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Guest Blog of the Week: Prospects for Climate & Energy Legislation in Late 2010—Part I

By Meredith Irvin and Erin Book, Managing Directors, SNR Denton In a week-long blog series, Meredith Irvin and Erin Book will summarize the main climate and/or energy proposals that are currently being discussed as we head into the final working days of the 111th Congress. Since the June...

California sets forth indicators of disproportionate impacts of climate change on environmental justice communities

To assist Cal-EPA with the examination of potential environmental justice concerns associated with climate change, Cal-EPA requested the Office of Environmental Health Hazard Assessment (OEHHA) [best known for its role in setting drinking water related Public Health Goals and in overseeing much of the...

Ballard Spahr LLP Alert: U.S. House Votes To Defund Biomass Energy Program; Fate Rests with Senate

By Daniel R. Simon The U.S. House of Representatives voted June 16 to defund the Biomass Crop Assistance Program (BCAP) as part of the agriculture appropriation bill (H.R. 2112) for fiscal year 2012. The U.S. Department of Agriculture created BCAP in 2009 to encourage the use of otherwise wasted...

Troutman Sanders LLP: Tax Basis for Solar PV Projects: Treasury Guidance

Owners, and in some cases, lessees, of qualified renewable energy projects are eligible for either an investment tax credit (ITC) equal to 30% of the tax basis for the project, or until the end of this year, a cash grant paid directly by Treasury in the same amount. The ITC is claimed on the taxpayer's...

Troutman Sanders LLP: EPA Defers Application of CO2 Emissions Rules to Biomass

The EPA on July 1, 2011 issued a final rule deferring for three years application of the Clean Air Act's Prevention of Significant Deterioration ("PSD") and Title V permitting requirements to carbon dioxide ("CO2") emissions from biogenic stationary sources. EPA and the Science...

Troutman Sanders LLP: Atlantic Wind Connection Project Adds Belgian Grid Firm Elia to Team

On July 22, 2011, the Atlantic Wind Connection ("AWC"), offshore transmission line project off the Mid-Atlantic coast that would bring thousands of megawatts of offshore wind capacity ashore ( see the October 12, 2010 edition of the WER ), announced that Belgium-based transmission company Elia...

Akin Gump Further Expands Project Finance and Renewable Energy Capabilities

WASHINGTON, D.C. - Akin Gump Strauss Hauer & Feld LLP has announced that it has expanded its project finance and renewable energy capabilities with the addition of partners Thomas B. Trimble and Jeremy R. Schwer, who have re-joined the firm's Washington, D.C., office from Hunton & Williams...

Troutman Sanders LLP: California Public Utilities Commission Adopts Renewable Auction Mechanism

On August 18, 2011, the California Public Utilities Commission (the "CPUC") approved a new procurement process called the Renewable Auction Mechanism, or RAM ("RAM"). According to the CPUC, "the RAM is a simplified and market-based procurement mechanism for large investor-owned...

Cadwalader Clients & Friends Memo: Investment in Alternative Energy After the End of Cash Grants

The cash grant program for renewable energy expires at the end of this year. When cash grants end, renewable energy projects will once again rely on "tax equity investors" to offer lower-cost financing in exchange for the tax credits and accelerated depreciation that are available to investments...

Deadline Looming for 1603 Cash Grants for Investments in Non-Traditional Energy Projects

The Section 1603 cash grant program has encouraged investments in solar, wind, and other non-traditional energy projects since its enactment in 2009. The latest U.S. Treasury estimates indicate that nearly 20,000 grants have been awarded with total funding in excess of $9 billion. These grant payments...

Ballard Spahr LLP: U.S. Army Plans To Issue Up to $5 Billion in Renewable Energy Contracts

By Roger D. Stark and Darin Lowder The U.S. Army has announced plans to solicit and award multiple indefinite delivery, indefinite quantity (ID/IQ) contracts which will be used in awarding Power Purchase Agreement (PPA) task orders for up to an aggregate amount of $5 billion, with individual task orders...

Ballard Spahr LLP: Today's Legal Regime for Biomass 'Qualifying Facilities' Under PURPA

By Daniel R. Simon Today's regulatory regime for a biomass qualifying facility (QF) is challenging. Long gone are the days when the Federal Energy Regulatory Commission required a host utility to purchase a biomass QF's energy output and exempted the facility from most regulatory requirements...

Troutman Sanders: China Finance: Venture Capital and Private Equity Cleantech Fund Structures for China Investments

This article is written by Edward Epstein , Office Managing Partner of Troutman Sanders' Shanghai Office. It appeared first in ACORE's Summer 2011 US-China Quarterly Market Review and is reprinted with ACORE's permission. To access the full Quarterly Market Review, click here and use this...

U.S. Energy Information Administration Monthly Reports

The U.S. Energy Information Administration released its most recent "Monthly Energy Review" on March 28, 2012. The Monthly Energy Review is the U.S. Energy Information Administration's primary report of recent and historical energy statistics. Included are statistics on total energy production...

State Net Capitol Journal Legislative Updates: States' Transportation Funding Needs Trumping Tax Aversion

STATES' TRANSPORTATION FUNDING NEEDS TRUMPING TAX AVERSION : This month Virginia's Republican-controlled House and GOP-Democrat-split Senate gave final approval to a $6 billion transportation funding overhaul proposed by the state's Republican Gov. Bob McDonnell that included, among other...

State Net Capitol Journal Legislative Updates: Hunting Bison in Montana and Deer in Indiana

ENVIRONMENT: The MONTANA House rejects SB 143, a bill that would have increased the number of hunting licenses for bison and prohibited the future relocation of the animals (HELENA INDEPENDENT RECORD]). • The INDIANA House approves SB 487, a bill that would allow the Hoosier State's five "high...

Sage-Grouse Protection Threatens Growth of Renewable Energy

The U.S. Fish and Wildlife Service is to decide whether or not to list the greater sage-grouse as threatened under the Endangered Species Act of 1973.[1] The proposed listing has caused conflict between two groups of environmentalists: conservationists and advocates of renewable energy such as wind power...

Changes To Reporting GHG Emissions From Renewable Energy, Low-Carbon Power Purchases

The World Resources Institute recently published new guidelines for entities to measure greenhouse gas (GHG) emissions from purchased electricity, Scope 2 emissions. This is the first major update to the GHG Protocol in many years, and responds to changes in the electricity market. The new GHG Protocol...

Texas Changes the Goal(s)

By Tricia Caliguire Some say you can't go back, but last week, I did go back -- to Austin, Texas, where I went to law school. Things changed -- the east side has been gentrified, the traffic is horrendous, and Molly Ivins is gone – and are much the same – including that having the...