Energy & Clean Tech Connections: Your Law Firm Link to Industry News

July 2012

In the July edition of Energy & 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 local governments to Capitol Hill, grant opportunities, and upcoming events.

This month, the Energy and Clean Technology Practice Group would like to congratulate Mintz Levin’s client SpectraSensors, Inc. on its merger with Endress + Hauser (Pty.) Ltd. SpectraSensors develops, manufactures, and distributes laser-based gas analytical instrumentation used in natural gas pipelines and plants, petrochemical refineries, and chemical plants as well as atmospheric monitoring. The company, which generates annual sales of approximately $30 million, joined forces with Endress + Hauser, a leading international supplier of industrial measurement and automation equipment. Endress + Hauser, which is based in Sandton, South Africa, purchased SpectraSensors for an undisclosed amount, with the goal of expanding into liquid and gas analytics, a field that promises to play an important role in future key markets, such as safeguarding energy supplies.

Also this month, Mintz Levin was recognized as one of the “40 Hottest Partners in Bioenergy and Bio-based Materials” by Biofuels Digest for 2012 through industry voting. This is another big award for our Energy and Clean Technology Practice Group, and we were proud to be recognized alongside the very select group of industry leaders featured on the list.

On Capitol Hill, in a 64-35 vote on June 21, the Senate passed a five year bipartisan reauthorization of the Farm Bill (S. 3240). The bill provides $800 million for rural energy programs, including loan guarantees for on-farm renewable energy, energy efficiency projects, and research and development for advanced biofuels. Though it does not create any new energy programs, it reauthorizes the Rural Energy for America Program that provides guarantees for renewable energy and energy efficiency projects, as well as other existing programs. The Senate also rejected an attempt by Republican members to repeal the Renewable Fuels Standard, and discarded amendments that would have eliminated biorefinery, renewable chemical, and bio-based product manufacturing assistance.

The Senate rejected Senator James Inhofe’s (R-OK) proposal to nullify the Environmental Protection Agency’s mercury and air toxics standard (MATS) in a June 20 vote (46-53). The MATS rule, also known as Utility MACT (Maximum Achievable Control Technology), requires that power plants adopt mercury and air pollution emission controls that achieve performance levels of the best technologies currently in operation. Senator Inhofe’s proposal is the latest attempt in a broader effort by Republicans in Congress to chip away at the EPA’s authority.

The House approved (248-163) an energy bill that would delay Environmental Protection Agency regulations until an interagency committee examines their effect on gas prices and the economy and would streamline oil and gas permitting on federal lands. The bill is largely a political statement of the Republican controlled House, as the Senate is unlikely to take up similar legislation and the White House has stated that it would veto such a bill if it were ever to reach the president’s desk.

In upcoming events, Sahir Surmeli, Co-Chair of Mintz Levin’s Energy & Clean Technology Practice Group, will be a panelist at the New England Clean Energy Council’s Finance Series – The Ramifications of the JOBS Act on Clean Energy Financing and IPOs. Come to learn about how the JOBS Act can enable clean tech companies to raise funds, seek venture capital, go public, and tap crowdfunding more easily.

We hope that you enjoy this month’s edition of the newsletter. For the most up-to-date information on federal legislation and programs, read the most recent ML Strategies Energy & Environment Update.

Mintz Levin’s Monthly Innovator Profile

The Cleantech Open has started to name semifinalist teams for the 2012 Business Competition and Accelerator, the largest program of its type in the world, and the team ideas are as innovative as in the past. From the Northwest region, team Regenergy366 has a patented exhaust energy recovery technology to cut the intense operating costs of commercial and industrial HVAC/refrigeration systems by capturing the exhaust expelled by HVACR systems to generate on-site electricity. In the Northeast, Invisergy has developed a transparent, electricity-generating window for installation in commercial real estate.

Last month, clean tech entrepreneurs, investors, and professionals gathered for Cleantech Open Academies across the nation. The Cleantech Open East Coast Academy took place here in Boston, and Mintz Levin’s own Sahir Surmeli moderated a panel on “Finding and Working with Customers,” geared to help teams start thinking strategically about their market approach. Stay tuned to find out which team wins the $250,000 prize.

In This Edition

In the News: United States

In the News: Europe and Asia

Government Financial Assistance

Privately Sourced Financial Grants

Federal and State Happenings

Legal News

Events

In the News: United States

The 40 Hottest Partners in Bioenergy and Bio-based materials

BiofuelsDigest – June 14, 2012

Energy & Clean Tech Connections: Your Law Firm Link to Industry News

The 40 Hottest Partners in Bioenergy and Bio-based materials

EIA Outlook: US Energy Use to Slow While Crude Production Rises

Primus Green Energy Primes Its Pumps To Make High Octane Bio-Gasoline

S&P Says Capital Markets Are Key to Clean Energy Funding Needs

NH Adopts Full Thermal Incentive for Renewable Portfolio Standard

Soladigm Raises $55 Million for Smart Windows

NextEra Wins Auction for World’s Biggest Solar Project

Arizona Regulators Undermine Their RES, Kick Off Fight for Solar

Solar Firm That Got DOE Loan Will Declare Bankruptcy

Advanced Battery and Energy Storage Company Aquion Energy Gets $15 Million

Who Owns Solar?

Controversial Clean Power Line Is Finally Live

A123 Talks New Battery Tech, New Hires, and More Focus on Grid Storage

Silver Spring Brings New Smart Grid Partners on Board

E.ON Climate & Renewables Finalizes $150 Million Financing

Indow Windows Completes Series A Financing

Clean Energy Investment in 2011 Revised Up to Record $280bn

Offshore Wind Gets Boost in New England

Who Manufactures the Most Sun, Wind, and Greentech in the World?

Solar Crowdfunding Website Raises $2.5 Million

SolarCity and US Bancorp Announce New $250 Million Solar Fund

Kleiner Perkins Files Response to Lawsuit, ‘Vigorously Denies’ Discrimination

IPART Finalises 'Fair' Price for NSW Solar Feed In Tariff

U.S. DOC to increase CVD Tariffs on Imports of Chinese PV

Carbon at Korea Companies in Market Rose 9.1%: New Energy

OPIC Board Approves $175 Million for Two Renewable Energy Investment Funds

German Government, States Agree Solar Incentive Cuts: MPs

Rio+20: USA Announces Africa Clean Energy Finance Partnership

Khosla-backed Sunborne Energy raising $20m for Indian Solar

Power Plus Communications Raises 12 Million Euros in Growth Capital

Japanese Government Approves Renewable Energy Incentives

Solar Boom Heads to Japan Creating $9.6 Billion Market

Walney Offshore Windfarm Fully Operational

A Chinese Solar Company You Should Know: Hanergy

IKEA To Go Solar in China

Spain and Portugal Can Become Manufacturing Bases for Chinese Solar Companies

Open Data and "Crowdsourcing" Can Help Developing Countries Make Crucial Decisions on Energy Planning

India’s Boom in Green Technology Business

China Solar Companies Gain on Europe Pain in Shift East

CCC and EBTC Bring Complex Cleantech Solutions to India

Solar Industry Has One Year of Inventory, French Lobby Says

Solarworld Sees China Dumping Case in June Amid German Support

LDK Rises on Plans to Build 600 Megawatts of China Solar Plants

Federal Business Energy Investment Tax Credit

Federal Renewable Electricity Production Tax Credit

Federal Tax Credits for Consumer Energy Efficiency

Federal Energy-Efficient Commercial Buildings Tax Deduction

California Self-Generation Incentive Program

California Property Tax Exclusion for Solar Energy Systems

Massachusetts Incentives/Policies for Renewables & Efficiency

Massachusetts Clean Energy Center: Commonwealth Wind Incentive Program – Micro Wind

Massachusetts Clean Energy Center: Commonwealth Solar II

Energy Efficiency Programs Offered by Massachusetts Utilities

Massachusetts RPS Solar Carve-Out

BIRD Energy: U.S.-Israel Joint Renewable Energy Grants

New Generation Energy Grants, Loans & Microloans

GE Ecomagination Challenge: Powering the Grid

The Energy Foundation Grants

The Carbon Trust: Entrepreneurs Fast Track

Renewable Energy Promotion Part of REAP Program

Connecticut Clean Energy Financing Program To Launch in 2013

Renewable Energy Versus Industry Groups in Michigan

Oregon Reins in Tax Credits for Clean Energy

Wind Turbines Planned for Northwest Illinois Generate Controversy

New York Court Nixes Challenge to Carbon Market

Northeast Carbon Emissions Dropping 23% a Year, Cap-and-Trade Successful

Energy and Environment Update

Energy and Environment Update

Energy and Environment Update

Energy and Environment Update

Energy and Environment Update

Federal Court Dismisses Challenge to Clean Air Rules Spawned by Massachusetts Lawsuit Against EPA

Martha’s Vineyard Fishermen and Cape Wind Announce Settlement Agreement; Lawsuit Dropped

Maryland Man Convicted in Biodiesel Scam

Christie Administration Sued Over Emissions Initiative Pullout

Intersolar Exhibition and Conference

The Ramifications of the JOBS Act on Clean Energy Financing and IPOs

Breakfast Seminar: Cloud Technology – New Tools for the Energy Challenge

The Hurdles, Challenges and Fuels for Environmental Compliance