Legal Update
16 April 2013
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Mayer Brown Legal Update
The US Internal Revenue Service has issued Notice 2013-29, which provides guidance on the “beginning of construction” requirement to qualify for the Section 45 production tax credit, as well as the election to claim the Section 48 investment tax credit.
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Media Coverage
16 April 2013
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Law360
Tax Transactions & Consulting partner Jeff Davis (Washington, DC) is quoted on the Internal Revenue Service making certain renewable energy projects eligible in 2014 for the production tax credit if developers make significant physical construction work this year or spend more than 5% of the project's total cost in 2013.
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Legal Update
4 April 2013
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Mayer Brown Legal Update
On March 28, 2013, the United States Commodity Futures Trading Commission (CFTC) issued two final orders. The first, the RTO/ISO Order, exempts four types of specified transactions in certain organized markets of five petitioning regional transmission organizations (RTOs), independent system operators (ISOs) and the Electric Reliability Council of Texas (ERCOT). |
News Release
19 February 2013
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Mayer Brown, a leading global law firm, announced today that it has been recognized in the inaugural LMG Clean Technology & Renewable Energy guide, published by Euromoney’s Legal Media Group. The guide is a definitive resource for practical, in-depth analysis of the clean technology and renewable energy legal market in the United States.
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Legal Update
23 January 2013
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Mayer Brown Legal Update
The US Federal Energy Regulatory Commission (FERC) has issued a final Policy Statement (Statement) to refine and clarify its policy guidance regarding capacity allocation for new merchant transmission projects and non-incumbent cost-based, participant-funded transmission projects. |
Legal Update
3 January 2013
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Mayer Brown Legal Update
On January 2, 2013, President Obama signed into law the American Taxpayer Relief Act of 2012 (the “Act”), which was passed by both the Senate and House of Representatives on January 1, 2013. |
News Release
2 January 2013
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Mayer Brown, a leading global law firm, announced that Bill Hart Jr. has joined the firm in Houston as a partner in the Banking & Finance practice. Previously, he was a partner with Baker Botts in Houston.
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Legal Update
2 January 2013
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Mayer Brown Legal Update
On November 15, 2012, the US Federal Energy Regulatory Commission (FERC) issued a Policy Statement to provide additional and revised guidance regarding its evaluation of applications for electric transmission incentives under section 219 of the Federal Power Act.
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Legal Update
17 October 2012
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Mayer Brown Legal Update
On October 17, 2012, the European Commission adopted a proposal for a new directive amending the two major pieces of EU legislation on biofuels: Directive 2009/28/EC on the promotion of the use of energy from renewable sources (Renewable Energy Directive or “RED”) and Directive 98/70/EC relating to the quality of petrol and diesel fuels (Fuel Quality Directive or “FQD”), both in force since 2009.
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Legal Update
10 September 2012
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Mayer Brown Legal Update
The US Court of Appeals for the Third Circuit has reversed a Tax Court decision in Historic Boardwalk Hall LLC v. Commissioner, and disallowed tax credits that were allocated to a private investor.
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Legal Update
13 August 2012
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Media Coverage
3 August 2012
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Bloomberg BNA Daily Tax Report
Tax Transactions & Consulting partner Jeff Davis (Washington, DC) quoted in an article on the Senate Finance Committee’s approval of legislation that would extend for one year a production tax credit for the wind power industry and other expiring energy incentives.
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Media Coverage
2 August 2012
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Bloomberg BNA Daily Tax Report
Tax Transactions & Consulting partner Jeff Davis (Washington, DC) quoted in an article discussing efforts by the Senate Finance Committee to extend the wind power industry's production tax credit.
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Media Coverage
2 July 2012
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Recharge
Article profiles Government Relations partner Bob Hertzberg (Los Angeles) and his solar initiative in the UK, G24 Innovations.
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Media Coverage
25 April 2012
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Law360
Bylined article by Chicago Banking & Finance partner Paul Forrester discusses the memorandum of understanding signed by the Obama administration and five Great Lakes littoral states that is intended to streamline the efficient and responsible development of offshore wind energy resources in the Great Lakes.
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Mayer Brown Legal Update
The aim of this legal update is to provide a brief overview of the recent French tender relating to offshore wind facilities for the first five areas identified by the French government ("3GW tender").
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Legal Update
25 July 2011
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Mayer Brown Legal Update
On July 21, 2011, the US Federal Energy Regulatory Commission (FERC) issued Order No. 1000,1 a landmark order regarding transmission planning and allocation of the related costs. (The rulemaking that led to Order No. 1000 was previously discussed in our Legal Updates dated June 21 and July 27, 2010.) Order No. 1000 potentially represents the next significant step toward making electric transmission planning a key priority for FERC.
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Legal Update
14 July 2011
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Mayer Brown Legal Update
US Secretary of the Interior previously announced a “Smart From the Start” initiative for Atlantic offshore wind development that is anticipated to dramatically reduce timelines for related environmental permitting.
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Legal Update
30 June 2011
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Mayer Brown Legal Update
On June 30, 2011, the US Treasury Department (Treasury) posted guidance (Guidance) to assist applicants in determining their cost basis for certain solar photovoltaic (PV) properties for purposes of the Section 1603 grant (Grant).
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Mayer Brown Legal Update
The United States has claimed victory in its World Trade Organization (WTO) challenge to China’s wind power equipment subsidies. In a June 7, 2011 announcement, US Trade Representative Ron Kirk stated that the United States had successfully challenged China’s Special Fund for Wind Power Equipment Manufacturing (Special Fund) and secured China’s agreement to end the program. The United States had filed a request for consultations with China on December, 22 2010, signaling a potential WTO dispute on the Special Fund. The United States and China held consultations on February 16, 2011.
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Mayer Brown Legal Update
At its last meeting on May 19, 2011, the US Federal Energy Regulatory Commission (FERC) issued final orders in several important and high-profile electric transmission cases, granting (or reaffirming) incentive rates, including return adders, construction work in progress (CWIP) treatment, and collection of costs of abandoned projects. At the same time, reflecting the disputes that have accompanied its transmission investment incentive policy, FERC initiated an notice of inquiry (NOI) on the underlying program.
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Bylined article by Chicago Energy partner Joanna Horsnail and associate Nate Galer discusses negotiating financeable project documents for wind projects in the US.
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Media Coverage
18 May 2011
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North American Windpower
Bylined article by Chicago Litigation partner Kevin Desharnais discusses new Draft Land-Based Wind Energy Guidelines from the US Fish and Wildlife Service.
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In a dramatic demonstration of Congressional “Fire, Ready, Aim” and fully six-months before the scheduled report of the specially charged Financial Crisis Investigation Commission, President Obama signed the Dodd-Frank Act into law in July 2010. Even though the Act focuses mainly on financial institutions and the financial system, Dodd-Frank will have potentially significant consequences for energy companies and investors therein and related markets for energy goods and services.
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