Sustainable Energy & Infrastructure

Public companies will be required to disclose climate risks and greenhouse gas emissions under President-elect Biden’s administration. The Securities and Exchange Commission (SEC) will institute rulemaking and guidance on the federal monitoring of environmental, social and governance (ESG) issues.

Late on December 21, 2020, the Senate debated and approved a COVID-19 relief package and omnibus spending bill for 2021 that included, deep in its 5,500-plus pages, tax extenders for a selection of renewables tax credits, including a one-year extension for the wind production tax credit ("ITC") and a two-year extension for the solar investment tax credit ("ITC"), as well as a five-year extension for offshore wind projects taking the ITC. The bill, which was earlier approved by the House, is expected to be signed by President Trump later this week.

This month, we are thrilled to feature Micatu, Incorporated [https://www.micatu.com/], a WAVE portfolio company that offers advanced sensor-based solutions for grid management.

This edition includes a feature on a USCIT ruling permitting implementation of the Trump administration’s bifacial solar tariffs; a story on Mintz client Micatu Inc.; recent M&A activity; an update from Washington; and a list of upcoming energy industry events

Don’t miss this month’s exciting virtual events, including a webinar on leveraging voter engagement for clean energy growth.

In a slip opinion issued on November 19, 2020, the United States Court of International Trade (“USCIT”) permitted the imposition of tariffs on bifacial solar panels, a victory for the Trump administration’s years-long effort to limit imports of foreign-made solar technologies.

This alert discusses the SEC’s November 17, 2020 adoption of rule amendments that allow the use of electronic signatures in some circumstances — a step that will streamline filing procedures for public companies.

Read about the SEC’s amendment to its capital raising rules for Regulation Crowdfunding to promote capital formation and expand investment opportunities.

M&A Activity: Read the latest round of M&A activity in the energy and sustainability space. Read here.

Energy & Sustainability Connections brings the latest developments in energy investing, legal insights, company activity, and industry events.

Don’t miss this month’s exciting virtual events, including a four-day conference on grid innovation and a webinar on overcoming storage interconnection barriers. Learn more here.

Client Feature: This month, we are thrilled to feature Yield10 Bioscience, Inc., an agricultural bioscience company developing crop innovations to improve global food security. Read here.

This issue of Energy & Sustainability Connections covers Quaise and its pioneering energy drilling system to unlock geothermal energy, energy policy news from Washington, recent M&A activity & more.

Learn about upcoming energy industry webinars, including a webinar on leveraging voter engagement for clean energy growth and the GTM Solar Summit.

Read about Quaise, an MIT-led startup pioneering a new energy drilling system in effort to unlock geothermal energy and its recent $6 million funding round.

Read about the SEC’s final amendments to the shareholder-proposal requirements of Rule 14a-8 under the Securities Exchange Act of 1934, as amended.

Read about recent M&A activity in the energy and sustainability space, including JOX Energy’s acquisition of EnergyWare and BayWa r.e. U.S.’s purchase of Enable Energy.

On September 17, 2020, the Federal Energy Regulatory Commission issued Order No. 2222 to allow for the greater participation of distributed energy resource aggregations in organized wholesale markets. The long-awaited rule is aimed at increasing competition in electric markets, enhancing grid flexibility and reliability, and leveling the playing field when it comes to organized capacity, energy, and ancillary services run by regional grid operators.