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Energy & Utilities Tax

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

Energy Update - May 2017

by Shearman & Sterling LLP on

We are pleased to release the latest issue of our client newsletter, Energy Update, designed to inform clients and friends of the firm about important developments affecting US and international energy markets. Please see...more

Renewable Energy Update - May 2017 #2

by Allen Matkins on

Renewable Energy Focus - EIA charts utility-scale solar’s ‘rapid’ five-year growth - Solar Industry Magazine - May 4 - U.S. utility-scale solar installations, including both photovoltaic (PV) and thermal...more

Wind in the Sails of Offshore Wind Farms: Recent Developments in Incentives for Offshore Wind Generation

On May 11, 2017, Senators Edward J. Markey (D-Mass.) and Sheldon Whitehouse (D-R.I.) introduced the Offshore Wind Incentives for New Development Act or, simply, the Offshore WIND Act (here). The Offshore WIND Act would...more

Senator Wyden Introduces “Clean Energy for America Act”

Senate Finance Committee Ranking Member Ron Wyden (D-OR) recently introduced the “Clean Energy for America Act,” which aims to create a new technology neutral system for federal tax credits for clean energy, clean fuel, and...more

Sustainable Development Update - May 2017 #2

by Allen Matkins on

Sustainable Development Focus - How green infrastructure manages stormwater, enhances property values - Urban Land - May 3 - The growing involvement of the real estate industry in helping municipalities manage...more

Stability For Calif. Cap-And-Trade Program, For Now

The future of California’s cap-and-trade program looks a little brighter, thanks to a 2-1 vote of the Court of Appeal for the Third Appellate District on April 6. The decision, which held that the cap-and-trade program is...more

The New South Carolina Gas Tax

by McNair Law Firm, P.A. on

South Carolina’s gas tax is one of the lowest in the country. The result is the deplorable condition of the state’s highway system and roads. South Carolina is a conservative state, politically, and any tax increase, gas or...more

Challenge to California's Cap-and-Trade Emission Allowances Auction Rejected on Appeal

by Jones Day on

On April 6, 2017, the California Court of Appeal, in a 2–1 decision, upheld the sale of greenhouse gas ("GHG") emission allowances in California's cap-and-trade program. California Chamber of Commerce v. State Air Resources...more

Maryland Enacts First in the Nation Energy Storage Tax Credit

On May 4, 2017, Maryland became the first state in the country to offer a tax credit for energy storage systems with Governor Larry Hogan’s (R) signing of Senate Bill No. 758....more

Oil & Gas Tax Alert - "Trump's 15% Pass Through Tax Proposal: Say Goodbye to Joint Operating Agreements?"

by Porter Hedges LLP on

On Wednesday, April 26, President Trump submitted his tax reform proposal which is, for now, only about 100 words long. It contemplates a number of sweeping changes to the tax code. On the business side, these include a 15%...more

NC Legislative Update: May 2017

by Nexsen Pruet, PLLC on

This Week - Longtime legislative reporter Mark Binker, most recently editor of the The Insider, passed away unexpectedly this past Saturday at 43 years old. Mark was a friend to many including the Nexsen Pruet Public...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

3% Surcharge To Cause Loss of Revenue, Not Gain - On Monday, May 1, the Maine Revenue Forecasting Committee reported to the Governor and Legislature on first quarter estimated individual income tax payments. ...more

Bipartisan Bill Introduced To Reform The Biodiesel Tax Credit

On April 26, 2017, a bipartisan bill was introduced in the U.S. Senate to reform the biodiesel tax credit and extend the new policy for three years. The American Renewable Fuel and Job Creation Act of 2017, which was...more

Boletín Mensual de Comercio Internacional: Abril - Información con énfasis en la Regulación Comercial y de Arbitraje Internacional

by Holland & Knight LLP on

Durante el mes de abril destacan los siguientes temas: Comercio, Acceso, Propiedad Intelectual, Competencia Económica, Arbitraje...more

Funds Talk: May 2017 - The ‘Commercially Reasonable Efforts’ Standard as Defined by the Delaware Supreme Court

In its recent decision in The Williams Cos., Inc. v. Energy Transfer Equity, L.P., et al., the Delaware Supreme Court offered guidance on the interpretation of the “commercially reasonable efforts” standard in a merger...more

FY2018 Massachusetts Budget Update: The House Budget

On April 25, 2017, the Massachusetts House of Representatives passed a $40.829 billion FY2018 budget by vote of 159-1. Over two days of debate, the House considered 1,210 amendments to pass a final budget that spends...more

Debt Dialogue: April 2017 - The ‘Commercially Reasonable Efforts’ Standard as Defined by the Delaware Supreme Court

In its recent decision in The Williams Cos., Inc. v. Energy Transfer Equity, L.P., et al., the Delaware Supreme Court offered guidance on the interpretation of the “commercially reasonable efforts” standard in a merger...more

Maryland Likely to Become First State to Adopt Energy Storage Tax Credit

by McDermott Will & Emery on

In April, the Maryland legislature passed a bill creating a state income tax credit for the costs associate with installing an energy storage system. Governor Larry Hogan is expected to sign it into law. Unlike measures in...more

Texas Supreme Court Confirms That Commerce Clause Does Not Prohibit Levying Of Property Taxes On Stored Natural Gas

Will the U.S. Constitution’s Commerce Clause always insulate interstate commerce from the imposition of state and local taxes? Not always, as the Texas Supreme Court recently confirmed, when it agreed with the Court of...more

IRFA Concerned By Bill To Cap Iowa Biofuel Tax Credits

On April 13, 2017, the Iowa Renewable Fuels Association (IRFA) released a statement regarding the passage of a bill, HSB 187, by the Iowa House Appropriations Committee that would cut the value of the Iowa biofuels tax...more

Renewable Energy Update - April 2017 #4

by Allen Matkins on

Renewable Energy Focus - Union of Concerned Scientists tracks renewables by state - Power Markets Today - Apr 21 - The Union of Concerned Scientists (UCS) released a report yesterday called "Clean Energy Momentum" that...more

Oklahoma State PTC Ends for Wind Projects Not Operating Prior to July 1, 2017

On April 17, 2017, Oklahoma Governor Mary Fallin signed into law House Bill No. 2298, which moves the deadline for a wind project to be operational to qualify for the state’s production tax credit for wind power to June 30,...more

ATO wins Full Federal Court decision on Cross Border Financing - Chevron Australia Holdings case

by DLA Piper on

In a major Australian transfer pricing decision on Friday 21 April 2017, the Full Federal Court dismissed Chevron Australia Holdings Pty Ltd's (CAHPL) appeal related to the deductibility of interest on the Australian dollar...more

Evaluating Tax Reform Proposals and Their Potential Impact on the Energy Sector

by Faegre Baker Daniels on

It has been over thirty years since the last major overhaul of the U.S. tax code, President Reagan's Tax Reform Act of 1986. That process took over two years and required cooperation between the President and both parties in...more

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

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