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Challenges in Solar Equipment Finance
This article is the second in a two-part series exploring state law limitations on various methods of financing solar equipment. Part One (which appeared last month; see http://bit.ly/2cXaH5z) explored the reasons why distributed generation customers might choose loans, power purchase agreements (PPAs) or leases to finance their acquisition of solar energy or solar equipment. It also explored various state law limitations on PPAs. Part Two, herein, explores the laws in various states related to solar leases and the differences between solar leases and PPAs, as well as the implications of such laws on the financing industry and its customers.
State Laws on Solar Leasing
Leasing solar equipment to users of electricity could also potentially face legal challenges, although these types of challenges seem to be less common. See K. Kollins et al., “National Renewable Energy Laboratory, U.S. Dept. of Energy, Solar PV Project Financing: Regulatory and Legislative Challenges for Third-Party PPA System Owners,” 19-20 (2010), available at http://bit.ly/2aE0HgL. Although it is not clear how many states' or localities' regulatory schemes could potentially subject lessors to regulation as utilities or electric suppliers, some states (including Georgia, Louisiana, and South Carolina) have passed statutes explicitly permitting solar leasing, within certain limited circumstances. See Official Code of Ga. Ann. ' 46-3-60 et seq. ; Louisiana Revised Statutes ' 45:121; S.C. Code Ann. ' 58-27-2610.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?