Environmental Law, Tax Law, Energy & Utilities Law

Huron County Seeks Clarification On Taxes

by Varnum LLP on 5/23/2013

The Board of Commissioners for Huron County have resolved to not take any more action regarding wind energy projects until Michigan clarifies the legislation and taxation of wind turbine....more

Reed Smith Marcellus Shale Tax Update - Recycle, Reuse, Reduce Your Tax Burdens

by Stephen Blazick, Daniel Dixon, Lee Zoeller | Reed Smith on 5/17/2013

Pennsylvania’s broad mining exemption from sales and use tax also includes an exemption for pollution-control devices that is less well known than the general exemption for mining equipment. The pollution-control exemption...more

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

by Open Weaver Banks, Hollis L. Hyans, Kara M. Kraman, Irwin M. Slomka | Morrison & Foerster - State + Local Tax... on 5/14/2013

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

Renewable News - Spring 2013

by Alan Claus Anderson, Anne Callenbach, Frank Caro, Jr., Martin Frost, Mark Gershon, J. Britton Gibson, Rodney Gray, Luke A. Hagedorn, Tracy Hammond, Margaret LaBianca, more +Susan Henderson Moore, Darren Neil, Matthew Ross, David Streicker, Steven Willman, Andy Wright | Polsinelli on 5/6/2013

In This Issue: - Federal Policy Update - TradeWind and Alabama Power Announce PPA for Kansas Project - NextEra Energy Resources Finalized Purchase of Kansas Project - Incentives Announced for $66 Million...more

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

by Mintz Levin - Energy & Clean Technology on 5/6/2013

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

IRS Construction Deadline Guidance Highlights Disparate Treatment of Renewable Energy Technologies

by Charles Henck, Darin Lowder | Ballard Spahr LLP on 5/1/2013

The IRS recently released guidance in the form of an IRS Notice implementing a rule change under the American Taxpayer Relief Act of 2012 concerning the construction deadline that renewable energy facilities must meet to...more

IRS Releases Guidance on Beginning Construction for Production Tax Credit and Investment Tax Credit

by Alan J. Tarr | Loeb & Loeb LLP on 4/30/2013

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

EU Rejects Suspension of Auctions of EU Allowances; California Air Resources Board Formally Approves Linkage with Quebec

by Eric E. Freedman, Mariah Kennedy, Fiona Melville | K&L Gates LLP on 4/25/2013

On April 16, 2013 the members of the European Parliament voted 334-315 against the proposal of the European Union (EU) Commission to suspend future auctions of EU emission trading scheme (EU ETS) allowances until 2019 in...more

Challengers Double Down on Opposition to California’s Carbon Allowance Auctions

by Peter Hsiao, Sue Landsittel, William Sloan | Morrison & Foerster LLP on 4/25/2013

A second lawsuit has been filed challenging one of the centerpieces of California’s innovative cap-and-trade climate change regulatory program: the auction process implemented by the California Air Resources Board (CARB) to...more

Overriding Interest - Spring 2013

by Steven D. Cox, Bonny Hedderly, Rupeena Purewal | K&L Gates LLP on 4/24/2013

In this issue: - The Green Deal - Impact on Commercial Real Estate - High Value Residential Property Tax - Announcements and Events - Transaction Profile - Focus on Henderson Global Investors...more

IRS Issues Notice to Determine When Construction Begins for Purposes of Production Tax Credit, Investment Tax Credit

by Gale Chan, Madeline Chiampou, Brian Levy, Martha Groves Pugh, Philip Tingle | McDermott Will & Emery on 4/23/2013

The Internal Revenue Service (IRS) has issued important guidance to determine when construction begins with respect to a qualified facility for purposes of the production tax credit and the investment tax credit for certain...more

Key Energy-Related Tax Provisions in the 2014 Budget Proposal

by Gale Chan, Madeline Chiampou, Brian Levy, Martha Groves Pugh, Philip Tingle | McDermott Will & Emery on 4/23/2013

President Obama’s recently released budget proposal for the 2014 fiscal year contains energy-related tax provisions that include a permanent extension of the renewable energy production tax credit (PTC) and a provision making...more

California's Cap and Trade Program Goes to Court Again

by Jon Costantino | Manatt, Phelps & Phillips, LLP on 4/22/2013

The other shoe finally dropped. The much-speculated and much-anticipated “tax vs. fee” AB 32 Cap and Trade lawsuit has finally been filed. A diverse coalition of businesses and trade groups filed a lawsuit in a state superior...more

Earth Matters - April 2013: Making Solar Power More Affordable for New Yorkers

by Donald Ross | Phillips Lytle LLP on 4/22/2013

New York State continues to be a national leader in renewable energy initiatives, particularly in encouraging practical, everyday applications of solar power. Recently, Governor Andrew Cuomo, as part of his ongoing “NY-Sun”...more

IRS Releases “Start Construction” Guidance for Renewable Energy Facilities

by Douglas Davidson, Paul Gordon, Kenneth Kulak, Gabriel Quihuis, Richard Shortz, Wayne Song | Morgan Lewis on 4/19/2013

Long-awaited guidance regarding eligibility for production or investment tax credits largely tracks guidance under the Section 1603 cash grant program....more

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

by Pamela Charles | Davis Wright Tremaine LLP on 4/19/2013

The IRS has issued guidance (Notice 2013-29) on satisfying the new “beginning of construction” requirement for the renewable energy production tax credit under Code Section 45 (PTC) and energy investment tax credit under Code...more

IRS Issues Notice on "Beginning of Construction" Requirement for PTC and ITC Purposes

by Wilson Sonsini Goodrich & Rosati on 4/19/2013

On April 15, 2013, the IRS released Notice 2013-29, which addresses the requirement that construction of a qualified facility must begin before January 1, 2014, in order to be eligible for the renewable electricity production...more

IRS Releases New Guidance on Beginning of Construction

by Ellen Bastier, J. Ferd Convery , III, Arnold Grant | Reed Smith on 4/18/2013

Prior to the enactment of the American Taxpayer Relief Act of 2012 (the "Act"), the production tax credit (the "PTC") had been scheduled to expire for wind projects that were not placed in service before January 1, 2013, and...more

Energy Alert: IRS Identifies Two "Begun Construction" Standards To Qualify For Two Tax Credit Opportunities

by Allison Woodbury Leppert | Leonard, Street and Deinard on 4/18/2013

The renewable electricity production tax credit and the energy investment tax credit currently offer taxpayers a tax credit for energy produced from qualified facilities. For the PTC, the tax credit covers a ten-year period....more

Have You "Begun Construction"? IRS Issues Guidance for Renewable Energy Tax Credits

by David Cho, Dorothy Black Franzoni, Jonathan Goldman, Amish Shah, Ram Sunkara, William Warren | Sutherland Asbill & Brennan LLP on 4/17/2013

On April 15, 2013, the Internal Revenue Service ( IRS) issued much - anticipated guidance that will help developers of wind, solar, biomass and certain other renewable energy facilities qualify for federal renewable energy...more

Developers Rejoice! IRS Issues “Begun Construction” Guidance

by John A. Eliason | Foley & Lardner LLP on 4/17/2013

On April 15, 2013, the IRS released Notice 2013-29 addressing the eligibility for certain alternative energy projects to qualify for the renewable electricity production tax credit (PTC) under section 45 of the Tax Code. This...more

"IRS Guidance on the Commencement of Construction Requirements for Tax Credits for Qualified Energy Facilities"

by Armando Gomez, Paul Schockett, Sean Shimamoto | Skadden, Arps, Slate, Meagher & Flom LLP on 4/17/2013

On April 15, 2013, the Internal Revenue Service released Notice 2013-29 (Notice), which established guidelines and a safe harbor to determine when construction has begun on a “qualified facility” for purposes of the renewable...more

In Time of Austerity, President’s 2014 Budget Prioritizes Clean Energy Funding

by Bryan M. Stockton | Mintz Levin - Energy & Clean Technology on 4/11/2013

After two months of delay, the Obama Administration released its proposed 2014 budget on April 10. The 244-page document outlines the President’s spending priorities for the coming fiscal year. The proposal calls for $1...more

Ohio Legislators Strip Radioactive Drilling Waste, Severance Tax Provisions From Budget

by Jason Yearout | BakerHostetler on 4/10/2013

Yesterday we discussed the grim prospects for the NORM and TENORM provisions in Ohio Governor John Kasich’s proposed budget. Both industry and environmentalists opposed the provisions, and state legislators recently expressed...more

Battery Currents: Advanced Energy Storage - April 4, 2013

by Kimberly A. Clarke, Nyal Deems, Bruce Goodman, Harvey Koning, Timothy J. Lundgren, Melissa Papke, Elizabeth Wells Skaggs | Varnum LLP on 4/9/2013

In This Issue: - Chinese Auto Parts Maker Buys A123 Systems - Return of ARRA Funds - Tax Incentives Extended for Battery Maker - Ford Increases Electric Vehicle Dealers and Pushes Sales - Michigan Lithium-Ion...more

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Environmental Law › Tax Law › Energy & Utilities Law