Landfill Purchaser Must Pay Unexpected Royalties to Former Owner

Landfills contain significant amounts of gas that can be used to generate energy.  Occasionally, the original landfill developer will sell the landfill operation in exchange for long-term royalty payments.  Renewable energy developers seeking to develop a landfill gas operation should …

Renewable Energy Developer Asserts Misrepresentation Claims Against Investor

Developer and Investor entered into a business venture through which Developer would construct a wind power project and Investor would find the necessary capital to fund the project.  The parties executed various agreements before construction and soon after construction began.  …

Webinar on Minimizing Disputes in Energy Project Development

AHC attorneys David R. Cook and Roland F. Hall will present a webinar on ways to minimize disputes in energy projects. The webinar will focus on project contracts and their role in reducing ambiguity and potential for disputes among project …

Considerations In Developing A Renewable Energy Project

Not all renewable energy projects involve multi-million-dollar investments or mega-construction firms.  But most will require substantial sums of money, and all will involve substantial risk that must be managed.  Project participants should identify these risks and find ways to avoid, …

IRS Will Share Taxpayer Information to Detect Section 1603 Wrongdoing

In a Chief Counsel Advisory, the IRS discussed whether it had authority to share confidential taxpayer information with the Treasury Department’s Office of Fiscal Assistant Secretary (“OFAS”).  In discussing the restrictions on such disclosure, the advisory also identified key compliance …

Tax Deduction For Energy Efficiency Projects

According to the Department of Energy, energy usage in commercial buildings continues to increase.  It comes as no surprise that building owners are seeking ways to decrease their electric utility bills through energy efficiency measures.  In addition to reduced electric …

Guest Blogger, David Feldman of NREL, Discusses Treasury Scrutiny of Section 1603 Applications and Grants

Recent documents released from the IRS and the U.S. Department of Treasury show increased scrutiny on Treasury’s 1603 Cash Grants in Lieu of Energy Tax Credits program.  The program has awarded a significant amount of money to renewable energy project …

AHC Attorney David Cook to Present on Energy Savings Projects at GlobalCon 2012 Energy Conference

AHC attorney David R. Cook will speak at the Association of Energy Engineers’ GlobalCon 2012 conference in Atlantic City. He will discuss issues related to Energy Efficiency and Energy Savings Projects. Energy savings projects present complicated construction issues for owners, …

Treasury Identifies Ineligible Costs Under Section 1603

The Treasury Department is vested with the authority to review and approve applications for funding by the Section 1603 grant program.  In completing such applications, applicants should consider the key areas of concern and past rejection by the Treasury Department.  …