Plans Advance For Embattled Montana Power Line

HELENA, Mont. - (AP) A Canadian energy company said Tuesday that it is buying an embattled Montana power transmission line project that has seen its plans of shipping wind energy across the border become mired in landowner disputes. Alberta-based Enbridge Inc.'s announcement came the same day the...

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...

Green Patent Blog: In Changing Chinese Wind Market AMSC-Sinovel Dispute Will Test IP Enforcement

In what is emerging as a major green IP story, not just of technology but of international intrigue, American Superconductor (AMSC) recently filed two lawsuits against its erstwhile customer, Chinese wind energy system maker Sinovel . Both cases involve allegations that a former AMSC employee who...

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...

Columbia Law School Center for Climate Change Law: MIT Study Demonstrates Demand Response’s Role in Balancing Renewables

By Shelley Welton, Deputy Director & Fellow, Center for Climate Change, Columbia Law School MIT released an interdisciplinary study on December 5, 2011, that examines "The Future of the Electric Grid." Among many interesting findings, it nicely details the challenges we will face...

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...

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 2003...

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...

Troutman Sanders LLP: Carbon Savings of Wind Likely Reduced by Ramping of Fossil Fuels to Balance Intermittency

Researchers at the U.S. Department of Energy's Argonne National Laboratory recently performed a modeling study aimed to quantify the total effect that increases in wind energy will have on pollutant emissions from an electric power system. Although wind energy generation does not itself generate...

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...

State Net Capitol Journal – February 4, 2013

Budget & Taxes TAX TALK ABOUNDS IN STATES: Last month, Louisiana Gov. Bobby Jindal (R) proposed doing something no state has done for over three decades: eliminating income taxes. (The last to do so was Alaska, which abolished its personal income tax in 1980.) Several other Republican governors...

State Net Capitol Journal – February 4, 2012

Budget & Taxes TAX TALK ABOUNDS IN STATES: Last month, Louisiana Gov. Bobby Jindal (R) proposed doing something no state has done for over three decades: eliminating income taxes. (The last to do so was Alaska, which abolished its personal income tax in 1980.) Several other Republican governors...

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...

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...

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...

State Net Capitol Journal Legislative Updates: New Hampshire Legislators Propose Study Committee for Siting Wind Farms

ENERGY: The NEW HAMPSHIRE House and Senate endorse SB 99, which would create two study committees to review the state's criteria for siting wind farms and new electric generation and transmission facilities. It moves to Gov. Maggie Hassan (D) for review (UNION LEADER [MANCHESTER]). ENVIRONMENT...

Solar Panels and Wind Turbines

Wind Turbines at Sunset

Off-Shore Wind Law Suit Against Ontario Will Proceed

By Meredith James Trillium Power Wind Corporation’s planned off-shore wind farm in Lake Ontario was effectively cancelled by the provincial moratorium on off-shore wind development, openly adopted for political reasons. Trillium sued the Province for $2.25 billion in costs thrown away and...

Ruling: Wind Turbine Approvals Comply With The Charter

The Environmental Review Tribunal has approved another wind farm, in Bovaird v. Director, Ministry of the Environment , Case Nos.: 13-070 to 13-075. The Dufferin Wind Power Project , in the Township of Melancthon, County of Dufferin, is now approved to build 49 wind turbines with the capacity to generate...

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...