Renewable Energy Law Developments – American Bar Association Section of Public Utility, Communications and Transportation Law – Renewable Energy Committee

This report from the Renewable Energy Committee of the American Bar Association Section of Public Utility, Communications and Transportation Law looks at recent renewable energy law developments. The report begins by noting that “The past few years have seen a shift in public attention, public...

Worried About Wind?

By Dianne Saxe, Ontario Environmental Lawyer So much misinformation has been spread about wind turbines that many reasonable people don't know what to think. As one reader wrote: "Hi Dianne, ... I wondered if you could direct me to reliable sources on the benefits / risks of Wind Turbines...

Troutman Sanders LLP: Atlantic Wind Connection Project Adds Belgian Grid Firm Elia to Team

On July 22, 2011, the Atlantic Wind Connection ("AWC"), offshore transmission line project off the Mid-Atlantic coast that would bring thousands of megawatts of offshore wind capacity ashore ( see the October 12, 2010 edition of the WER ), announced that Belgium-based transmission company Elia...

Renewable Energy Insight: Atlantic Wind Connection Wind Farm Project Joins With Belgian Electric Grid Firm Elia For Wind Energy

On July 22, 2011, the Atlantic Wind Connection ("AWC"), offshore transmission line project off the Mid-Atlantic coast that would bring thousands of megawatts of offshore wind capacity ashore ( see the October 12, 2010 edition of the WER ), announced that Belgium-based transmission company Elia...

Cadwalader Clients & Friends Memo: Investment in Alternative Energy After the End of Cash Grants

The cash grant program for renewable energy expires at the end of this year. When cash grants end, renewable energy projects will once again rely on "tax equity investors" to offer lower-cost financing in exchange for the tax credits and accelerated depreciation that are available to investments...

Cadwalader Clients & Friends Memo: First Time for Everything – Finding Unduly Discriminatory Treatment of Wind Generators and Compelling Circumstances, FERC Exercises Its Section 211A Authority to Order BPA to Change Its Ways

The Federal Energy Regulatory Commission (FERC) has determined that Bonneville Power Administration's (BPA) use of environmental redispatch to address excess water supply and low load by curtailing renewable and thermal generators in favor of federal hydropower providers unfairly discriminated against...

Wind Controversy Research Report

By Dianne Saxe, Ontario Environmental Lawyer Here is a link to Renew Canada's 2011 research report, Wind Controversy in Ontario . The report was intended to be a neutral evaluation of the evidence cited by pro and anti-wind groups. According to the Executive Summary: The report examined...

New MOU to Provide for Streamlined Review Of Wind Energy Projects In Great Lakes

By Steven M. Siros, Partner, Jenner & Block On March 30, 2012, the White House announced that it had entered into a Memorandum of Understanding ("MOU") with five states (Illinois, Michigan, Minnesota, New York and Pennsylvania) that is intended to streamline environmental and other reviews...

Foley & Lardner LLP: U.S. Fish and Wildlife Service Issues Voluntary Land-Based Wind Energy Guidelines

By Tanya C. O'Neill and Sarah A. Slack , Attorneys, Foley & Lardner LLP The U.S. Fish and Wildlife Service (FWS) issued final Land-Based Wind Energy Guidelines on March 23, 2012 (Guidelines). The Guidelines, which became effective immediately, replaced interim guidelines issued by FWS in...

Wind Turbine Control Software Code Lawsuits Winding Their Way Up Through Chinese Appellate Courts

In previous posts ( here and here ), I discussed the IP litigation in China between American Superconductor (AMSC) and Chinese wind energy system maker Sinovel . The of heart of the dispute is AMSC's allegations that Sinovel misappropriated its propietary software code for controlling wind turbines...

DLA Piper: EPC Contracts for South African Wind Farms

Engineering, Procurement and Construction (EPC) contracts are the most common form of contract used to undertake construction works by the private sector on large scale and complex infrastructure projects. Under an EPC contract, a contractor is obliged to deliver a complete facility to a developer who...

Wind Projects: Bald Eagles Don't Surf

By J. Wylie Donald, Partner, McCarter & English One would think that preliminary estimates of bird fatalities at a proposed 78 MW wind farm in southeastern Minnesota were hardly news. After all, there are over 60,000 MW of wind energy installed in the United States. But the Wall Street Journal...

State Net Capitol Journal Legislative Updates: Maryland Lawmakers Move Forward With Governor’s Offshore Wind Farm Regulatory Authority

MD LAWMAKERS ENDORSE O'MALLEY JOBS, WIND BILLS: Maryland Gov. Martin O'Malley (D) scored a pair of victories last week as lawmakers in Annapolis endorsed two bills he sponsored: SB 278, the Employment Advancement Right Now act, or EARN, a plan to create a $2.5 million annual grant program for...

Jenner & Block: More Wind Power Into PJM Region Could Save $7B Annually

A new report completed by Synapse Energy Economics on behalf of Americans for a Clean Energy Grid (ACEG) concludes adding more wind power to the PJM region can lower gas and coal consumption and reduce regional wholesale energy market prices saving nearly $7B per year by the mid-2020s. The new report...

DOI Announces July Auction of 160,000 Acres for Offshore Wind Development

On Wednesday, June 5, 2013, the Department of Interior's Bureau of Ocean Energy Management ("BOEM") issued the Final Sale Notice for the sale of commercial wind energy leases on the Outer Continental Shelf. The auction is scheduled to take place on July 31, 2013 and will offer 164,750 acres...

Deal Is A Deal: Ecogen Wind Prevails In Windfarming Dispute

By William A. Ruskin The New York Law Journal reported on January 2, 2014 that the Town of Prattsburgh, which, during the relevant time, had virtually no laws, codes or requirements on the books governing the installation of wind turbine facilities, was not permitted by the court to retroactively...