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Wind Project "Take" Permits Extended to 30 Years - Eagles Nonplussed

by J. Wylie Donald Bald and golden eagles now sleep less soundly. On January 8 the Fish and Wildlife Service’s new rule revising the regulations for permits for the taking of golden eagles and bald eagles went into effect. According to the FWS, “This change will facilitate the...

State of the (Solar) Union

By Jason Barglow Viewers of President Obama’s State of the Union address may have noticed the President making a strong, albeit brief, statement in support of solar energy in the United States. The President commented, “It’s not just oil and natural gas production that’s...

Contrary Legal Winds at Cape Wind - Opponents of Offshore Wind Sue Asserting Preemption

By J. Wylie Donald Would you care to hazard a guess at how long it takes to bring online an offshore wind farm in the United States? At the moment, it is 12+ years and counting. A recent court filing arguing constitutional questions is certain to slow it down some more. In 2001 Cape Wind...

Executory Forward SREC Contracts - What Exactly Does This Mean?

By J. Wylie Donald What happens to the payment for a solar renewable energy credit (SREC) when the payor closes its doors? Maryland citizens are finding out the hard way. The promises made to some of them are turning up empty. Here are the details. Greenspring Energy was a promising solar installation...

Wind Turbines Don’t Hurt Property Values

The Municipal Property Assessment Corporation (MPAC) has released a new report, again concluding that wind turbines do not adversely affect the value of nearby properties . “MPAC commissioned this study of the effects of industrial wind turbines (IWT) on the current value of property in proximity...

DC Considers Net Zero Building Report

By E. Lynn Grayson . The District of Columbia (DC) is one of the greenest areas with a number of requirements in place for energy conservation and greener new construction. A new report shows that DC is considering even more aggressive green initiatives than those already on the books. According...

DLA Piper Climate Change Alert: EPA Announces Carbon Regulations For Existing Power Plants

By Deborah E. Jennings , Andrew B. Schatz and Catherine B. Campbell The Environmental Protection Agency has announced long-awaited regulations to reduce carbon-dioxide (CO 2 ) emissions from existing power plants pursuant to the Clean Air Act. EPA's Clean Power Plan would for the first time establish...

Governor Cuomo Announces Nearly $1 Billion Commitment to Long-Term Funding of Solar Energy in New York

New York Governor Andrew Cuomo has announced a nearly $1 billion commitment to further expand the state’s solar energy industry by providing long-term funding certainty with the goal of boosting existing businesses and attracting new investments to New York. The $1 billion will be committed to...

Another Anti-Wind Power Appeal Dismissed

Ontario’s Environmental Review Tribunal (ERT) has dismissed another anti-wind power appeal: May 14, 2014, Pitt v. MOE ERT Registry Number: 13-121. The Wainfleet Wind Energy Project can now proceed, despite objections from a skydiving club. The ERT ruled that the club had not shown that the turbines...

Foley & Lardner LLP: 1-3 MW Solar RFP Issued in Palo Alto, California

By Jason W. Allen , William D. DuFour III and Justus J. Britt The City of Palo Alto Utilities (CPAU) has issued a request for proposals (RFP) for 1-3 MW (AC) in order to create a CPAU-branded Community Solar Program. The CPAU has stated that its primary objectives for such program are to help facilitate...

Colorado Ruling Upholds Renewable Energy Standard but Leaves Questions Unanswered

A Colorado federal judge has dismissed a suit challenging the constitutionality of Colorado’s Renewable Energy Standard (“RES”). Colorado’s RES was created by the passage of Amendment 37 in 2004 and codified in 2005 as Colorado Revised Statute § 40-2-124, [ enhanced version...

State Net Capitol Journal: Renewable Energy On Track Despite Setbacks

State mandates to use more renewable energy have run into some roadblocks, but many are still on target in spite of these setbacks. The relentless march of the states to greater use of renewable energy has hit some bumps on the road. The biggest bump occurred in Ohio, where the legislature last...

Solicitation for Federal Loan Guarantees for Renewable Energy Projects Published

On July 3, 2014, the U.S. Department of Energy Loans Program Office published a solicitation for Federal Loan Guarantees for Renewable Energy Projects and Efficient Energy Projects. Under the solicitation, eligible projects include Renewable Energy Projects and Efficient Energy Projects that implement...

New York Public Service Commission Authorizes Longer Term NYSERDA REC Agreements

In a July order , the New York Public Service Commission authorizes the New York State Energy Research and Development Authority (NYSERDA) to offer longer-term, fixed-price renewable energy credit agreements, extending the maximum term from ten to twenty years. Following the 2004 creation of the New...

Cohasset Wind Turbine Project Can Move Forward, Appeals Court Rules

Controversial Wind Turbine Project Approved, Over Neighbors’ Opposition, Appeals Court Rules Plans for a controversial wind turbine on top of Turkey Hill in swanky coastal Cohasset could soon move forward after the Massachusetts Appeals Court upheld a land court ruling that the town’s...

NY Property Tax Exemption Extension for Renewable Systems

The New York legislature has passed a bill that extends a real property tax exemption for wind, solar and certain other energy systems until January 1, 2025. The bill provides that real property which includes an eligible energy system is exempt from certain real property taxes for a period of fifteen...

1-3 MW Solar RFP Issued in Palo Alto, California

The City of Palo Alto Utilities (CPAU) has issued a request for proposals (RFP) for 1-3 MW (AC) in order to create a CPAU-branded Community Solar Program. The CPAU has stated that its primary objectives for such program are to help facilitate reaching the City of Palo Alto’s target of meeting...

WTO Rules U.S. Countervailing Duties on Solar Panels Violate Global Trade Rules

The World Trade Organization (WTO) has ruled that U.S. countervailing duties imposed on a range of Chinese products, including solar panels, violated global trade rules by imposing punitive import duties. The ruling by the WTO’s Dispute Settlement Body (DSB) stems from China’s August 20...

Keller and Heckman LLP: EPA Rulemakings Seek to Buttress Renewable Fuel Program

By Jean-Cyril (JC) Walker and Adrienne M. Timmel Over the past few weeks the U.S. Environmental Protection Agency (“EPA”) finalized several rules affecting its Renewable Fuel Standard (“RFS”) Program. On July 18, 2014, EPA finalized its rules concerning the Renewable Identification...