Environmental Tax Zoning, Planning & Land Use

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Turning Manure into megawatts (Swine Farm Biogas Renewable Energy Project)

As I noted in my last post, Withers & Ravenel’s Swine Farm Biogas Renewable Energy Project, located in Bladensboro, North Carolina, is one of this year’s ACEC Excellence in Engineering Award winners....more

Innovative P3 May Help Chesapeake Bay Stick to its Diet

Maryland’s Prince George’s County Council has approved a first-of-its kind agreement with Corvias Solutions for a 30-year stormwater management public-private partnership (P3). The novel initiative, formally announced by EPA...more

Goodwin Procter and Boston Bar Association Host “Gaming in Massachusetts: Where Do We Go From Here?” Expert Panel

Just nine days after Massachusetts voters overwhelmingly supported a future for gaming in Massachusetts by rejecting an effort to repeal the state’s casino law, Goodwin Procter’s Gaming and Gambling Practice co-hosted an...more

Florida's Amendment 1: Water and Land Conservation Funding Passed by Voters - The 20-Year Program Will Generate Almost $20 Billion...

Florida's Water and Land Conservation Initiative that dedicates billions of dollars to conservation over the next 20 years was ratified by the voters by a wide margin. Voters in all parts of the state and across the political...more

Mexican Renewables - Set for a Boom; Waiting for Guidance

The sunset date for the 30% ITC is coming into view for developers of U.S. solar projects. The U.S. domestic solar market is also becoming increasingly competitive. The PTC for wind has already expired except for projects...more

Governor Signs Off on New Tax-Increment Financing Structure

On September 29, Governor Brown signed legislation that is seen as creating a robust new financing tool which will expand the existing mechanism of Infrastructure Financing Districts (“IFDs”) and replicate some of the...more

Renewable Energy Update -- August 2014 #3

Renewable Energy Focus - New California tax credit would benefit Tesla gigafactory: San Jose Mercury News - Jul 11: Governor Jerry Brown announced last week that he signed legislation creating a $420 million tax credit...more

Sixth Circuit Weighs in on CERCLA Cost Recovery, Contribution Actions

The U.S. Court of Appeals for the Sixth Circuit Court recently issued an important opinion related to claims to recover environmental cleanup costs at an Ohio landfill. The court’s ruling in Hobart Corporation, et al. v....more

Massachusetts Environmental and Land Use Alert

Boston Colleges Take Brownfields Tax Credit Fight to Court - Three Boston-area colleges sued the Massachusetts Department of Revenue in August claiming that “clarifying” changes made to the Massachusetts Brownfields Tax...more

Inside the Mining Industry: An Arizona Mining Lawyer Discusses Key Challenges, Opportunities & Trends for 2014 and Beyond

Other than market forces, Federal permitting processes continue to be a primary cause of delay for new mines and the expansion of existing mines throughout the United States. The federal government manages a significant...more

Massachusetts Land Trusts Breath a Collective Sigh of Relief: The SJC Rules That There Is No Requirement to Promote Public Access...

The Massachusetts Supreme Judicial Court today ruled that land trusts or other charities which own and preserve conservation land may take advantage of a state tax exemption on such land even if they do not affirmatively...more

Passing the Buck: The Impact of Maryland's New Stormwater Fees on Commercial Leases

During its 2012 legislative session, the Maryland General Assembly passed HB 987, a bill which required that the ten separate EPA-licensed storm sewer system (“MS4”) jurisdictions in Maryland (Baltimore City and nine...more

Illinois Supreme Court to Debate Appeals from a Pollution Control Facility Certification Order

Tomorrow morning in Chicago, the Illinois Supreme Court will hear oral argument in The Board of Education of Roxana Community Unit School District No. 1 v. The Pollution Control Board, which presents an important question of...more

California Supreme Court Update: Air Quality Emissions Reduction Credits May Be Considered in Assessing Unit Value of Power Plant,...

A power plant operator was required to purchase emission reduction credits (“ERCs”) to comply with the permitting process to build a power plant. Over the course of several years, the State Board of Equalization (“Board”)...more

Court of Appeal Narrowly Reads School Bond Measure Language; Parking Shortfall May Constitute An Environmental Impact Under CEQA

A school district board placed a large bond measure on the city ballot to fund projects at multiple schools in the district, including a project to erect stadium lighting at a high school. ...more

Huron County Seeks Clarification On Taxes

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

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

NJ On Offshore Wind: Let's Build A Project Already

Is New Jersey placing the cart before the horse when it comes to the establishment of rules regulating the state’s offshore renewable energy certificates? Instead of spending time analyzing how to mitigate the risks of...more

Myanmar Issues Foreign Investment Law Implementing Regulations

Summary - On January 31, 2013, the Ministry of National Planning and Economic Development released the new Implementing Regulations for the Myanmar Foreign Investment Law No. 21 (FIL No. 21). President U Thein Sein...more

California Environmental Law and Policy Update - January 23, 2013

In This Issue: Environmental and Policy Focus - A conversation with outgoing EPA Administrator Lisa Jackson; A Challenge To Obama's Climate Change Pledge; BLM pulls proposed fracking rules, works on new version; Six Top...more

Damon Key Legal Alert (Dec. 2012) - Hawaii Renewable Energy Technologies Income Tax Credits

The State of Hawaii Department of Taxation (“DOT”) recently issued temporary administrative rules that will affect anyone planning on installing and placing in service a renewable energy technology system, including a...more

Understanding Renewable Energy: Solar

This article provides an introduction to solar energy, including the different types of solar projects, the benefits and limits of solar energy and the federal and state programs that promote this technology. This article...more

Judge Gold Issues Another Historic Everglades Order This Week: EPA Proposal Moves Forward

United States District Judge Alan Gold makes news this month (again) with another Everglades Order: you'll recall that he issued a pretty big ruling last fall with his decision to put the federal government and not the State...more

Trading In California’s Greenhouse Gas Allowances – Fraud’s New Frontier?

As part of California’s Cap and Trade Program, the Air Resources Board will issue will issue tradable permits (Greenhouse Gas (GHG) allowances) that authorize a permit holder to emit a specific quantity of GHGs. Entities...more

Pennsylvania Legislation Authorizing Counties to Levy Unconventional Gas Well Fee Signed Into Law

On February 14, 2012, Pennsylvania’s Governor, Tom Corbett, signed into law legislation (House Bill 1950) authorizing counties to impose a fee on persons holding permits to sever natural gas for sale, profit or...more

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