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...

Environmental Initiatives and the Role of the Green Technology Pilot Program

By Sarah M. Wong, Marquette University Law School The United States has entered a heightened state of environmental awareness. America's history of industrialization and consumerism in the early 1900s resulted in the realization that an increasing rate of industrial growth wrought a devastating...

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...

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...

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...

Columbia Law School Center for Climate Change Law: PACE Update-Court Issues Decision Concerning Litigation Over FHFA’s Stance and Agency Issues Notice of Proposed Rulemaking

By J. Cullen Howe, Environmental Law Specialist, Arnold & Porter LLP This blog has been following the controversy surrounding Property Assessed Clean Energy, more commonly referred to as PACE. Here's an update: Background In the last several years, several states and municipalities...

State Net Capitol Journal Legislative Updates: Shooting Gray Wolves and Cutting Down Giant Sequoias

ENVIRONMENT: The U.S. Fish and Wildlife Service removes gray wolves in WYOMING from protection under the Endangered Species Act. Federal officials agreed to the Equality State's management plan, which allows residents to shoot wolves on sight but permanently protects them in designated areas like...

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: In Second Obama Term, Expect Significant Changes to Energy and Environmental Law

By Marten Law PLLC Excerpt from the Commentary: This Emerging Issues Analysis from Marten Law provides an overview of the major changes to energy and environmental laws that the Obama Administration is expected to advance in the next four years. There is already a backlog of pending legislation...

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...

Court Denies Rehearing of Decision Overturning CSAPR

On January 24, 2013, the United States Court of Appeals for the D.C. Circuit refused to rehear a decision of a three-judge panel of the court that overturned EPA's Cross-State Air Pollution Rule ("CSAPR"). CSAPR addressed the interstate transport of pollutants emitted by electric generating...

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...

Solar Trade Group Reports Surge in U.S. Installations

Partly driven by an oversupply of cheaper panels from China, the domestic solar market had its best year in 2012, with the growth in installations outpacing that of the global market, according to an annual report. The report, from the Solar Energy Industries Association, the industry's main trade...

State Net Capitol Journal Legislative Updates: States Cooling On Renewable Energy

STATES COOLING ON RENEWABLE ENERGY: States' recent passion for renewable energy appears to be running out of steam. Sixteen of the 29 states with renewable portfolio standards are considering legislation that would scale back those mandates, according to the North Carolina Solar Center, a partnership...

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...