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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.
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.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.