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Real Estate Development Energy Projects

Bennett Jones LLP

AER Denies Developer's Request to Share Pipeline Crossing Costs

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In a recent decision made pursuant to section 33 of the Pipeline Act, the Alberta Energy Regulator (AER) rejected an application filed by Qualico Developments West Ltd. (Qualico) seeking orders requiring Pembina Pipeline...more

Akerman LLP

Maximizing Tax Credits by Installing Solar at LIHTC Projects

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The increased interest in installing solar at affordable housing projects is not surprising given that the IRC Section 48 energy investment tax credit (ITC) could subsidize as much as 70 percent of the cost and the Inflation...more

DarrowEverett LLP

Should Solar Developers Pursue Community Solar? Incentives Can Be Key

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With the proliferation of renewable energy and sustainable technologies, individuals of every income range have tried to find ways to benefit from the technological advances. Those who have the resources and interest may...more

Troutman Pepper

I Lived It: Litigator Provides His Perspective on Solar Warranty Claims

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This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. These tips are based on my experience...more

Stikeman Elliott LLP

Clearing a Path for the Procurement of Renewable Projects in Atlantic Canada

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Amendments to electricity legislation in Atlantic Canada will create new opportunities for developers, investors and lenders, and allow for more efficient procurement of renewable power projects in these jurisdictions....more

Pullman & Comley, LLC

DEEP Issues Draft Guidance on Siting Solar Projects on Agricultural Lands: Virtual Public Meeting on August 16; Written Comments...

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In July of 2023, the Connecticut Department of Energy and Environmental Protection (DEEP) released Draft Guidance through its Sustainable, Transparent, and Efficient Practices (STEPS) for Solar Development public engagement...more

Holland & Knight LLP

The Final Content of California's Budget-Revised Infrastructure and CEQA Reform Trailer Bills

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As stated in Holland & Knight's recent alert detailing Gov. Gavin Newsom's package of 11 bills to amend the venerable California Environmental Quality Act (CEQA), meaningful reforms to CEQA have eluded all past governors in...more

Ballard Spahr LLP

IRS Issues Guidance on Clean Energy Tax Credits

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Summary - The IRS recently released guidance with respect to the new tax credit direct payment and transferability rules created under the Inflation Reduction Act enacted last August. The guidance explains how to register...more

BCLP

NSIP Action Plan: What does it mean for project promoters?

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The Government’s Action Plan on how it proposes to improve the NSIP planning process has some good ideas, most of which amount to fine-tuning rather than a fundamental change. Whilst some of the changes may increase the cost...more

Allen Matkins

Sustainable Development and Land Use Update - August 2022 #2

Allen Matkins on

State launches review of San Francisco’s housing approval practices Bullet SFGate – August 9 The California Department of Housing and Community Development (HCD) is launching an unprecedented review of San Francisco's housing...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - August 2022, Volume I, Issue XIV

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CASES OF NOTE - GRAVE MATTERS: THE PROTECTION OF PROPERTIES CONTAINING BURIAL SITES - Church of the Holy Spirit of Wayland v. Heinrich, 2022 WL 1419702, 101 Mass. App. Ct. 32 (2022)....more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - May 2022, Volume I, Issue XIII

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CASES OF NOTE - FINALIZE BUILDING PLANS EARLY ON TO AVOID DELAYS - St. Paul's Foundation v. Ives, 29F.4th 32, 33 (1st Cir. 2022) - A recent decision out of the First Circuit Court of Appeals emphasizes the...more

Manatt, Phelps & Phillips, LLP

CEQA to Project Proponents: ‘Why Can’t You Do Solar?’

What Happened - A mammoth case out of Lake Tahoe affirms a new environmental review obligation for project proponents: Why can’t you do solar? Upending what traditionally was a relatively straightforward analysis regarding...more

Pullman & Comley, LLC

Connecticut Department of Energy and Environmental Protection Set to Re-Issue Lapsed Stormwater Permit for Construction Activities

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As readers of prior client alerts may be aware, DEEP’s General Permit for the Discharge of Stormwater and Dewatering Wastewaters from Construction Activities (“Stormwater General Permit”) expired on October 1, 2020 and DEEP...more

Cozen O'Connor

NJBPU Approves Year 2 Application Process for Community Solar Energy Pilot Program

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In developments of interest to New Jersey electric utilities, solar developers, subscriber organizations, and eligible consumers, on October 2, 2020, the New Jersey Board of Public Utilities (NJBPU) moved forward with New...more

Orrick, Herrington & Sutcliffe LLP

Financial Incentives for Carbon Capture, Use and Sequestration

Background. - While the fossil fuel industry continues to enjoy a number of tax incentives, a new generation of tax incentives were enacted in the early 2000s to promote the use of renewable energy. These include the...more

Farrell Fritz, P.C.

A Win for Wind Power: Court Affirms Decision to Forgo Supplemental SEQRA Review of 600-Foot Wind Turbines

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The controversy in Matter of McGraw v Town Board of Town of Villenova (4th Dept Docket No CA 19-01362, Aug. 20, 2020) arose from the environmental review conducted on a proposed wind farm in upstate New York. The developer of...more

Pierce Atwood LLP

NY Appellate Court Enforces 60-Day Deadline for Local Governments to Require PILOT Agreements from Solar Developers

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Decision binding on all local state taxing authorities - The Appellate Division of the New York courts has affirmed that a local governmental taxing authority must notify a solar project developer within 60 days from when...more

Nossaman LLP

Transmission Line Permit Invalidated, USFWS Ordered to Redo Endangered Species Act Analyses

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On June 17, 2020, a federal court in Colorado vacated an incidental take permit (ITP) issued to the Nebraska Public Power District (NPPD) authorizing take of the endangered American burying beetle (ABB) that could occur in...more

Bricker Graydon LLP

The ABCs of solar PPAs for public sector entities

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In the past ten years, the cost of a solar panel installation has fallen by over 60 percent. As a result, onsite solar power has become an increasingly attractive way for consumers to manage electric costs and achieve...more

Farrell Fritz, P.C.

How and When to Challenge SEQRA Determinations: Addressing Ripeness and Finality in Article 78 Cases

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How and when to challenge multiple municipal actions regarding a single project often perplexes Article 78 litigants. Varying statutes of limitations may apply to actions taken at various stages for one project, and the...more

Hogan Lovells

US Government Proposes to Lift Ban on Financing Nuclear Energy Projects Overseas

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The United States has been struggling to compete with its peers in securing nuclear power plant construction projects around the world.  One of the factors impacting U.S. competitiveness is that many foreign countries such as...more

Pierce Atwood LLP

First Circuit Compressor Station Decision Vacates DEP Air Permit, Addresses Environmental Justice and Noise Issues

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On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) and remanded the matter to the agency for further analysis. The...more

Skadden, Arps, Slate, Meagher & Flom LLP

Guidance on Carbon Capture and Sequestration Tax Credit Provides Clarity for Developers and Investors

The Treasury Department and the Internal Revenue Service (IRS) recently released long-awaited proposed regulations regarding the carbon capture and sequestration tax credit provided under Section 45Q of the Internal Revenue...more

Morgan Lewis

IRS Releases Proposed Regulations for Carbon Sequestration Tax Credit

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The proposed regulations, released on May 28 and on which taxpayers may currently rely pending finalization, build on prior guidance for carbon capture and sequestration tax credits under Section 45Q of the Internal Revenue...more

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