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Court Holds Small Business Administration and Farm Service Agency Must Consult on Loan Guarantees

A federal district court in Arkansas recently issued a decision clarifying that the obligation to consult under section 7(a)(2) of the Endangered Species Act (ESA) extends to the Small Business Administration and the Farm...more

Green Sukuk: Financing the Gulf Region’s Renewable Energy Infrastructure

In this lw.com interview Latham & Watkins partner Harj Rai and associate Lee Irvine discuss how an issuance of green sukuk would allow Islamic investors, for the first time, access to ethical and socially responsible...more

NYC Pension Fund Submits 75 Proxy Access Proposals

New York City Comptroller Scott M. Stringer, on behalf of the $160 billion New York City Pension Funds, has submitted proxy access shareowner proposals to 75 companies. The proposals request a bylaw to give shareowners who...more

Continued boom or bust for Japanese renewables?

When Japan instituted the Renewable Energy Act (REA) in 2012, the stated policy was to encourage the development of renewable energy but to avoid the “boom and bust” cycles seen in other countries. Looking back, there is no...more

DOE Announces Technology Transfer Opportunity For Small Businesses

The U.S. Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy (EERE) issued an announcement for its Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs,...more

Africa Energy Update

The latest news on legal and regulatory developments in Africa’s energy sector. This first Africa energy update focuses on East Africa, a region of growing potential for sector participants. Future updates will focus on other...more

Preserve and Protect: Sarbanes-Oxley Meets Environmental Law

On November 5, 2014, the United States Supreme Court will address the scope of the Sarbanes-Oxley “anti-shredding” law. The interpretation of this somewhat mundane provision may significantly affect how environmental data and...more

Japan's FIT: Flying Too Close To The Sun?

Spurred to action by the 2011 Fukushima nuclear meltdown, Japan's Parliament seized on popular antinuclear sentiment and passed sweeping legislation to encourage the development of the nation's renewable energy resources. The...more

Mexico’s Guidelines for Clean Energy Certificates Will Support Renewable Energy Development

As part of a historic restructuring of its electrical power sector, Mexico will create a market for tradable Clean Energy Certificates, which many industry participants will be required to obtain. Draft guidelines proposed by...more

Funding Opportunities for Early-Stage Clean Energy Companies from MassCEC

Recently, the Massachusetts Clean Energy Center (MassCEC) has opened up two top-rate funding opportunities for young, emerging clean energy companies in Massachusetts. Aimed primarily at university researchers and early-stage...more

OPIC Issues Its First Green Guaranties – An Innovative Financing Program - The Guaranties Are Intended to Bridge the Gap Between...

The Overseas Private Investment Corporation (OPIC) has issued its first "Green Guaranties" to provide financing for a project considered to be in alignment with Green Bond Principles. The U.S. government's development...more

Outstanding Design Flaws in California’s Cap-and-Trade Program

On January 1, 2013, California embarked on a grand experiment with the launch of the world’s most complex cap-and-trade program. Under this program, companies operating in California, such as food processors, power producers...more

Myanmar Revises Scope Of Prohibited And Restricted Activities For Foreign Investment

On 31 January 2013, MIC issued a notification outlining prohibited and restricted activities for foreign investment (2013 Notification). For further information on the Foreign Investment Law, the Foreign Investment Rules and...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 In The Asia Pacific: A Legal Overview (3RD EDITION (with specific 2014 additions))

It is rare to find a government in the Asia Pacific region that is not willing to promote their nation’s “push for renewables” amidst an increasingly carbon constrained world. Behind closed doors, governments are well aware...more

Why the Rush to Form Yieldcos?

In last week’s post, we did an analysis of several recent Yieldcos. As we stated, a number of significant developers in the renewable energy space have either formed Yieldcos, filed for an initial public offering of Yieldco...more

KiOR Faces Significant Challenge Moving Forward

In an August 11, 2014, filing with the U.S. Securities and Exchange Commission, cellulosic biofuel company KiOR, Inc. (KiOR) reported that without any new financial commitments, the Company only has enough funding to operate...more

Municipal Utilities Ride To The Rescue Of Beleaguered Solar Projects

After investor-owned utilities meet state requirements, local authorities can take the reins. As investor-owned utilities reach required levels of mandated state renewable portfolio standards, their willingness to offer...more

China Update - June 2014 #2

In This Issue: - Quote of the Week - U.S.-China Relations - China News - Energy & Environment and Trade - Excerpt from U.S.-China Relations: 6th Round of the US-China Strategic and...more

Evaluating Environmental Risks in Real Estate Transactions

Evaluating environmental risks associated with real estate transactions is a standard, and often standardized, practice for sophisticated real estate practitioners. However, in light of several recent developments - the...more

The Renewable Energy Sector’s New Frontier: Latin America And The Caribbean

While most jurisdictions within Latin America and the Caribbean base their core electric generation asset portfolio on fossil fuels, renewable energy technologies are now changing the regional energy landscape. Now, wind,...more

Brownfield land in the UK: lenders' liability

In this fourth in our series of briefings on topics relevant to those involved in brownfield land, we look at the issue of lenders’ liability in respect of risks arising from brownfield sites under environmental law in...more

Department of Housing and Urban Development Adopts Updated ASTM Standard

The U.S. Department of Housing and Urban Development (HUD) announced on April 16, 2014 that, effective May 16, 2014, it is adopting the recently updated Phase I Environmental Site Assessment (ESA) Standard, ASTM E1527-13. HUD...more

Trade & Manufacturing Alert - April 2014 (#2)

In This Issue: - Downturn in Chinese Economy May Be Triggering An Export Surge - EPA Issues Guidance On American Iron And Steel Requirement For $2.4 Billion In FY 2014 Clean Water And Drinking Water State...more

New York Green Bank Opens for Business

The New York Green Bank has issued an RFP for developers, energy service companies, owner/operators and equipment manufacturers—as well as private-sector capital providers, including financial institutions or other...more

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