LexisNexis® Legal Newsroom
Marten Law: Oregon Legislature Limits Energy Tax Credits, But Leaves Program Intact

By Adam D. Orford. "Since 2007, Oregon's popular Business Energy Tax Credit (BETC) has earned the state an enviable reputation as a leader in renewable energy, particularly wind energy," writes Adam Orford. "But the ballooning costs of the tax credit program, combined with a national...

Renewable energy projects in the UK – new opportunities

In a seminar at its London office on 24 June 2010 international law firm Watson Farley Williams highlighted new opportunities for commercial-scale renewable energy projects in the UK (excluding Northern Ireland) following the introduction of 'feed in tariffs'. Introduced in April 2010, feed...

Is Virginia Poised to Become a Mid-Atlantic Hub for Offshore Wind Energy?

By Michael P. Giordano, Vandeventer Black LLP While the United States grips with the devastating effects of a tragic offshore oil spill, states on the Atlantic coast are turning their focus toward the development of a different kind of energy off of their own shores. Offshore wind energy has the...

Energy: Proactive Strategies to Meet Renewable Portfolio Standards

The Deepwater Horizon explosion and oil spill in the Gulf of Mexico may expand the already substantial compliance and operational issues facing the energy sector. Aggressive efforts by regulators at the federal and state/provincial levels in the United States and Canada have been increasingly focused...

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...

Sutherland Legal Alert: Wind Farm Generators Required to Comply with Transmission Reliability Requirements

By Dan Frank, J.J. Kubicek and Alex Konieczny The Federal Energy Regulatory Commission (FERC) has found that two wind farm generators must comply with reliability requirements applicable to transmission owners and operators because of the tie-lines that interconnect their generating facilities to...

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...

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...

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...

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...

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...

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...

Wind Power Companies Further Commit to Protection of Bats

The American Wind Energy Association (AWEA) announced that seventeen of its members have agreed to voluntary operating restrictions to reduce wind turbine speeds in the fall to minimize the number of bats killed during their migration season. According to the AWEA, the new policy results from more than...