To our clients and friends:

Thomas R. Burton III
Chair
Energy and Clean Technology (Boston)
(617) 348-3097
TRBurton@mintz.com

Brady Berg
Member
Corporate (Palo Alto)
(650) 251-7758
BBerg@mintz.com

Evan M. Bienstock
Corporate (Boston)
(617) 348-3090
EMBienstock@mintz.com

Travis L. Blais
Tax (Boston)
(617) 348-1684
TLLBlais@mintz.com

Faith L. Charles
Member
Corporate (New York)
(212) 692-6770
FLCharles@mintz.com

Ralph A. Child
Member
Environmental (Boston)
(617) 348-3021
RChild@mintz.com

Jonathan M. Cosco
Real Estate (Boston)
(617) 348-4727
JMCosco@mintz.com

David F. Crosby
Member
Intellectual Property (Boston)
(617) 348-1830
DFCrosby@mintz.com

Julian Crump
Managing Partner, Member
Intellectual Property (London)
+44 (0) 20 7776 7302
JCrump@mintz.com

Daniel I. DeWolf
Member
Co-Chair, Venture Capital and
Emerging Companies (New York)
(212) 692-6223
DDeWolf@mintz.com

David P. Dutil
Member
Corporate (Washington)
(202) 434-7425
DDutil@mintz.com

Susan L. Foster, Ph.D.
Corporate (London)
+44 (0) 20 7776 7330
SFoster@mintz.com

Jeremy D. Glaser
Member
Corporate (San Diego)
(858) 314-1515
JDGlaser@mintz.com

Jeremy B. Hayden
Of Counsel
Corporate (San Diego)
(858) 314-1524
JBHayden@mintz.com

Irwin M. Heller
Member
Corporate (Boston)
(617) 348-1654
IHeller@mintz.com

Katherine Comer Holliday
Of Counsel
Corporate (Boston)
(617) 348-1796
KHolliday@mintz.com

Richard A. Kanoff
Of Counsel
Energy Regulatory and
Project Development (Boston)
(617) 348-3070
RAKanoff@mintz.com

Patrick J. Kealy
Corporate (Boston)
(617) 348-1679
PJKealy@mintz.com

Jonathan L. Kravetz
Member
Chair, Securities (Boston)
(617) 348-1674
JLKravetz@mintz.com

Carl A. Kukkonen III
Member
Intellectual Property (San Diego)
(858) 314-1535
CAKukkonen@mintz.com

Cynthia J. Larose
Member
Corporate (Boston)
(617) 348-1732
CJLarose@mintz.com

David J. Leiter
Senior Executive Vice President
of Government Relations
ML Strategies (Washington)
(202) 434-7346
DJLeiter@mlstrategies.com

Jeffrey A. Moerdler
Member
Real Estate, Communications, Environmental (New York)
(212) 692-6700
JAMoerdler@mintz.com

David L. O’Connor
Senior Vice President for
Energy and Clean Technology
ML Strategies (Boston)
(617) 348-4418
DOConnor@mlstrategies.com

Jeffrey R. Porter
Member
Environmental (Boston)
(617) 348-1711
JPorter@mintz.com

Jennifer Sacco Smith
Real Estate (Boston)
(617) 348-1678
JSaccoSmith@mintz.com

Chuck A. Samuels
Member
Federal/Energy Efficiency (Washington)
(202) 434-7311
CASamuels@mintz.com

Paul J. Scapicchio
Senior Vice President
of Government Relations
ML Strategies (Boston)
(617) 348-3031
PJScapicchio@mlstrategies.com

Gabriel Schnitzler
Real Estate (Palo Alto)
(650) 251-7720
GSchnitzler@mintz.com

Sahir C. Surmeli
Member
Corporate (Boston)
(617) 348-3013
SSurmeli@mintz.com

Stanley A. Twarog
Member
Corporate (Boston)
(617) 348-1749
STwarog@mintz.com

Paula J. Valencia-Galbraith
Corporate (Boston)
(617) 210-6854
PVGalbraith@mintz.com

Michael D. Van Loy, Ph.D.
Intellectual Property (San Diego)
(858) 314-1559
MDVanLoy@mintz.com

Maureen J. Walsh
Director of Federal Government Relations
ML Strategies (Washington)
(202) 434-7388
MJWalsh@mlstrategies.com

Scott C. White
Corporate (San Diego)
(858) 314-1511
SCWhite@mintz.com

Peter B. Zlotnick
Member
Litigation (New York)
(212) 692-6887
PBZlotnick@mintz.com

www.mintz.com

www.mlstrategies.com

Energy and Clean Tech Connections

May 2009

In the May edition of Mintz Levin’s Energy and Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to the latest industry developments, news from Beacon Hill to Capitol Hill, grant opportunities, and upcoming events.

On April 27‚ the Advanced Research Projects Agency - Energy (ARPA-E) issued its first Funding Opportunity Announcement in the amount of $150 million. In line with ARPA-E’s mandate to promote ground-breaking‚ novel energy research, the solicitation targets “high risk, high reward” research that can be deployed rapidly. Applicants should have a relatively well-formed R&D plan that takes a nascent technology beyond the point of market entrance and to the point of having a significant impact on the nation’s energy industry. Individual awards will take the form of direct grants, and will range from $500,000 to $20 million. For more information, see Government Financial Assistance below.

On Capitol Hill, the revised version of the Waxman-Markey bill, known as the American Clean Energy and Security Act (ACESA), was released by the House Energy and Commerce Committee last Friday and began markup by the House this week. The final committee version contains significant changes from the original version of the bill that reflect bargaining with both conservatives and Southern Energy and Commerce Committee Democrats. These changes include a lower renewable energy mandate and a smaller required reduction in green house gas emissions by 2020. The new version of the bill also proposes giving away rather than auctioning off the majority of emissions allowances in order to offset the costs of investment in renewable energy and energy efficiency technologies.

The Energy and Clean Technology Practice Group is pleased to announce that Mintz Levin attorneys Sahir Surmeli and Scott White recently authored an article in Power & Energy Solutions entitled “Climate Change and Public Company Disclosure.” The article details recent legal, legislative, and regulatory developments that have brought climate change disclosure under public scrutiny, and their implications for public companies.

Mintz Levin was proud to host the inaugural session of the New England Clean Energy Council’s Fellowship Program. We look forward to the entrepreneurs in this program building great companies. We would also like to congratulate our client Big Belly Solar on completing its recent equity financing.

We hope that you enjoy this month’s edition of the newsletter.

In This Edition

In the News: United States

In the News: Europe

Government Financial Assistance

Privately Sourced Financial Grants

Federal and State Happenings

Legal News

Events

In the News: United States

Braemar Backs Electronic Ballast Supplier Fulham with $10M

Mass High Tech - May 19, 2009

Energy and Clean Tech Connections

In This Edition

In the News: United States

Braemar Backs Electronic Ballast Supplier Fulham with $10M

Daimler Takes 10% Stake in Tesla‚ Helps with Model S Launch

PG&E Upgrades BrightSource Deal to 1.3GW

Schott Solar Opens Plant Despite Downturn

Global Wind Installations Up 29% in 2008

Energy Storage Company Deeya Energy Completes $30M Series C Financing Round

Smart Grid Finance Rundown: VCs and Congress Rock the Grid

Solyndra & Satcon Launch Strategic Partnership

IBM Plays Sugar Daddy to Smart Grid

Instant Messenger of the Smart Grid

Clean Harbors Buys Eveready for $387M

First Solar Triples 1Q Net Income, Looks for New CEO

Dow Chemicals Signs on To Buy Gas from GreatPoint Plants

Analysts Slam SunPower After Unexpected 1Q Loss

CO2 Capture Tech Firm Powerspan Lands $50M

$376M Loan Enables First Wind’s Largest Project

Ausra Scores $25.5M for New Equipment Sales Focus

In the News: Europe

Cambridge Cleantech Company Secures Series A Funding

Siemens Installs 1MW Solar PV Plant in Italy

Fat Spaniel Targets EU Solar with SATEL Partnership

Masdar Joins E.ON, DONG for World’s Largest Wind Farm

Th!nk Gets EU-Wide Approval for EV Sales

Renewable Energy Firm Wants Scottish Base

Big Business Attacks Plan to Cut Carbon Emissions

Mainstream Renewable Power Reveals $1.5 Trillion for Offshore ‘Supergrid’

Europe’s Green Energy Vision Puts UK in Dark

UK Government Green Goals Face Failure

Vestas To Cut 600 Jobs in Britain as Wind Turbine Market is Becalmed in Northern Europe

Spain Plugs in Largest Solar-Tower Power Plant

Carbon Trust in £20M Hunt for Offshore Turbine Foundations

Darling Powers up Clean Energy

Carbon Budget ‘Will Increase Fuel Poverty’

UK to Spend £250M on Electric Car Incentives

Government Financial Assistance

Grants

Demonstration of Integrated Biorefinery Operations

Clean Cities FY 09 Petroleum Reduction Technologies Projects for Transportation Sector: Area 4 of Interest: Alternative Fuel and Advanced Technology Vehicles Pilot Program

Recovery Act - Advanced Research Projects Agency - Energy (ARPA-E)

Advanced Water Power - Topic Areas 1, 2, & 3

Advanced Water Power - Topic Areas 4, 5, & 6

Biomass Research and Development Initiative

Energy Innovations Small Grant Program

Enhanced Geothermal Systems Component Research and Development/Analysis

Recovery Act - Demonstration of Integrated Biorefinery Operations

Advanced Technology Vehicles Manufacturing Loan Program

Massachusetts Technology Collaborative Sustainable Energy Economic Development (SEED)

Massachusetts Technology Collaborative Business Expansion Initiative (BEI)

Massachusetts Technology Collaborative Large Onsite Renewables Initiative

Massachusetts Green Energy Fund

Unsolicited Proposals to the Massachusetts Renewable Energy Trust’s Industry Investment and Development (II&D) Program

Focus on Energy Renewable Energy Incentives & Grants

Tax Incentives and Rebates

Federal Modified Accelerated Cost Recovery System

Federal Business Investment Tax Credit

Federal Renewable Power Production Tax Credit

Federal Tax Credits for Home Builders

Federal Tax Deductions for Commercial Buildings

Self-Generation Incentive Program

California Property Tax Exclusion for Solar Energy Systems

Massachusetts Alternative Energy and Energy Conservation Patent Deduction (Personal and Corporate)

Massachusetts Hydropower-Property Tax Exemption

Massachusetts Local Property Tax Exemption

Massachusetts Corporate Income Tax Deduction

Massachusetts Technology Collaborative Commonwealth Wind Incentive Program: Micro Wind

Massachusetts Technology Collaborative Commonwealth Wind Incentive Program: Community-Scale Wind

Massachusetts Commonwealth Solar

Privately Sourced Financial Grants

The Energy Foundation Grants

The Renewable Fuels Foundation Grants for Ethanol Production

The Carbon Trust

Federal and State Happenings

On Earth Day Vice President Biden Announces $300M in Recovery Act Funds for Clean Cities Program

California Adopts Low Carbon Fuel Standard

Obama and Salazar Release Framework for Renewable Energy Development on OCS

Small Wind Energy Project Proposed for Massachusetts Turnpike

U.S. Government Furthers Its Commitment To Invest in Renewable Energy R&D