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Tax Energy & Utilities

Read need-to-know updates, commentary, and analysis on Tax issues written by leading professionals.

Connecticut Makes Favorable Changes to its Commercial PACE Financing Program

On July 11, 2017, the Connecticut General Assembly enacted H.B. 7208 (“Revised C-PACE Statute”) to make several minor changes to the existing statute governing the State’s commercial property assessed clean energy (or...more

Energy Newsletter - September 2017

by King & Spalding on

Managing Decommissioning Risks in Asian M&A Transactions - By the end of 2026, approximately 134 producing Concessions and Production Sharing Contracts (each, a “PSC”) will have expired in South Asia. It is expected that 900...more

Tax Reform And Taxing Big Oil

by King & Spalding on

Senator Robert Menendez, with twenty-one of his Democratic colleagues as co-sponsors, has introduced legislation that repeals the energy tax incentives for the country’s five largest oil companies. In a statement, Senator...more

IRS Provides Safe Harbor for Inadvertent Normalization Violations

On September 7, 2017, the IRS issued Revenue Procedure 2017-47, which provides a safe harbor for regulated public utilities for inadvertent or unintentional uses of a practice or procedure that is inconsistent with the...more

Maine's energy legislation carryovers from 2017

by PretiFlaherty on

When the First Regular Session of the 128th Maine State Legislature adjourned earlier this year, its committees reserved a list of bills for further debate in 2018. A list of these carryover bills published by the legislative...more

Payments Clause in City Contract Deemed Unconstitutional When it Suspends the City’s Ability to Tax

by Low, Ball & Lynch on

Russell City Energy Co. LLC v. City of Hayward - Court of Appeal, First District (August 7, 2017) - In Russell City Energy Co. LLC v. City of Hayward, the California Court of Appeals held that a payments clause in a...more

California Environmental Law and Policy Update - August 2017 #4

by Allen Matkins on

Environmental and Policy Focus - Interior Department identifies 'a handful' of national monuments to shrink in its report to Trump - San Diego Union-Tribune - Aug 24 - The White House is getting ready to move on...more

DOE’s 2016 Wind Market Report – Tax Equity Highlights

The U.S. Department of Energy recently released its 2016 Wind Technologies Market Report. The 94-page report provides an in-depth review of the current health and direction of the wind industry, replete with data, analysis...more

New Property Tax Exemption for All South Carolina Manufacturers

by McNair Law Firm, P.A. on

The South Carolina Infrastructure and Economic Development Reform Act, 2017 Act 40, was recently enacted and is designed to enhance South Carolina’s economic competitiveness. The Act, commonly referred to as the gas tax bill,...more

Assessing the Taxability of Solar Energy Systems in Michigan

by Varnum LLP on

The very practical concern of knowing how solar energy equipment is taxed in Michigan is just one of many questions for those considering such a project. Under Michigan's General Property Tax Act (the "Act"), real and...more

Tanzania Overhauls Mining Laws, Fines Investor US$190 Billion: Is Your Investment Protected?

by Jones Day on

Recently, Tanzania enacted a series of mining laws that significantly erode protection for existing and future investments in the mining industry. As part of these measures, one foreign investor has been assessed a US$190...more

Brexit - Legal Implications

by McDermott Will & Emery on

In our latest memorandum, we have briefly outlined some of the main legal implications of Brexit according to different models, including the EEA model. In light of recent comments made by Theresa May, it is unlikely that...more

Energy & Sustainability Connections Newsletter - July 2017

by Mintz Levin on

A Note from the Editors - Energy & Sustainability Connections brings the latest developments in energy investing, legal insights, company activity, and industry events straight to your inbox. This month’s Leader in the...more

Land Owners Could Be Paying Proposed Severance Tax

by Barley Snyder on

Whether or not the latest natural gas severance tax proposal gets passed into law in Pennsylvania, House Bill 542 contains some interesting language land owners who have signed lease agreements with energy companies need to...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Legislature Met on July 20 to Consider Bond Bills, Items from Special Appropriations Table - After...more

WindPower 2017 Soundbites

The American Wind Energy Association’s (AWEA) annual conference, WindPower, was held in Anaheim, California. Below are soundbites from panel discussions on May 24, 2017. The soundbites were prepared without the benefit of a...more

IRS Rules (Again) That Taxpayers Are Not Entitled to Claimed Refined Coal Credits

by McDermott Will & Emery on

In a highly-anticipated Technical Advice Memorandum (TAM) dated March 23, 2017 and released on July 21, 2017, the Internal Revenue Service (IRS) ruled that two taxpayers who had invested in a Limited Liability Company that...more

Another Court Upholds a State Generation Program and Dismisses Challenges to Illinois’ Nuclear Subsidies

by Stoel Rives LLP on

On July 14, 2017, and several weeks after the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (see Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

What Businesses Should Know About the 2017 North Carolina Legislative Session

by Brooks Pierce on

The North Carolina General Assembly has left Raleigh after enacting a biennial budget and considering hundreds of bills during a six-month session. Legislators will return in August and September to consider other matters...more

Procedure on Open Discussion of Tariffs to Be Established by the Ukrainian Regulator

by Dentons on

Please be informed that on 30 June 2017 Procedure on Carrying Out Open Discussion of Draft Decisions of the Ukrainian Regulator No. 866 (the “Procedure”), was adopted by the Ukrainian Regulator. The Procedure enters into...more

Trade & Manufacturing - News of Note - July 2017

by King & Spalding on

Update on Border Adjustment Tax - On June 13, 2017, House Ways and Means Committee Chairman Kevin Brady (R-TX) suggested a five-year phase-in for the border-adjustment tax (BAT). The BAT proposal, a key part of Republican...more

Presentation from Tax Equity Structuring & Impact of Potential Tax Reform and Q&As from the Webinar

On June 28, Mayer Brown and Alfa Energy Advisors presented the webinar Tax Structuring and Impact of Potential Tax Reform....more

Surcharge on Utility Users Imposed Under a Franchise Agreement is Not a Tax - California Supreme Court Holds Surcharge for...

by Best Best & Krieger LLP on

In an opinion anxiously awaited by many cities, the California Supreme Court held that a 1 percent surcharge on electric utility bills paid by Southern California Edison to the City of Santa Barbara, which were used for...more

Green Tax Incentive Compendium

by Robinson & Cole LLP on

Federal Tax Incentives for Renewable Energy and Energy Efficiency - Federal business income tax credit for renewable electricity production - A. GENERAL DESCRIPTION. The Federal Internal Revenue Code provides a business...more

Planned RET Amendments in Poland

by K&L Gates LLP on

On 28 June 2017, an official bill amending the Renewable Energy Sources Act and certain other acts (including the Act on Wind Farm Investments), was published on the website of the Government Centre for Legislation. One of...more

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