Energy & Sustainability

This advisory discusses the SEC’s final rules — effective November 2, 2020 — governing voting advice provided by proxy advisory firms such as Institutional Shareholders Service (ISS) and Glass Lewis.

Read about the latest round of M&A activity in the energy and sustainability space.

This issue covers new Biden administration SEC requirements, a feature on XL Fleet, energy policy updates from DC, recent energy-related M&A activity, and upcoming industry events.

Don’t miss this month’s exciting virtual events, including a webinar detailing the COVID-19 pandemic’s impact on solar markets.

This month, we are excited to feature XL Fleet, an industry leader in fleet electrification.

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.

Read about the NY AG’s guidance that companies issuing securities to NY residents in private placements must comply with the Martin Act and file a Form D with the NASAA.

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

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

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.

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.

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.