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Tax Environmental

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

Add Batteries to Your Wind Farm and Get More (ITC) Juice

by McDermott Will & Emery on

A battery storage system added to a pre-existing wind facility is eligible for the investment tax credit, even if the facility has claimed the production tax credit. This is good news for taxpayers considering adding...more

Currents - Energy Industry Insights - November 2017

China Energy Investment Signs MOU for $83.7 Billion in West Virginia Projects "China Energy Investment Corp, the world's largest power company by asset value, has signed a memorandum of understanding (MOU) to invest $83.7...more

Senators Re-Introduce Bipartisan Bill To Extend MLP Benefits To Renewables

by Bergeson & Campbell, P.C. on

On October 25, 2017, bipartisan legislation aimed at leveling the playing field between renewable and fossil fuels was re-introduced in the Senate and House of Representatives. Senator Chris Coons (D-DE), along with eight...more

Energy & Sustainability Connections Newsletter - October 2017

by Mintz Levin on

Washington Update - Tax Reform - With the number of remaining 2017 legislative days dwindling, Capitol Hill remains fixed on tax reform as the next big push for the Republican majority, which is anxious for a...more

International Trade Commission Issues Recommendations for Tariffs on Imported Solar PV Equipment

by McDermott Will & Emery on

On October 31, 2017, the US International Trade Commission (ITC) released its recommendations to impose a tariff on imported solar equipment. The proposals it issued, however, would result in duties substantially lower than...more

CT Creates New Brownfields Program, Adopts Brownfields Tax Credit

by Holland & Knight LLP on

Buried in an 881-page budget bill passed Thursday by the Connecticut General Assembly was a new program to support remediation and reuse of brownfields – properties long contaminated and underutilized – as well as new job...more

Challenge to Electric-Drive/Hybrid-Drive Vehicle Fee: Supreme Court of Oklahoma Opinion

The Supreme Court of the State of Oklahoma (“Court”) issued an October 24th opinion addressing a challenge filed by the Sierra Club to Oklahoma legislation which created the Motor Fuels Tax Fee (“H.B. 1449 [ Legislation]”)...more

Worth Another Look: The Fiscal Code

We inched a little closer to a completed 2017-2018 state budget with the House’s final passage of H.B. 674 (Prime Sponsor Withdrawn), an omnibus bill amending the state Fiscal Code. The bill, which basically serves as an...more

The Revival of North Carolina General Assembly Special Sessions and Why They Matter

by Ward and Smith, P.A. on

Brief History of Special Sessions - In odd numbered years, after the North Carolina General Assembly adjourns its Long Session, the body typically abstains from lawmaking through the commencement of the Short Session the...more

Conservation Easements: Easement Deed Fails To Satisfy Perpetuity Requirement

by Fox Rothschild LLP on

In Palmolive Building Investors, LLC v. Commissioner, 149 T.C. No. 18, the Tax Court denied a charitable contribution deduction of a donated façade easement because the easement deed failed to satisfy the perpetuity...more

Oregon Targets Renewable Heating Companies for Increased Assessments

by Tonkon Torp LLP on

Biomass heating companies, which use renewable energy sources like wood, crop waste, or garbage to generate heat, will now come under central assessment in Oregon. Under central assessment, all of a company's property,...more

What’s New in Washington: 10 Things You Need to Know

Congress returned after Labor Day for a busy September and acted quickly to avoid a government shutdown by passing stop gap funding for Fiscal Year (FY) 2018 and raising the debt ceiling. The already crowded congressional...more

South Carolina Conservation Easements for Farm and Forestry Property

by McNair Law Firm, P.A. on

There are 12.9 million acres of commercial forestland in South Carolina. More than half of the forestland is family-owned, and 82% of private owners live on the land. The state also has about 25,000 farms, which encompass 4.9...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

Courts Issue Victories To Conservation Easement Donors

by Fox Rothschild LLP on

August brought three wins for taxpayers who donated conservation easements that were challenged by the IRS. In all of the cases, terms of the conservation easement deed document carried the day....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

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. Republicans Challenge Wording of Medicaid Expansion Question on Fall Ballot - Question 2 on...more

Fifth Circuit Vacates Denial of Charitable Tax Deduction For Conservation Easements

On August 11, the U.S. Court of Appeals for the Fifth Circuit decided the case of BC Ranch II, LP, et al., v. Commissioner of Internal Revenue, which involved charitable tax deductions based on the creation of conservation...more

New Cases Provide Mixed Messages to Conservation Easement Donors

Fifth Circuit encourages flexibility for conservation easement deductions in Bosque Mountain Ranch, while Tax Court makes it difficult for farmers in Rutkoske. Two important conservation easement opinions were handed down...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 21

by Clark Hill PLC on

US Budget Deficit Narrowed to $42.9 Billion in July: The federal budget deficit fell sharp­ly in July from a year earlier, largely because of a quirk in the calendar. The U.S. Treasury Department said that the budget gap came...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

Texas Third Court of Appeals Overturns TCEQ Action and Confirms that Statutory Provisions Mean What They Say

by Locke Lord LLP on

On July 11, 2017, the Third Court of Appeals at Austin (Texas) issued a decision in Freestone Power Generation, LLC et al. v. Texas Commission on Environmental Quality, Cause Nos. 03-16-00693-CV et al. (“Freestone Power”),...more

NBB Meets With Congress On Biodiesel Tax Incentive

On June 20, 2017, the National Biodiesel Board (NBB) announced that nearly 100 biodiesel advocates from across the country visited Capitol Hill to urge Congress to bring back the biodiesel tax incentive as proposed in both...more

Local Taxes on Non-Indian Possessory Interests in Indian Country OK’d by Court - BB&K Wins Major Victory for Local Agencies...

by Best Best & Krieger LLP on

In a major win affecting counties and local taxing entities throughout California, Best Best & Krieger LLP attorneys Roderick E. Walston and Steven G. Martin helped secure a federal court ruling that possessory interests held...more

News from Second & State

Weekly Wrap - Today marks just one week until the June 30 budget deadline. Seven days. A mere 168 hours to finish hashing out an over $30 billion state spending plan to carry us through the next fiscal year. While we still...more

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