Alternative Fuels Industry Still Waiting for Tax Extenders Reconciliation

After the House and Senate passed bills including an extension of the alternative fuel mixture and biodiesel tax credit program , alternative fuel producers assumed that Congress would act quickly to put the legislation into a form that could be signed by the President. It has been more than two...

Energy Independence: Still a Long, Tough Slog

By John L. Watkins, Partner, Barnes & Thornburg LLP Last week, I attended an event on bioenergy sponsored by the German American Chamber of Commerce. The featured speaker was Mr. Jörg Mayer, the Managing Director of the Renewable Energies Agency in Berlin, Germany. By way of background, Germany...

FREE DOWNLOAD: Texas Wind Law – § 1.04 Wind Farm Fundamentals

This free download is an excerpt from Texas Wind Law, the first comprehensive treatise on the laws of wind energy now available for presales. Wind law is a burgeoning area of energy law as the U.S., and especially Texas, tries to diversify sources of alternative energy. With so much happening so quickly...

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: 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...

Ballard Spahr LLP: U.S. Army Plans To Issue Up to $5 Billion in Renewable Energy Contracts

By Roger D. Stark and Darin Lowder The U.S. Army has announced plans to solicit and award multiple indefinite delivery, indefinite quantity (ID/IQ) contracts which will be used in awarding Power Purchase Agreement (PPA) task orders for up to an aggregate amount of $5 billion, with individual task orders...

Ballard Spahr LLP: Today's Legal Regime for Biomass 'Qualifying Facilities' Under PURPA

By Daniel R. Simon Today's regulatory regime for a biomass qualifying facility (QF) is challenging. Long gone are the days when the Federal Energy Regulatory Commission required a host utility to purchase a biomass QF's energy output and exempted the facility from most regulatory requirements...

Troutman Sanders: China Finance: Venture Capital and Private Equity Cleantech Fund Structures for China Investments

This article is written by Edward Epstein , Office Managing Partner of Troutman Sanders' Shanghai Office. It appeared first in ACORE's Summer 2011 US-China Quarterly Market Review and is reprinted with ACORE's permission. To access the full Quarterly Market Review, click here and use this...

The Wind and the Sun

By Gregory C. Dorris, Partner, Pepper Hamilton LLP Æsop Fables (Sixth century B.C.). The Harvard Classics 1909-14. Moral of the Story "Kindness Effects More Than Severity" THE WIND and the Sun were disputing which was the stronger. Suddenly they saw a traveller coming...

Ballard Spahr Legal Alert: U.S. Army Seeks Comments on $7 Billion in Renewable Energy Contracts

By Roger D. Stark and Darin M. Lowder The U.S. Army has issued a Request for Information seeking public comment on a draft solicitation to procure up to $7 billion in large-scale locally generated renewable and alternative energy on or near Army land using power purchase agreements or other contractual...

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...

Cadwalader Clients & Friends Memo: FERC Confirms It Lacks Jurisdiction over Unbundled Renewable Energy Certificate Sales

On April 20, 2012, the Federal Energy Regulatory Commission ("FERC") issued an order accepting proposed revisions to the WSPP Agreement addressing sales of renewable energy certificates ("RECs") made pursuant to that agreement. In the course of issuing this order FERC confirmed something...

Columbia Law School Center for Climate Change Law: Massachusetts Leads the Way in Ensuring Biomass Facilities Reduce GHG Emissions

By Julia Ciardullo, Fellow, Center for Climate Change, Columbia Law School On April 27, 2012, the Massachusetts Department of Energy Resources (DOER) published a proposed final regulation regarding the use of forest biomass for generating energy in Massachusetts. If adopted, the regulation would...

Reed Elsevier Participates In 2012 World Environment Day

Mark Armour, Chief Financial Officer, Reed Elsevier Group plc, is delighted to herald United Nations World Environment Day which will take place on Tuesday, 5 June - the most widely celebrated global day for positive environmental action. The 2012 World Environment Day focus is 'Green Economy: does...

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...

Marten Law: Energy Policy in the Second Obama Administration

By Adam D. Orford, Dustin Till, and Daniel Timmons, Attorneys, Marten Law PLLC Excerpt from the Commentary: The current boom in oil and gas production will be one of the forces driving President Obama's energy policy in his second administration. In this article, three attorneys from...

Marten Law: Tax Legislation Sets Up Race to "Begin Construction" of Renewables Facilities by Year-End

By Richard Allan , Partner, Marten Law PLLC As part of the American Taxpayer Relief Act of 2012, Congress extended eligibility for tax credits for renewable energy projects through the end of 2013, provided developers "begin construction" before the end of the year. Because the Act gives...

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...

Keller and Heckman – Fuels Advisory: EPA Proposes Replacing RIN Confusion with Audit Nightmare

By Jean-Cyril (JC) Walker and Adrienne M. Timmel In response to concerns and Congressional pressure over widespread fraud in the renewable fuels market, the U.S. Environmental Protection Agency ("EPA") is proposing to establish an innocent purchaser defense, for those companies that purchase...

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...

Environmental Groups Should Support Wind Energy - A Victory For Wind Power Over NIMBY Groups

By William A. Ruskin Wind power can help address the nation's compelling demand for electric power without increasing greenhouse gas emissions or enlarging our carbon footprint. Environmental activists, who are critical of the use of fossil fuels due to their perceived negative impact on the environment...

Can Oil/Gas Wells and Wind Turbines Live Peacefully? Win-Wins For Wind Project Managers, Mineral Estate Lessess, and Property Owners

It is the dream of many landowners in the United States to one day have both oil wells and wind turbines on their land. Although there is a well developed common law concerning whose rights are superior to whom in any given situation, a landowner is much better off altering these common law approaches...