Environmental Law › Mergers & Acquisitions

National Marine Fisheries Service Proposes A Merger Of Its West Coast Regions

The National Marine Fisheries Service (NMFS) recently proposed merging its Southwest and Northwest administrative regions, which would result in a savings of $3 million annually in management costs. NMFS is a component of the...more

Condemn Now, CEQA-Compliance Later? OK. Maybe....

Acquiring property for public projects typically does not occur until after the project has received environmental approval. While this is the generally accepted rule – and it makes sense for a number of reasons – must a...more

PCS Nitrogen Inc. v. Ashley II of Charleston: Required Reading for Superfund Lawyers

The Fourth Circuit handed down a primer on CERCLA liability last week in PCS Nitrogen Inc. v. Ashley II of Charleston. It should be required reading for Superfund lawyers. The facts in the case are worthy of a law school law...more

M&A in the United States: What Chinese Cleantech Companies Need to Know about

China’s investments in the U.S. have increased rapidly and will continue to grow in order to acquire advanced technology, real estate, market channels and other assets. With solar module oversupply continuing through 2013 and...more

Duke Acquires 10 MW PV Project in Arizona from SOLON

Duke Energy Renewables has acquired the 10 MW Black Mountain Solar Project near Kingman. The Project was developed by Tucson-based SOLON Corp. and is expected to achieve commercial operation in October 2013....more

The Shale Play Today - December 2012

In This Issue: - The Natural Gas Industry: 2012 Year in Review & Look Ahead - Please Take Our Reader Survey - Spilman Member Speaks at National Environmental Conference - Statoil Acquires 70k Acres in Marcellus...more

A123's Latest Twist Into Business History: Wanxiang Buy Out, Minus Government Business

There is another update in the story of the nanotech/cleantech company A123, which recently declared bankruptcy. According to the Washington Post this weekend, “Wanxiang America, the U.S. arm of a Chinese automotive parts...more

"Obama Administration Blocks Chinese Purchase of Wind Farms on National Security Grounds"

Citing “credible evidence” that led him to believe that the Chinese-owned Ralls Corporation or its subsidiaries or affiliates “might take action that threatens to impair the national security of the United States,” President...more

Transferring quarry and mining rights in the Democratic Republic of Congo [DRC]

The mining code of the Democratic Republic of Congo [DRC] provides for a possibility of leasing and assigning mining and quarry rights. Since mining and quarry rights, as expressed in mining and quarry permits, are real and...more

Acquisition Structure Decision Tree by Byron F. Egan

Buying or selling a closely held business, including the purchase of a division or a subsidiary, can be structured as (i) a statutory combination such as a statutory merger or share exchange, (ii) a negotiated purchase of...more

TRANSACTIONAL: Earnouts on the Rise in Renewables M&A

As the regulatory and competitive risk profile of renewable energy/greentech companies has increased, so too has the use of earnouts or other deferred compensation structures in M&A transactions in this space, particularly in...more

Energy Newsletter - November 2011

In This Issue: DISPUTE RESOLUTION Business Litigation - Texas Supreme Court Ruling May Slow the Installation of Certain Pipelines Texas confers upon private pipeline developers the power of eminent...more

Inside M&A - Fall 2011

In This Issue: The Top Five Environmental Traps in M&A Transactions; The Top Five Tax Traps in M&A Transactions; The Top Five Employee Benefits and Executive Compensation Traps in M&A Transactions; The Top Five...more

Southern California Edison Announces Revisions To Crest Ppa

Southern California Edison (SCE) recently announced revisions to the pro forma power purchase agreement (PPA) governing the California Renewable Energy Small Tariff (CREST) acquisition program. CREST is designed to be “a...more

Building Energy Performance: The New Frontier of Transactional Due Diligence (and Contractual Liability)

ASTM's new Building Energy Performance Assessment Standard is a major step forward for due diligence assessments in commercial real estate and mergers and acquisitions transactions. I predict that it won't be long until...more

Chancery Court Approves Hostile Bidder's Bylaw Amendment Advancing Date of Target's Annual Meeting

In the midst of a takeover battle by defendant Air Products and Chemicals, Inc. for control of Airgas, Inc., the Court of Chancery of Delaware upheld a bylaw amendment sponsored by Air Products that moved up the date of...more

Climate policy in Australia under a new government

A summmary and business implications analysis of climate policy and carbon pricing after the 2010 Australian Federal election....more

China energy performance contracting update

what are the key issues/roadblocks for the implementation of an energy performance contracting project in China? Recent legislations may have addressed these issues....more

Negotiating Transactional Environmental Risks

When you are about to strike a business deal you often face environmental unknowns because of unfamiliarity with the venture, party or property involved. At the same time, new and revised environmental regulations which may...more

Antitrust Alert: HSR and Other FTC Civil Penalties Increase

The Federal Trade Commission (FTC) has authority to impose civil penalties for certain violations of the various statutes it administers. Effective February 9, 2009, those penalties will be increased as follows... Please...more

Climate Change Disclosure: A Growing Issue for Publicly Traded Companies

This article explores the issues related to disclosure of climate risk in Securities and Exchange Commission filings and in voluntary climate or environmental reports. It provides recommendations as to how to evaluate what...more

Israel Practice News, Fall 2007

Israel Practice News, Fall 2007 Morrison & Foerster continues to lead international law firms in representing Israeli companies in mergers & acquisitions, public offerings, intellectual property protection, litigation,...more

EPA Tailors Incentives to New Owners of Facilities and Businesses under its Audit Policy

LUEL Briefing, June 27, 2007 Under its Incentives for Self-Policing: Discovery, Disclosure, Correction, and Violations (“Audit Policy”), the Environmental Protection Agency (“EPA”) is considering whether to offer tailored...more

Gerogia Pacific Corporation v GAF Building Materials Corporation

Decision of USDC - SDNY Dismissing Counterclaim for Fraudulent Misrepresentation

ATTORNEY-CLIENT PRIVILEGE: BEWARE - NOT ALL LAWYERS ARE TREATED EQUALLY Clients utilizing in-house counsel may not have the same rights to claim attorney-client privilege as clients who engage retained counsel, and counsel...more