Environmental General Business Construction

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The Announcement of Criminal Charges against Lumber Liquidators Underscores the Need for Lacey Act Compliance

On Wednesday, April 29, 2015, Lumber Liquidators announced in its most recent 10Q that the United States Department of Justice plans to pursue criminal charges surrounding allegations the company illegally imported wood in...more

Williams Mullen Construction Industry Newsletter - Winter/Spring 2015

In this Issue: - Welcome - Williams Mullen Announces Coastal Flooding Practice - Federal Government Contracts - New Challenges - Green Certification - Bankruptcy and Virginia...more

Climate Change Adaptation: Massachusetts Releases New Policies to Address

In one of our prior posts, we reported on efforts by Boston and New York City, in the wake of Hurricane Sandy, to undertake comprehensive climate change preparedness planning to review the vulnerabilities of each city’s built...more

Pennsylvania’s Act 162 Creates Alternative to Riparian Buffers for Compliance with Clean Streams Law

In October 2014, the Pennsylvania legislature passed and the governor signed Act 162 of 2014, which amended the Clean Streams Law. Effective December 21, 2014, developers proposing an earth-disturbance activity near special...more

Construction & Land Use Newsletter - December 2014

In This Issue: - Protecting Your Brand: A Gift Not Reserved for the Holidays - Amendment to the Interstate Land Sales Full Disclosure Act - Changes are Coming to ISD - Arlington’s New LEED...more

Saskatchewan Prime Contractor Regulations Coming into Force January 1, 2015

On January 1, 2015, The Occupational Health and Safety (Prime Contractor) Regulations will come into force in Saskatchewan (the Prime Contractor Regulations). If you are doing business in Saskatchewan, you should...more

Continued boom or bust for Japanese renewables?

When Japan instituted the Renewable Energy Act (REA) in 2012, the stated policy was to encourage the development of renewable energy but to avoid the “boom and bust” cycles seen in other countries. Looking back, there is no...more

Smooth Operator

The successful financing, negotiation and construction of a utility-scale solar power plant are significant achievements for all parties. However, owners and providers face an entirely new set of challenges once the plant is...more

Update on California’s Green Chemistry Regulations – 3 Products in Crosshairs

California’s green chemistry law, known as “Safer Consumer Products Regulations,” is getting closer to affecting companies that do business in California. The regulations took effect on October 2013 with the goal of making...more

New Legislative Efforts to Reform Prop. 65 – A Potentially Big Change for Small Businesses

In what is turning into a year of unprecedented talk of reform to the almost 30-year-old Proposition 65, Assemblyman Brian Jones (R-Santee) has introduced AB2361. The bill would permit a company that receives a Proposition...more

Duped Subcontractor Can’t Recover From Landowner Payments Owed by General Contractor Under CERCLA

On March 18, 2014, the U.S. Court of Appeals for the Second Circuit resolved a dispute of apparent first impression regarding the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The...more

The Construction Advantage – Issue 2

We hope you enjoy Bernstein Shur’s second edition of The Construction Advantage. This newsletter will provide you with insight into the current legal issues in construction, news and updates. Our goal is to provide practical...more

LEED Rating Pops Up In Construction Dispute

The LEED rating system for green buildings made a brief cameo in a recent reported opinion arising out of a construction dispute in North Carolina. The recently decided case John Wm. Brown Co. v. State Employees’ Credit...more

Washington Energy Update - August/September 2013

In This Issue: - DOE Announces Fourth Authorization for LNG Exports to Non-FTA Nations. Does This Mean Full Steam Ahead? - FERC Addresses ISO-NE Capacity Supply Obligations, Walks a Fine Line Between Generator...more

IRS Issues Additional Guidance on When Construction Begins for Purposes of Production Tax Credit, Investment Tax Credit

The Internal Revenue Service (IRS) has issued additional guidance relating to when construction begins with respect to wind and other qualified facilities for purposes of the production tax credit and investment tax credit. ...more

Energy Law Alert: IRS Releases Notice 2013-60 With Additional Guidance For PTC/ITC Qualification

Late in the day on September 24, the IRS released a formal Notice addressing the Begun Construction requirements to qualify for the Production Tax Credit and Investment Tax Credit. Notice 2013-60 clarifies an earlier Notice...more

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

The IRS has released additional guidance (IRS Notice 2013-60) on satisfying the new “beginning of construction” requirement for the renewable energy production tax credit under Code Section 45 (PTC) and energy investment tax...more

IRS Clarifies Guidance on Beginning Construction of a Qualified Energy Facility for Production Tax Credit and Investment Tax...

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

IRS Notice 2013-60 Clarifies Rules on Beginning of Construction

On September 20, 2013, the U.S. Department of the Treasury (“Treasury”) released Notice 2013-60, which clarifies in important ways the eligibility rules applicable to the investment tax credit (“ITC”) and production tax...more

IRS Updates Renewable Energy Tax Credit Beginning of Construction Guidance

On September 20, 2013, the Internal Revenue Service (IRS) issued Notice 2013-60, which provides additional guidance that will help developers and purchasers of renewable energy facilities meet the beginning of construction...more

IRS Clarifies “Begun Construction” Guidance for PTC and ITC Eligibility (Notice 2013-29)

On September 20, 2013, the IRS released Notice 2013-60, which clarifies the IRS’s original guidance regarding the eligibility requirements for the production tax credit (PTC) and investment tax credit (ITC) for certain...more

IRS Provides Helpful Clarification to PTC “Start of Construction” Rules

On September 20th, the IRS in Notice 2013-60 clarified three critical issues in its guidance as to whether a wind project (or other type production tax credit (PTC) eligible project) is considered to have “started...more

New Paint Collection Program Enacted In Maine, Effective In 2015

Joining a growing list of western and New England states, Maine has just enacted a paint collection program for “post-consumer” paint....more

New Jersey Board of Public Utilities Rejects Agreement on Offshore Wind Project

On July 19, 2013, the New Jersey Board of Utilities (the Board) rejected a stipulated agreement that would have allowed New Jersey’s first offshore wind energy project to move forward. The Board’s failure to approve the...more

Unwelcome Outcomes For Organisations That Fail To Take Into Account Climate Legal Risk (Australia)

We recently provided a client update on the Queensland Planning and Environment Court decision of Rainbow Shores P/L v Gympie Regional Council & Ors1 (view here). The decision in Rainbow Shores provides an example of what...more

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