Environmental Construction Finance & Banking

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IRS Releases New Guidance on Beginning of Construction

The IRS recently released Notice 2014-46 (the Notice) which provides welcome guidance to tax equity investors and developers on the construction of wind, geothermal, biomass, landfill gas and certain hydropower and marine...more

Notice 2014-46 Provides Additional Guidance on Eligibility of Wind and Other Renewable Energy Facilities for the PTC or the ITC

On August 8, 2014, the Internal Revenue Service (IRS) released Notice 2014-46 (the “Notice”), which provides some important clarifications with respect to the requirement that construction of a project commence prior to...more

Renewable Energy Update -- May 2014

Renewable Energy Focus: California’s net zero energy building to reshape U.S. construction industry - Alternative Energy News - Apr 15: California’s recent revisions to Title 24 put in place ambitious performance...more

HUD adopts updated standard for Phase I Environmental Site Assessments

Construction SignHUD’s Office of Housing and the Federal Housing Administration’s adoption of a new technical standard for conducting Phase I Environmental Site Assessments (“Phase I ESA”) took effect on May 16, 2014....more

All About “Commitment”: CEQA Review is Not Triggered By Orange County’s AB 900 Application For State Funding To Expand Existing...

In a decision recently ordered published, the Fourth District Court of Appeal added to the growing progeny of Save Tara, and affirmed the trial court’s judgment denying the City of Irvine’s writ petition seeking to compel...more

Major Roadblock in High-Speed Rail Project's Track

A ruling by the Sacramento County Superior Court has presented a major roadblock to the California High-Speed Rail Authority’s (“Authority”) high-speed rail project (“Project”). On November 25, 2013, Judge Michael Kenny...more

Automatic Reductions in Subsidy Payments for Certain Direct Pay Bonds will Continue for Fiscal Year 2014

Pursuant to the requirements of the Budget Control Act of 2011 and the American Taxpayer Relief Act of 2012, on March 1, 2013, President Obama signed an Executive Order reducing the budgetary authority in accounts subject to...more

Energy Tax Law Alert: IRS Clarifies "Beginning of Construction" Guidance

On September 20th, the IRS issued Notice 2013-60, which updates prior guidance, contained in Notice 2013-90, regarding the "begin-construction" requirement for the production tax credit (PTC) under Section 45 of the Internal...more

Treasury may be Planning to Issue More PTC “Start of Construction” Guidance

Yesterday, at the American Wind Energy Association’s Finance & Investment Seminar in Manhattan Attorney-Advisor Christopher Kelley of the U.S. Treasury, speaking on his own behalf, said that the Treasury and IRS are...more

California High-Speed Rail Authority Violated Proposition 1A

The California High-Speed Rail Authority (“Authority”) had a major setback on Friday when Sacramento County Superior Court Judge Michael Kenny ruled that the Authority had “abused its discretion by approving a funding plan...more

Treasury Tells Congress PTC Guidance Provides the Desired Degree of Certainty in the Marketplace

A letter from Treasury Assistant Secretary for Legislative Affairs Fitzpayne to Rep. Coffman (R-CO) dated June 17, 2013 addresses the IRS’ recent guidance with respect to the “beginning construction” requirement for PTC...more

Breathing New Life into Brownfields – The BUILD Act of 2013

On March 7, 2013, Senators Lautenberg, Inhofe, Crapo and Udall introduced the Brownfields Utilization, Investment, and Local Development Act of 2013, which would amend the Comprehensive Environmental Response, Compensation...more

Editorial: Work For Smart Development

The Florida Department of Economic Opportunity is a relatively new state agency designed to ensure the continued growth and development of the region without hurting the preservation of our state's precious natural resources....more

Brazil’s Belo Monte Move: Will National Development Banks Start Taking Human Rights and Environmental Concerns More Seriously?

In late November, the Brazilian national development bank (“BNDES”, by its Portuguese initials) announced its approval of a $10.8 billion loan to finance the construction of the Belo Monte dam, the world’s third largest...more

NY PSC Acts on Energy Highway Initiative

New York’s “Energy Highway” continues to move forward. On October 22, 2012, the Energy Highway Task Force presented Governor Andrew Cuomo with its New York Energy Highway Blueprint (Blueprint), a comprehensive plan to upgrade...more

Green Building Update -- October 9, 2012

In This Issue: Green Building Focus - Green building benefits 'need better documentation'; LEED rating system grows into global phenomenon; CBRE puts up $1M to fund green building research; AIA commits to develop public...more

Energy Alert: Applications to Remain Eligible for the 1603 Grant Are Due September 30.

Renewable energy projects that are seeking the 1603 Grant in Lieu of Tax Credit based on beginning construction by December 31, 2011 (either through the 5% of Total Eligible Costs Safe Harbor OR through physical work of a...more

Green Building Update -- July 9, 2012

In This Issue: Green Building Focus -- Chemical makers say new LEED v4 rules will cost jobs; USGBC launches Global Initiative on Urban Resilience; SFPUC green headquarters opens; DOE funds energy efficiency training...more

Green Building Update -- April 26, 2012

In This Issue: NACO's green building incentives report; AltBuild Expo coming to Santa Monica; GSA lists 30 fed. buildings for deep energy retrofits; Cities with the most Energy Star buildings in the U.S.; $26M in...more

Green Building Update -- March 26, 2012

In This Issue: Green Building Focus McCaughey's insights on EU green building; AltBuild Expo coming to Santa Monica; DOE's $5.2M for green building technologies; Green buildings improve sales, healing, grades; ULI's...more

HB503 and SB1986: More New 2012 Florida Legislation That Impacts Florida Real Estate Developers and Investors

The Florida Legislature was very busy this month, getting legislation passed and over to Governor Rick Scott's desk before the end of the 2012 Legislative Session this month. Lots of people are still combing through all the...more

Property Assessed Clean Energy Financing Update: Federal Housing Finance Agency (FHFA) Issues Notice of Proposed Rulemaking on...

A federal housing regulator is seeking public comment as it initiates a rulemaking with regard to Property Assessed Clean Energy (PACE) programs. PACE programs permit municipalities to provide financing to property...more

Renewable Energy Project Finance in the U.S.: 2010-2013 Overview and Future Outlook

1 EXECUTIVE SUMMARY The Mintz Levin law firm and GTM Research are pleased to provide an analysis of project financing trends for utility-scale renewable power projects and advanced project financing biofuel refineries...more

Green Building Update - October 4, 2011

In This Issue: Fund has $650M to finance PACE programs; GREEN BUILDING FOCUS NASA, DOE to construct 'greenest' federal building; Siemens, Green Seal collaborate on green building guide; GRI's global reporting guidelines...more

Stormwater, What? Lenders Must Obtain Permits For Construction Properties in Foreclosure

Last week, the Tennessee Department of Environment and Conservation (“TDEC”) issued its new Construction General Stormwater Permit, which will impact a sector that is generally not subject to environmental regulations. Under...more

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