestly disregard law...more

Mexico’s Energy Revolution Series: Mexico's Oil and Gas Exploration and Production

In This Issue: - Introduction - A Monumental Constitutional Amendment - Understanding the New Risk Contracts - Navigating the Regulatory Environment - Investment...more

4 Key Restructuring Considerations for Distressed E&P Companies

“For distressed exploration and production (E&P) companies and their lenders, there can be many significant legal issues associated with restructuring,” according to Latham & Watkins partner Mitchell Seider. Seider is...more

Law Amends Property Assessed Clean Energy (PACE) Programs in Virginia

On March 25, 2015, Virginia Governor Terry McAuliffe signed into law Chapter 389 of the 2015 Acts of Assembly (the Amendments). The Amendments modify Virginia's existing laws regarding property assessed clean energy (PACE)....more

USGS’s Increase of Texas’s Earthquake Risk Level: Commercial Real Estate and Insurance Implications

Before 2008, the greater Dallas Fort Worth area, known as the Fort Worth Basin, was almost entirely void of seismic activity. Between 1950 and 2008, the only seismic activity on record was an insignificant event that experts...more

Change of control: developments in the United Kingdom

Why is change of control an issue? In addition to contractual provisions amongst joint venture parties, change-of-control restrictions are often also included in a country’s petroleum laws....more

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