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Environmental Government Contracting

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

The Renewable Electricity Program: the AESO releases the Request for Expressions of Interest and proposed support agreement terms

by Dentons on

On March 31, 2017, the Alberta Electric System Operator (AESO) issued a Request for Expressions of Interest (REOI) to initiate the first competitive procurement process as part of the Renewable Electricity Program (REP)....more

Results from California’s First Community Solar RFO

by Stoel Rives LLP on

The first round of procurement under California’s community solar program is nearly complete, and the early results suggest that no power purchase agreements (“PPAs”) will be awarded....more

Amendments to Japan's Renewable Energy Act

by Jones Day on

On April 1, 2017, substantial portions of the Amendments ("Amendments") to The Act on Special Measures Concerning the Procurement of Renewable Energy by Operators of Electric Utilities (the "Act") will become effective. These...more

Fifth Circuit Limits Reverse False Claims Act Liability

by Ropes & Gray LLP on

On December 13, 2016, in United States ex rel Simoneaux v. E.I. DuPont de Nemours & Co., No. 16-30141, 2016 WL 7228813 (5th Cir. Dec. 13, 2016), the Fifth Circuit rejected an expansive construction of “reverse” false claims...more

Massachusetts Announces New Solar Energy Incentive Program Proposal and Deadline Extension Procedures for Existing Program

The Massachusetts Department of Energy Resources (DOER) has announced its final proposal for the successor incentive program—named the Solar Massachusetts Renewable Target (SMART)—to the successful Renewable Portfolio...more

Your Cyber Minute: Ransomware attacks and what you need to know

by Hogan Lovells on

The conversation continues. Hogan Lovells Partner Harriet Pearson and Managing Principal of Hogan Lovells Cyber Risk Services Jeff Lolley address the threat around ransomware and the potential implications for companies that...more

"Mexican Energy Sector Restructuring: New Opportunities for Renewables"

The ongoing effort to restructure the power sector in Mexico, together with Mexico’s strong policy on combating climate change, have created compelling opportunities for investors in renewable energy projects that likely will...more

IRS Provides Safe Harbor for Solar Contracts with Federal Agencies

On January 19, 2017, the US Internal Revenue Service (IRS) released Revenue Procedure 2017-19 (the “Rev. Proc.”) providing a safe harbor for certain alternative energy sales contracts with federal agencies to be treated as...more

Water Act a “WIIN” for Infrastructure

by Shearman & Sterling LLP on

Last month, in a strong display of bipartisanship in an otherwise tense post-election political climate, Congress passed the Water Infrastructure Improvements for the Nation Act (“WIIN” or the “Act”). President Obama signed...more

Washington, D.C. Update – December 2016

by Baker Donelson on

With the last-minute passage of a Continuing Resolution (CR) to stave off a government shutdown, the 114th Congress has come to an end. When Congress returns in January, it will be faced with a number of immediate challenges,...more

Potential And Contingent Penalties Are Not Obligations Under The False Claims Act

On December 13, the U.S. Court of Appeals for the Fifth Circuit decided the case of United States of America, e ex rel. Jeffrey M. Simoneaux v. E. I. duPont de Nemours & Company. Reversing the district court, the Fifth...more

Autumn Statement – Greening Public Finance

by Latham & Watkins LLP on

The Autumn Statement (the Statement) highlighted sustainability of public finance as key to securing a strong and stable economy for the UK. The need to prioritise longer-term sustainability schemes over short-term economic...more

The Department of Energy’s Simplified IIP Process Goes Into Effect in November

by Latham & Watkins LLP on

On November 28, 2016, the Department of Energy’s (DOE) simplified Integrated Interagency Pre-Application (IIP) Process will go into effect. The IIP is a voluntary, pre-application process intended to streamline and...more

EPA Plays Defense in Mine Disaster

by Williams Mullen on

EPA finds itself in unfamiliar territory as the agency defends its involvement in a multi-state environmental disaster. In 2015, a contractor acting under EPA’s supervision used an excavator to dig away tons of rock and...more

Carbon Reduction Reshapes a Regional Electricity Market

Earlier this year, Massachusetts passed legislation that will require the state’s distribution utilities to purchase carbon-free electricity from hydropower and on and offshore wind farms under long-term contracts for up to...more

Planning, Tendering and Closing Global District Energy Projects

by King & Spalding on

The district energy industry has received a global boost through a global initiative supported by the United Nations Environment Programme (UNEP). The UNEP has called for governments, state owned enterprises and procuring...more

Real Estate and Land Use - August 2016 #2

Proactive Predevelopment for Successful P3s - A new report was recently published by the Urban Land Institute (ULI) called Successful Public/Private Partnerships: From Principles to Practice. The report provides valuable...more

Massachusetts Legislation Spurs Offshore Wind Power Development

by McDermott Will & Emery on

On August 8, 2016, Massachusetts Governor Charlie Baker signed into law a major energy bill aimed at putting Massachusetts at the forefront of states developing offshore wind power. The law, An Act Relative to Energy...more

Unique Ruling Regarding Joint CERCLA Liability and Government Contracting Law and Practices

Lockheed Martin Corporation, one of the largest defense contractors in the United States, operated three California facilities that manufactured solid-propellant rockets for the United States Department of Defense pursuant to...more

GAO Sustains Bid Protest Where, Among Other Things, the Agency Improperly Considered Cost Risk under Its Technical Evaluation

Recently, the Government Accountability Office (GAO) sustained a bid protest involving the U.S. Army Corps of Engineers’ (USACE) evaluation of proposals for remedial action and surface support assistance at the Gilt Edge Mine...more

EPA's Clean Energy Incentive Program

by Stinson Leonard Street on

Expansion of Eligible Low Income Community Projects to Include Solar Projects - The Environmental Protection Agency's Clean Energy Incentive Program (CEIP) allows participants to earn tradeable emissions credits for...more

Public Works Slowdown Following Implementation of the New Italian Public Procurement Code

by Latham & Watkins LLP on

The Italian Government definitively approved Legislative Decree no. 50 in April this year, implementing Directives 2014/23/EU, 2014/24/EU and 2014/25/EU of the European Parliament and European Council. The revised legislation...more

Brexit State Aid Implications

by Shearman & Sterling LLP on

State aid control is unusual internationally. State aid is entirely a matter of EU law and is administered by the EU. Unlike other areas of competition law, such as antitrust and merger control, there are no national rules or...more

Saving Private Partnerships: Court Upholds P3 Project against CEQA Challenge under Save Tara

A 2008 California Supreme Court decision, Save Tara v. City of West Hollywood, cast doubt on local governments’ ability to enter into agreements with private developers prior to completing project review under the California...more

DOE Awards $23 Million for Small Businesses Focused on Clean Energy Innovations

Earlier this week the Department of Energy (DOE) announced $23 million in funding for 23 new projects focused on developing clean energy technologies with a strong potential for commercialization and job creation. These small...more

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