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House Passes Energy Efficiency Bill

On March 5, 2014, the House of Representatives passed H.R. 2126, the “Energy Efficiency Improvement Act of 2014.” The bill was co-sponsored by Representatives David McKinley (R-W.Va.) and Peter Welch (D-Vt.). The bill...more

President Obama’s New Memorandum on Federal Agency Use of Renewable Energy and Energy Management

On December 5, 2013, President Obama issued a memorandum establishing (1) a new goal for federal agencies’ use of renewable energy and (2) new energy management directives (Memorandum). By fiscal year 2020, the Memorandum...more

Next Application Period Approaches for New Jersey Solar Applications

On October 15, 2013, the New Jersey Board of Public Utilities (the Board) will begin accepting applications for solar projects under Subsection (q) of the New Jersey Solar Act (the Act). See N.J.S.A. 48:3-87(q). ...more

Tokyo 2020 Olympic Update: PART 1: Infrastructure Opportuntities

BACKGROUND - On 8 September 2013, Tokyo was chosen as the host city for the 2020 Olympic Games. Tokyo is set to host the Games of the XXXII Olympiad from 25 July - 9 August 2020, and the Paralympic Games from 25 August...more

TRANSACTIONAL: Project Development / Finance: PF2 and its relevance to PPPs in the GCC

The Private Finance Initiative (PFI) was a public-private partnership (PPP) model introduced by the United Kingdom government back in 1992 as a tool to engage the private sector to design, construct, finance and operate...more

The Projects and Construction Review, Chapter 22 "Italy"

The current state of Italian project finance is the result of a trend initiated more than 20 years ago, when public resources started to become scarce and the construction or infrastructure needed private funds to be carried...more

California’s Prop 39 Fund: Up to $2.75 Billion for Energy Projects at Public Schools, Colleges

On June 27, Governor Jerry Brown signed SB 73 into law as part of the state budget package. The bill established a Clean Energy Job Creation Fund, into which up to $550 million each year will be transferred from California’s...more

California’s Prompt Payment Laws – Would You Like That With Non-Fat, Soy, Foam, No Foam . . . ?

California’s prompt payment laws are scattered throughout the state’s Business and Professions Code, Public Contracts Code and Civil Code, and their applicability varies depending on the type of project, the type of payment,...more

Update Regarding Buy America and Utility Relocations

As we have previously reported, the Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) recently adopted policies requiring Buy America compliance for utility relocations for federally funded...more

Infrastructure Alert - June 19, 2013

New York State Comptroller Thomas P. DiNapoli released a report titled Private Financing of Public Infrastructure: Risks and Options for New York State, which chronicles the state’s public-private partnership progression and...more

Is the Offshore Wind Market Really Ready to Fly? BOEM Announces First Lease Auction for July 31

On Tuesday, the Bureau of Ocean Energy Management announced that the first auction of leases of offshore wind areas will be held on July 31. Even though it now looks as though Cape Wind will eventually get to the finish...more

FHWA's Expanded Application of Buy America to Utility Relocations Causes Consternation, Delays

As we have previously reported, the Federal Highway Administration (FHWA) has issued guidance holding that "Buy America applies to any utility work that is accomplished as a result of a Federal-aid highway project", unless...more

Senate Includes Buy American Requirement in Water Resources Development Act of 2013: Provision Would Mandate Use of American Iron,...

The United States Senate passed the Water Resources Development Act of 2013 by an overwhelming 83-14 margin on May 15, 2013. The legislation included an amendment sponsored by Senators Jeff Merkley (D-OR) and Sherrod Brown...more

TRANSACTIONAL: Construction: ‘Back-to-back’ – the pass-through of construction risk from project agreement through to subcontracts...

When passing risk through to various sub-contractors to a PPP or energy infrastructure project, it is important to ensure that the core sub-contracts are drafted on a ‘back-to-back’ basis with the project agreement. This...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

Doing Business in Canada: Infrastructure Opportunities in Canada

Infrastructure development has helped define Canada. Currently, Canadians lead the world’s infrastructure development projects. The infrastructure required for resource development projects such as the oil sands are some of...more

Ukraine announce PSA tenders for Skifska and Foroska offshore oil and gas blocks

On 23 May 2012 the Cabinet of Ministers of Ukraine (CMU) adopted two Resolutions on Holding Tenders for the Award of Production Sharing Agreements (PSA) for the Extraction of Hydrocarbons within the Foros and Skifska Areas...more

Legal Alert: Damon Key's quarterly update - Construction Law, Renewable Energy, Appellate Developments, and Premises Liability...

Legal Alert: Damon Key's quarterly update - Construction Law, Renewable Energy, Appellate Developments, and Premises Liability (Feb. 2012) ...more

Contract administration - JCT, NEC3 and FIDIC

An article comparing the contract administration and project management roles found in JCT, NEC and FIDIC. May be of most interest to those in the process engineering industries....more

New Regime in France for Roof-Mounted Photovoltaic Panels

The French Energy Regulation Committee (CRE) issued a set of rules on 1 August 2011 that outlines the terms and conditions of the new tender process applicable to certain roof-mounted photovoltaic projects in...more

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