SRH Law – Saunders | Raubvogel | Hand
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If you have an invention that may warrant patent protection, consider filing an application before March 16, 2013. Why? The implementation of the America Invents Act on March 16, 2013 marks the shift of the U.S. Patent system from first-to-invent to first-inventor-to-file. For some, this may represent an advantage to be had in filing for a patent before the March 16 deadline. Justin McCabe of SRH Law explains in greater detail here.
Consumers are increasingly looking for Green products in today’s marketplace, but how can marketers highlight the environmental performance of their product while adhering to the recently-released Federal Trade Commission Green Guides?
SRH Law partner Brian Dunkiel’s article about how to ensure that green marketing strategies are both effective and legal is featured in today’s Burlington Free Press. Read it at:
http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=2012312130009&nclick_check=1
Image by Michael Riddell
On Thursday November 29, the Public Service Board (“PSB”) held a standard-offer workshop to whittle down the issues it must consider in developing prices based on an avoided cost methodology and market-based pricing methodology. The workshop was an informal meeting of various stakeholders in the SPEED community. Representatives of renewable energy developers, the Department of Public Service, the Department of Agriculture, and Green Mountain Power, among others, all weighed in on the issues the PSB should consider going forward.
The workshop was part of PSB Docket No. 7874, established as a result of the mandate of Act 170 which requires the PSB to, among other things, develop prices based on an avoided cost methodology and consider developing a market-based pricing methodology. The PSB’s independent consultant in the docket—John Dalton—delivered a presentation suggesting that inputs for the existing models used to determine avoided cost should be updated relative to large wind and solar projects. In a nutshell, avoided cost is what a utility would pay to generate the same electricity from the utility-owned renewable energy source, but which it is “avoiding” paying because the utility is buying the electricity from an outside renewable energy source.
The Board set some important dates for those interested in weighing in. December 14, 2012 is the deadline for interested parties to contact the PSB and suggest changing the avoided cost model itself, not just its inputs. That date is also the date on which interested parties must submit a request that the PSB consider new inputs for other technologies (besides solar and large wind). The deadline to file direct testimony on avoided cost model inputs is January 7, 2013; replies are due on January 18, 2013; the PSB will hold a hearing on January 25, 2013.
A webinar will be held on December 11, 2012 at 9 a.m. to address price-methodology issues for additional clarification to the group. For more information on attending the webinar, contact the PSB or the author of this blog post.
Image by John Dalton
DS partner Brian Dunkiel will be speaking at the Vermont Bar Association’s Brownfields Forum on November 29th, 2012 at the Stoweflake Resort and Conference Center in Stowe, Vermont. The conference will include seminars on all aspects of brownfields, including their economic and environmental benefits, how to identify them, federal and state liability provisions, site planning and coordinating regulatory programs, working with landowners, funding options and how to use them, and insurance. Brian will be a panelist for the “Making the Funding Work” seminar, where he and his co-panelists will use their experiences to describe successful approaches to brownfield projects that utilize a variety of funding and transaction options.
To find out more about SRH Law’ work on the Salisbury Square brownfield project, go to https://srhlaw.com/case-studies/salisbury-square.html
On October 2, 2012, Governor Shumlin signed Executive Order 10-12, convening a 5 member energy-siting commission whose appointees were subsequently selected by the Commissioner of the Department of Public Service, Liz Miller. The Commission’s charge is to prepare a written report by April 30, 2013 regarding best practices for approval and public participation in the siting of electric generation facilities. Excepting net metered projects, the Commission’s report will address siting of electric generation facilities generally.
The Governor has specifically requested that the Commission recommend changes in the current scheme to be implemented through legislation or Public Service Board Rule to meet the goals it identifies in its report. In developing its report, the Commission will compare, review, analyze, and consider the procedures that other states—with specific emphasis on New England states—engage in to site new electric generation facilities. Among other things, the Commission will specifically look at opportunities in Vermont for public participation in the siting process at the local and regional levels, comparing those opportunities with other states; review ADR processes for facility siting in other states; analyze best practices for monitoring environmental impacts of approved and built facilities going forward; address whether Vermont’s criteria for siting approval adequately protect Vermont’s environmental and cultural resources; and consider whether generic siting guidelines should be developed on a technology-by-technology basis.
Liz Miller, in addition to being an ex officio Commission member along with the Secretary of ANR, tapped 5 individuals with diverse backgrounds for the group:
The Commission will have open doors, seeking public input throughout the process, and “may request the assistance or advice of any stakeholder or expert individuals with interests in electric generation siting.” More info can be had here. For some interesting takes on the Commission, check out this Seven Days Article and this Free Press Article. To submit a public comment to the Commission, click here. The Commission will have its first information session on Wednesday, October 31, 2012 from 12-3 p.m. in Room 11 of the Vermont Statehouse in Montpelier, Vermont.
Available below are the materials presented at the 134th annual VBA meeting on September 21 by Eileen Elliott, Karen Tyler, Stephen W. Kimbell, Esq., and Robin J. Lunge, Esq., along with the Henry J. Kaiser Foundation’s summary of the new health reform law.
Small Business Tax Credit and Penalties
Vermont Health Benefit Exchange Update
Summary of New Health Reform Law
Rebecca Boucher
SRH Law attorney Rebecca Boucher will speak about taxation of affordable housing at the 2012 National Community Land Trust Conference in September. Becca is working on an appeal on the topic that is currently pending before the Vermont Supreme Court. Other speakers will be Greg Rosenberg, Executive Director of the Madison Area Community Land Trust, and Jim Libby, General Counsel of the Vermont Housing Conservation Board.
The national conference will bring together affordable housing advocates from around the country and will be held in Burlington September 10-13, 2012. It will offer over 60 seminars on affordable housing issues, a film festival and workshops.
The conference will also feature tours of Champlain Housing Trust, the largest community land trust in the country and a SRH Law client.
For more information on the conference visit http://www.cltnetwork.org/2012-National-Conference.
On Tuesday, June 12, Brian Dunkiel is giving a presentation at Vermont Law School entitled ‘Cleaning Up Environmental Marketing: Practical Steps to Avoid Greenwashing.’ The presentation will focus on environmental marketing claims and the factors governing their use in the marketplace. The discussion will touch on the FTC’s proposal to revise the Green Guides, including its proposal to provide new guidance on renewable materials, renewable energy, and carbon offsets and proposed revisions to unqualified general environmental benefit claims, unqualified degradable claims, compostable claims, and free-of claims. Brian will outline how to create a sound claims review process, best practices for crafting green marketing claims, and what good green marketing claims can – and can’t – accomplish for your business.
To learn more, visit Vermont Law School’s Events page.
On Tuesday, May 15, SRH Law’ Brian Dunkiel served as moderator for a panel discussion entitled “Green Marketing: How to Be Effective” at VBSR’s Spring Conference. The panel, which included Seventh Generation’s Joey Bergstein, Cara Bondi, and Chris Miller, provided a variety of viewpoints on the topic of green advertising, as each of its members serve in a different profession (scientist, marketing/branding professional, CR professional, and lawyer). With a variety of examples and discussion starters, the panel invited attendees to consider the advantages and drawbacks to various green marketing claims, as well as the potential pitfalls. The panel discussed the FTC’s proposal to revise the Green Guides, including its proposal to provide new guidance on renewable materials, renewable energy, and carbon offsets. The proposal also sets forth revisions to unqualified general environmental benefit claims, unqualified degradable claims, compostable claims, and free-of claims. Other discussion points included how to create a sound claims review process, best practices for crafting green marketing claims, and what good green marketing claims can – and can’t – accomplish for your business.
Check back for updates on similar presentations in the future.
Click here to view the presentation.
SRH Law attorneys Geoff Hand and Rebecca Boucher will present at Vermont Legal Aid’s “Planning Sustainable Communities for All” on Friday, April 13, 2012.
Hand and Boucher will speak at the Land Use Planning Law CLE (9:15 AM to 10:45 AM) and the Affordable Housing Development & Land Use Law CLE (11:00 AM to 12:30 PM).
The conference is part of The Housing Discrimination Law Project, a project of Vermont Legal Aid, that recently released a study that found there was housing discrimination occurring in Vermont.
The conference will be held at Double Tree Hotel at 1117 Williston Road, Burlington, VT 05403.
