Environmental Energy & Utilities Business Organization

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A New Front in the Climate Change Debate

The climate change debate has taken a new turn with the recent revelations from New York Attorney General Eric Schneiderman’s office. A legal perspective from Skadden attorneys Noelle Reed and Wallis Hampton....more

A New Trend? NY AG Settles First Climate Change Disclosure Case

New York Attorney General Eric T. Schneiderman may be leading the way again. In the past the office has lead ground breaking investigations using New York’s Martin Act that presaged significant SEC investigations and actions....more

Blog: SEC To Issue Final Dodd-Frank Resource Extraction Disclosure Rule By June 2016 (Maybe)

As noted in this Law 360 article and in this thecorporatecounsel.net blog , on Friday, the SEC filed a Notice of Proposed Rulemaking in the U.S. District Court for the District of Massachusetts in connection with Oxfam...more

Why Is John Prine Involved In A Suit By Shareholder Activists?

In one of the more consequential legal decisions of recent times, Magistrate Judge Kelly Rankin ruled recently that she would not strike part of a complaint filed by shareholder activists against Peabody Energy Corporation,...more

US District Court Orders SEC To Revise Resource Extraction Issuer Rule

On September 2, the US District Court for the District of Massachusetts ordered the SEC to file with the District Court in 30 days an expedited schedule for promulgating a final resource extraction issuer disclosure rule as...more

ESOS Regulations: Are you ready to report?

The Energy Savings Opportunity Scheme Regulations 2014 (“ESOS”) came into force across the UK last July. The purpose of ESOS is to require large businesses to identify energy efficiency savings by carrying out energy audits;...more

Master Limited Partnership Parity Act Reintroduced To House And Senate

On June 24, 2015, the Master Limited Partnership Parity Act (S. 1656) was reintroduced in the House and the Senate. The legislation would provide investors in renewable energy projects with tax breaks that are currently...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

Master Limited Partnerships: Proposed Tax Regulations Scale Back Activities Giving Rise to Qualifying Income

The Treasury Department (Treasury) and the Internal Revenue Service (Service) have issued proposed tax regulations (Proposed Regulations) that provide guidance on, and significantly scale back, the types of activities...more

Arizona Resource Planning Process Seeing Changes

Resource planning is a critical task for energy utilities. It is also of great interest to regulators, ratepayers and other industry members such as renewable energy companies....more

Five Years in the Making: Improved Safety for Offshore Oil and Gas Development

Sometimes new regulations come out of nowhere. And sometimes it is just a matter of time. Last week’s unveiling of the Bureau of Safety and Environmental Enforcement’s (“BSEE”) offshore blowout preventer and well control...more

2014 Cleantech and Renewables IPO Statistics

IPO recovery? Last year was the most active year for IPOs in the United States since 2000. That’s right: an astounding 275 IPOs were completed in 2014, topping the 2013 total of 222 by more than 23%. Total U.S. IPO proceeds...more

Senate Hearing on Extending the MLP Rules to Renewables

On July 31, 2013, the Senate Finance Subcommittee Energy, Natural Resources, and Infrastructure held a hearing on the Master Limited Partnership Parity Act (S. 765). The bill would extend the master limited partnership (MLP)...more

Financial Innovation for Clean Energy Deployment: Congress Considers Expanding Master Limited Partnerships for Clean Energy

Technological innovation is driving renewable energy towards a future where it is cost competitive without subsidies and provides a growing share of America’s energy. But for all the technical progress made by the clean...more

Innovations and Opportunities in Energy Efficiency Finance

In this white paper: - Introduction - Energy Efficiency Finance Structures, New and Familiar, and Negotiating Key Agreements - Energy Savings Performance Contracts (ESPCs) and Applying REITs to Energy...more

MoFo New York Tax Insights - Volume 4, Issue 5 - May 2013

In This Issue: New York Enacts Significant Changes to Related Member Royalty Add-Back Law; Nuclear Power Plant That Produces Steam and Water to Generate Electricity Not Eligible for Investment Tax Credit; Appellate...more

Master Limited Partnership Parity Act, Nuclear Waste, and the Investment Tax Credit– ML Strategies Weekly Energy and Environmental...

This week’s Energy & Environment Update recaps the very busy past week for energy and environmental issues both on and off Capitol Hill. Senator Coons introduced the Master Limited Partnership Parity Act on Wednesday. ...more

Carbon Market Open for Business While Disputes Loom

Results of California’s first cap-and-trade carbon auction are in and the results are mixed. The auction was for carbon permits that permit greenhouse gas emitting businesses the right to release carbon into the air. Each...more

Solar Power Purchase Agreements: Tips and Tricks Part 1

Solar power panels on residential rooftops are an increasingly common sight these days. But the legal mechanics behind the development and delivery of solar power to consumers can be complex. There are several alternative...more

Doing Business in Canada: Climate Change

The evolving patchwork of Canadian federal and provincial climate laws and programs has created material risks and opportunities for businesses operating in Canada. Understanding climate change policy and legislation is...more

Energy Industry Updates for October 2012

In This Issue: - FERC Approves First Commercial Wave Energy Project - Benefit Corporation Legal Structure Utilized by Companies Focused on Renewable Energy - Massachusetts Provides Additional Policy Support for...more

Mixed Results for Renewable Energy as State Assembly Goes on Recess

Three out of four is an exceptional batting average, but renewable energy advocates are undoubtedly disappointed by the one big loss they suffered in the recent legislative session. Three bills related to solar energy and...more

Department of Interior Streamlining Utility Scale Solar in Western States

Federal agencies in Washington D.C.and the State of California have been concurrently developing plans to allow development and permitting of utility scale solar energy plants on public lands. The US Department of the...more

AB 32 and Cap and Trade Design Basics

California, the world’s fifth-largest economy and 18th in total carbon emissions if it were a separate country1, is rapidly moving forward with the development of its cap and trade program scheduled to be implemented in 2013....more

City of Los Angeles Waste Hauling Takes Big Step to Exclusive Franchise System

The City of Los Angeles took another step towards granting exclusive franchises for commercial trash hauling within the City, franchises that would also cover large apartment complexes. Under a plan approved by two City...more

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