Tax Energy & Utilities

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Pennsylvania Governor Proposes Severance Tax

Pennsylvania Governor Tom Wolf has proposed a new state severance tax on natural gas drilling. The measure, which the governor introduced as a means to fund the state’s education system, would impose a 5 percent tax on the...more

Municipal Utility’s Recurring Budget Transfer to General Fund Requires Voter Approval

On February 19, the Third District Court of Appeal issued an order denying requests by both parties for a rehearing of its recent decision, Citizens for Fair REU Rates v. City of Redding. This decision held that a municipal...more

DOE Increases Funding For Clean And Renewable Energy In 2016 Budget Request

On February 2, 2015, the White House released the 2016 fiscal year budget request for the U.S. Department of Energy (DOE). Under this proposed plan, DOE would receive $29.9 billion, an increase of $2.6 billion from the 2015...more

The Shale Play Today - February 2015

In This Issue: - Now is the WOTUS of Our Discontent.....: "Waters of the United States" or "WOTUS" in the esoteric taxonomy of the Clean Water Act ("CWA"), is a term with which many are becoming increasingly...more

Key Energy-Related Tax Provisions in the 2016 Budget Proposal

In This Issue: - Modify and Permanently Extend the Production Tax Credit - Enhance and Make Permanent the Research and Experimentation Tax Credit - Provide Carbon Dioxide Investment and Sequestration Tax...more

Sound Bites from Infocast Wind Finance 2015

The Infocast Wind Power Finance & Investment Summit 2015 was held from February 10 to 12 in San Diego. Below are selected sound bites regarding the tax equity market and other finance related matters....more

Bennett Jones Winter 2015 Economic Outlook

Oil prices have fallen sharply since the release of our Fall 2014 Economic Outlook. While this shock should have relatively little effect on our outlook for global growth, in part because of other offsetting developments in...more

Washington Healthcare Update

This Week: Energy and Commerce Hearing Examines ICD-10 Preparedness... HHS Announces Oncology Care Model Initiative... Pennsylvania Governor Abandons Alternative Medicaid Expansion Approach for Traditional Plan....more

NC Legislative Update - February 2015 #2

Budget Season Comes Early - On Tuesday and Wednesday, the various Appropriations committees met for their first round of joint House and Senate meetings to review their respective provisions of the previous year’s base...more

2/15: Nothing in Life is Certain but Death and Tax Extenders: The Corporate Tax Provisions of H.R. 5771

When Congress met at the end of last year, the primary objective for the meeting was clear - to prevent taxes from slowing the recovery that the economy has enjoyed for the last several years. ...more

Ormat Defends 1603 Cash Grant Awards in Suit by Ex-Employees

Ormat is a successful developer of geothermal energy projects. Two former employees have brought a lawsuit alleging that Ormat made inaccurate 1603 Cash Grant submissions to obtain grants for projects that should not have...more

The President’s Groundhog’s Day Budget Casts a Shadow on Some but Offers Sunshine for Others

On February 2nd, President Obama released his Fiscal Year (FY) 2016 budget request to Congress. Along with the budget, the Department of the Treasury (Treasury) released a volume called “General Explanations of the...more

Shepherding Solar’s Future: Economic sustainability is the key to ‘smart growth’

The buzz about solar keeps on growing thanks to a steady stream of media reports about the industry’s growth potential. The latest examples, to name just a few, include Duke Energy's $500 million solar expansion; solar on...more

Obama Administration’s FY 2016 budget would modify LIHTCs, permanently extend NMTC and energy tax credits

As in prior years, the Obama administration’s FY 2016 budget includes a number of impactful, and generally positive, tax credit proposals. With respect to the Low-Income Housing Tax Credit (LIHTC), the budget retains many of...more

Renewable Energy Update - February 2015

Renewable Energy Focus: Obama budget aims to make solar and wind incentives permanent - PV Magazine - Feb 2: President Obama just unveiled a $3.99 trillion budget for 2016 that asks Congress for a permanent...more

IRS Announces $281 Million Available Under New CREBs Program

On February 3, the Internal Revenue Service (IRS) released Notice 2015-12 (the Notice) which solicited applications for a third round of allocations of volume cap for new clean renewable energy bonds (New CREBs) under Section...more

IRS to Allocate Nearly $1.4 Billion in New CREBs Volume Cap

With close to $1.4 billion in volume cap for New Clean Renewable Energy Bonds (New CREBs) remaining, Notice 2015-12 (the 2015 Notice) announces the March 5 opening of the rolling volume-cap application window for governmental...more

"The 'Law 42' Arbitrations Against Ecuador and the Importance of BIT Language"

Bilateral Investment Treaties (BITs) afford investors a series of guarantees against expropriation or unfair treatment of investments in foreign jurisdictions. They also typically allow investors to enforce those rights...more

Court Sustains Treasury’s 2/3 Reduction of Cash Grant for Cogen Open-Loop Biomass Plant

The United States Court of Federal Claims on January 12 rendered an opinion in W.E. Partners II, LLC v. U.S. sustaining the Treasury Department’s reduction by approximately two-thirds of a Cash Grant for a cogeneration...more

Keystone Debate a Sign of Things to Come in 114th Congress

On January 29, 2015, the U.S. Senate passed S. 1, the Keystone XL Pipeline Approval Act, by a vote of 62-47, with all Republicans and eight Democrats voting for the legislation. ...more

"'Yieldcos' Present a New Growth Model for Renewable Energy Companies"

In the past few years, many energy companies with investments in renewable energy projects have considered forming “yieldcos,” with five formations in 2013 and 2014. A yieldco is a growth-focused public company, typically...more

ML Strategies: Keystone XL Pipeline Dominates Congressional Energy Debates to Start New Year

Energy and environment debates are heated in Washington this week, as the Senate continues negotiations over the Keystone XL pipeline and Congressional tax reform debates get underway. Lawmakers have already introduced more...more

NC Politics In The News

WINSTON-SALEM JOURNAL: New economic development strategy is in the works Gov. Pat McCrory said Thursday that he is working on a new economic development strategy for North Carolina, but it is too early to release details....more

Renewable Energy Update - January 2015 #2

Renewable Energy Focus - California Governor Brown calls for 50 percent renewables by 2030 - Greentech Media - Jan 5: California Governor Jerry Brown has upped the ante on the state’s green energy goals, calling...more

The Economic Development Toolbox: "The Utility Player" - Tax Increment Financing

Tax increment financing (“TIF”) is a tool that is commonly used throughout the country to finance public infrastructure and other improvements. But while its use may appear to be fairly limited, TIF is actually extremely...more

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