Environmental Construction Energy & Utilities

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SHE Matters - Summer 2015

In This Issue: - Changes to Comah Regulations - Make Sure You Are Prepared - Strengthening of Enforcement Powers Under the Environmental Permitting Regine and Tackling Waste Crime - Will You Be Affected? - The...more

Public-Private Partnerships Offer Alternative Model for Water Infrastructure Projects

In February 2012, the Commonwealth of Massachusetts completed a study of the state’s drinking, wastewater, and stormwater infrastructure needs that identified a funding gap of at least $39 billion over the next 20 years. The...more

IRS Confirms that Flip Partnership Guidelines Do Not Apply to Solar Projects

The IRS has advised that the flip partnership guidelines under Rev. Proc. 2007-65, 2007-2 C.B. 967, do not apply to solar facilities or other projects claiming the Section 48 investment tax credit (ITC). The statement, made...more

DTE Energy Issues 5-50 MW RFP

DTE Energy (DTE) announced recently that it has issued a request for proposal (RFP) for the construction of a 5-50 MW solar generating facility. While DTE is seeking proposals for projects in the city of Detroit as well...more

Renewable Energy Update - June 2015 #2

Renewable Energy Focus - Obama commits $4 billion to form clean energy investment clearinghouse: The Guardian - Jun 16: With $4 billion and a new government office, the White House has unveiled its latest clean energy...more

Green Certification: obtaining green certification for existing buildings in VA

On June 19, 2014, the U.S. Energy Information Administration released its preliminary results for the 2012 Commercial Buildings Energy Consumption Survey (CBECS). According to the CBECS, the United States currently has 87...more

Energy Efficient Buildings: It’s the Law (and a Good Idea Too)

Energy efficiency and sustainable building development and management are no longer viewed as a novel but impractical concept, or something only environmentalists long for. Improving existing buildings and constructing new...more

PHMSA Steps Up Review of Pipeline Construction

Enforcement Focus on 60-Day Notification Requirement - The Pipeline and Hazardous Materials Safety Administration (PHMSA) has stepped up enforcement efforts concerning pipeline and LNG terminal construction....more

Bill to Streamline Federal Permitting for Major Energy and Infrastructure Projects Advances in the US Senate

On May 6, 2015, the US Senate Committee on Homeland Security and Governmental Affairs voted 12-1 in favor of a bill designed to streamline the Federal permitting process for major energy and infrastructure projects. The bill,...more

Tax Day Update: 2015 Inflation Adjustments and Prices for Energy Credits Released by IRS

Just in time for tax day – but 14 days behind the Congressional deadline – the IRS released the statutorily required calculations to determine the value of the Section 45 Production Tax Credit (“PTC”) credit amount in 2015,...more

Energy Newsletter - April 2015

In This Issue: - Global Solar Energy – A Bright Future - Shared (Common) Facilities in LNG Projects - Hydropower Concessions – Long Awaited Reform - FERC's Order No. 807 Addresses Open Access And...more

New Mandate: If you like your water heater you can keep it; but replacing it will be expensive.

Effective April 16, 2015, there will be significant changes to water heater energy factor requirements as the result of updates to the National Appliance Energy Conservation Act (“NAECA”). The new requirements call for higher...more

Texas small hydro project loses exemption

What happens to a proposed hydroelectric project takes longer than anticipated to be built, due to difficulties with project financing and severe flooding? As the developer of a proposed project in Texas recently found out,...more

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

The Internal Revenue Service (IRS) issued Notice 2015-25 (Notice) on March 11, 2015, to provide further guidance on meeting the beginning of construction requirements for wind and other qualified facilities (biomass,...more

Executive Order Mandates Clean Energy Consumption at Federal Buildings

Yesterday, President Obama released an Executive Order entitled “Planning for Federal Sustainability in the Next Decade.” In short, the order mandates that heads of agency take action to promote energy conservation and...more

Are You Continuing Construction? IRS Issues Fourth Renewable Energy Tax Credit Beginning of Construction Notice

On March 11, 2015, the Internal Revenue Service (IRS) issued Notice 2015-25, which provides further guidance to assist renewable energy facility developers and investors in evaluating whether such facilities satisfied the...more

Energy and Infrastructure Companies Aren’t Waiting for the FAA’s New Drone Rules

With a little over one month to go in the comment period on the FAA’s proposed rules for the Operation and Certification of Small Unmanned Aircraft Systems, and facing the prospect of at least another year before those rules...more

IRS Issues Notice 2015-25 Extending Safe Harbor for Continuous Construction in Order to Take Advantage of Renewable Energy Tax...

Thursday, the IRS issued Notice 2015-25, which updates the guidance in Notices 2013-29, 2013-60, and 2014-46. These Notices provide that a taxpayer can show that it has “begun construction” of its qualified renewable energy...more

California Environmental Law & Policy Update - March 2015 #2

Environmental and Policy Focus: California renewable energy zone plan gets revamp after criticism: Reuters - Mar 10: An ambitious plan to put California's renewable energy projects in areas where the environment will...more

IRS Extends Safe Harbor for Completion of PTC-Qualifying Facilities to Jan. 2017

Yesterday, March 11, 2015, the Internal Revenue Service issued Notice 2015-25, which extends by one year certain tests taxpayers can use to establish that a qualifying renewable energy facility is eligible for the production...more

IRS Extends Continuous Construction/Continuous Efforts Safe Harbors for Production Tax Credit/Investment Tax Credit Qualification

Production tax credits (“PTCs”) are available for wind, biomass, geothermal, landfill gas, trash, hydropower, and marine and hydrokinetic facilities, if construction of the facility began before January 1, 2015....more

Land Subsidence Damage Caused by Groundwater Withdrawals in Arizona: Who Pays?

Land subsidence is a problem that affects many areas of the world, with well-publicized case studies in Mexico City, Tokyo, and certain areas within California and Arizona. ...more

The Shale Play Today - February 2015

In This Issue: - Now is the WOTUS of Our Discontent.....: "Waters of the United States" or "WOTUS" in the esoteric taxonomy of the Clean Water Act ("CWA"), is a term with which many are becoming increasingly...more

Key Energy-Related Tax Provisions in the 2016 Budget Proposal

In This Issue: - Modify and Permanently Extend the Production Tax Credit - Enhance and Make Permanent the Research and Experimentation Tax Credit - Provide Carbon Dioxide Investment and Sequestration Tax...more

Groundwater Regulation on the Rise as Counties Gear Up to Meet Sustainable Management Requirements

The enactment of the Sustainable Groundwater Management Act (SGMA), in conjunction with increasing concern over drought impacts on groundwater supplies, has set the stage for several California counties’ recent adoption of...more

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