The Solar Energy Industries Association (SEIA), a leading solar industry group, recently published a new supply chain traceability standard, Standard 101, for public comment. The standard is intended to provide “a rubric that...more
10/24/2024
/ Comment Period ,
Energy Sector ,
Imports ,
Manufacturers ,
Public Comment ,
Regulatory Standards ,
Renewable Energy ,
SEIA ,
Solar Energy ,
Supply Chain ,
Trade Restrictions ,
Transparency ,
Uyghur Forced Labor Prevention Act (UFLPA)
On May 16, 2024, the IRS released Notice 2024-41 (the “Notice”), modifying its preliminary guidance issued last May in Notice 2023-38 addressing the application of potential future rules that taxpayers must satisfy to qualify...more
In early October, California’s governor signed into law Senate Bill 38, which amends Section 761.3 of the California Public Utilities Code to address safety concerns with the booming battery energy storage (BESS) industry in...more
On December 23, 2021, President Biden signed into law H.R. 6256, known as the Uyghur Forced Labor Prevention Act. The act is intended to stem the importation of goods made with forced labor from the Xinjiang Uyghur Autonomous...more
12/28/2021
/ Biden Administration ,
China ,
Customs and Border Protection ,
Department of Labor (DOL) ,
Energy Sector ,
Forced Labor ,
International Trade ,
Office of Foreign Assets Control (OFAC) ,
Rebuttable Presumptions ,
Solar Energy ,
Supply Chain
In Recurrent Energy Development Holdings, LLC v. SunEnergy1, LLC, a North Carolina Superior Court addressed a dispute between two solar developers arising out of a letter of intent/exclusivity agreement. Under the agreement,...more
7/13/2018
/ Breach of Contract ,
Cross Motions ,
Development Agreements ,
Energy Projects ,
Energy Sector ,
Good Faith ,
Investment ,
Motion for Summary Judgment ,
Refunds ,
Solar Energy ,
Tax Equity
Late last year, a federal trial court in New York awarded a solar development company $11.6 million in damages against Suffolk County arising out of a dispute on a multi-site carport solar construction project. The basis for...more
10/18/2017
/ Breach of Contract ,
Building Permits ,
Commercial Leases ,
Construction Industry ,
Construction Project ,
Contract Terms ,
Covenant of Good Faith and Fair Dealing ,
Damages ,
Energy Sector ,
Parking Lots ,
Renewable Energy ,
Solar Energy ,
State and Local Government
An issue that repeatedly comes up in construction disputes is the scope of an arbitration agreement. Courts generally interpret agreements to arbitrate broadly, and, where the arbitrability of a specific claim has been at...more
9/21/2017
/ Arbitration ,
Arbitration Agreements ,
Construction Contracts ,
Construction Disputes ,
Construction Industry ,
Contract Disputes ,
Contract Interpretation ,
Energy Sector ,
Federal Contractors ,
Liberty Mutual Insurance Company ,
Performance Bonds
As solar technology continues to become more efficient, construction of solar plants is expanding rapidly around the world, including in colder environments that, in the past, may have lacked the irradiance necessary to make...more