EPA last Thursday proposed two additional sets of regulations as part of the Agency’s effort to regulate greenhouse gases (GHGs) beginning on January 2, 2011.  Under four EPA regulations issued in the last year—the Endangerment Finding, regulations addressing GHG emissions from new light-duty vehicles beginning in vehicle model year 2012, the so-called “Johnson Memorandum Reconsideration,” and the Tailoring Rule—new and modified stationary sources of GHG emissions will be required to obtain air permits including Best Available Control Technology (“BACT”) conditions to control those emissions.  Further background on these regulations is found in the article Waste-Deep in the Big Muddy, by Troutman Sanders Climate Change Team Chair Peter Glaser.  [Read more →]

The Department of Energy (“DOE”) Loan Guarantee Program provides loan guarantees under Title XVII of the Energy Policy Act of 2005 to eligible energy projects in response to solicitations issued by the DOE.  Congress provided additional support for the Loan Guarantee program by appropriating $6 billion for credit subsidy costs pursuant to the American Recovery and Reinvestment Act of 2009. [Read more →]

Assateague Coastkeeper et als. v. Alan and Kristen Hudson Farm and Perdue Farms Incorporated, Civil Action WMN-10-cv-0487, D.Md. (slip op. dated July 20, 2010).

Defendant Perdue Farms Incorporated (“Perdue”) unsuccessfully sought dismissal of this Clean Water Act citizen’s suit, even though it did not own or directly operate the Hudsons’ chicken growing operation. This case thus extends citizen’s suit liability to parties, like Perdue, who are not directly responsible for water pollution but have sufficient control over the water-polluting activities of their contractors. [Read more →]

Tax Credit Bonds are taxable obligations issued by state and local governments and governmental entities for a wide array of qualifying purposes.  Unlike bonds that bear interest that is exempt from federal gross income tax, Tax Credit Bonds entitle the bondholder to a direct subsidy in the form of a federal tax credit, and in some cases receipt of interest that is includable in gross income for federal income tax purposes, rather than the issuer paying the bondholder tax‑exempt interest.  There are a variety of purposes for which Tax Credit Bonds can be issued, two of which relate to the areas of renewable energy and conservation:  (1) new clean renewable energy bonds (“New CREBs”)* and (2) qualified energy conservation bonds (“QECBs”).  Both New CREBs and QECBs are subject to certain rules applicable to tax credit bonds and to federal labor standards.  See General Tax Credit Bond Rules and Davis‑Bacon Labor Standards below. [Read more →]

On July 22, 2010, Senate Democrats held a caucus meeting  to discuss strategies for passing energy legislation in the Senate, after which they announced that they have temporarily abandoned plans to introduce a comprehensive bill before the August recess including either cap-and-trade of carbon emissions or a renewable electricity standard.  Senate Majority Leader Harry Reid (D-NV) spoke to the media after the caucus, announcing that Democrats will instead introduce a smaller energy bill headlined by BP oil-spill response legislation. [Read more →]