Sustainable Energy & Infrastructure

Read about patent litigation involving Tesla and electric vehicle technology, the DOE’s new critical mineral assessment, EV and powertrain manufacturer Proterra’s decision to file for bankruptcy, and battery maker Freyr Battery.

On July 28, 2023 the Federal Energy Regulatory Commission issued Order No. 2023, a landmark order in which the Commission concluded definitively that the existing pro forma generator interconnection procedures and agreements are insufficient to ensure that interconnection customers are able to interconnect to the transmission system in a reliable, efficient, transparent, and timely manner. Read more to learn about the Order.

Plaintiffs’ attorneys are increasingly bringing false advertising class action lawsuits that target companies’ inflated claims about the sustainability of their products — or “greenwashing.” Mintz litigators and energy attorneys discuss how regulators are focusing on these issues and provide an in-depth analysis of private litigation in this area.

This issue of Energy & Sustainability Connections includes features about compliance issues associated with new ESG requirements for banks that hold public funds, solar manufacturing innovator CubicPV, the firm’s addition of energy regulatory and transactional attorney Steven Shparber, recent M&A activity, the latest energy policy updates from Washington, and litigation developments, plus a list of upcoming industry events and Mintz’s energy funding matrix.

Read about letters Republican congressmen recently sent letters on behalf of the House Committee on the Judiciary to asset managers and nonprofit organizations demanding documents related to an allegedly collusive agreement to decarbonize and reduce emissions.

Read about solar manufacturing innovator CubicPV and its recent announcement that it has secured more than $100 million in equity commitments, which will support its US factory plans and product roadmap.

Learn about upcoming energy industry events, including an MCEC webinar titled Powering the Future: A Massachusetts Clean Energy Workforce Needs Assessment. 

Read about recent M&A activity in the energy and sustainability space, including Emcor Group’s definitive agreement to acquire national energy efficiency specialty services firm ECM Holding Group.

Our July 2023 Energy & Sustainability Washington Update covers new Bipartisan Infrastructure Law & Inflation Reduction Act opportunities, the strong growth in energy-related jobs, IRS and Treasury department guidance on the Section 48C advanced energy tax credit, funding programs for solar power, electric vehicles, and weatherization, plus the Rural Energy Savings Act and legislation aimed at expediting transmission siting and permitting practices.

Learn about upcoming energy industry events, including the Northeast Hydrogen Infrastructure Summit.

This issue of Energy & Sustainability Connections includes news about an IRS notice clarifying the 48C program application process, Mintz’s work counseling NET Power on its completed SPAC business combination with Rice Acquisition Corp. II, recent M&A activity, the latest energy policy updates from Washington, and litigation developments, plus a list of upcoming industry events and Mintz’s energy funding matrix.

Read about the likely release of the SEC’s proposed climate disclosures rule in October and the CFTC’s recent call for whistleblower tips concerning fraud or manipulation in the carbon markets.

Read about recent M&A activity in the energy and sustainability space, including Rice Acquisition Corp.’s acquisition of Net Power and OZZ Electric’s purchase of NW Wind and Solar.

Read about IRS Notice 2023-44, which clarifies the 48C program application process and timeline following amendments to the program under the Inflation Reduction Act and an earlier notice providing application guidelines.

From July 2021 through March 2023, the SEC sent reporting entities more than 100 letters seeking information on climate change topics and nearly 170 letters concerning greenwashing. In an in-depth analysis, Mintz attorneys identify and analyze the frequency of various categories of questions as well as the industries and characteristics of the businesses targeted.

Our June 2023 Energy & Sustainability Washington Update covers new Bipartisan Infrastructure Law & Inflation Reduction Act opportunities, how the bipartisan debt ceiling compromise would impact the energy sector, a GSA pilot of requirements to use low embodied carbon construction materials, and two pending federal energy bills — the Energy Emergency Leadership Act and the Carbon Limiting Emissions At Refineries Act.

This issue of Energy & Sustainability Connections includes news about proposed Texas legislation that would impose onerous permitting requirements on wind and solar energy facilities, microgrid design and operation software provider Xendee, and ZwitterCo’s recent Global Water Award, plus a roundup of recent M&A activity, energy policy news from Washington, reports on litigation developments, a list of upcoming industry events, and Mintz’s energy funding matrix.

Read about recent M&A activity in the energy and sustainability space, including Liberty Energy’s acquisition of Siren Energy, a provider of global energy transition technology intended to work with lower-emission fuels.

Read about microgrid design and operation software provider Xendee and its MOBILITY product, which enables firms to rapidly design EV charging infrastructure and support distributed energy resources.