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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...

Troutman Sanders LLP: 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...

Foley & Lardner LLP: Landmark Massachusetts Net-Metering Bill Goes Up in Smoke as Watered-Down Compromise Bill Is Agreed to on Last Day of Legislative Session

By John A. Eliason and Kurt R. Rempe An eleventh-hour compromise by the Massachusetts House Ways and Means Committee effectively gutted the highly publicized net metering and solar power bill, which, as proposed, was considered by many including the Solar Energy Industries Association (SEIA) to be...

Foley & Lardner LLP: Energy Innovation in the Northeast Boosts the Solar Market

By Samuel J. Scroggins Connecticut, Maine, Massachusetts, New Hampshire, New York, and New Jersey are pioneering some of the nation’s most interesting developments in the retail energy space today that have important implications for the solar industry. In Massachusetts, the state has built...

Ballard Spahr LLP: HUD Notice Has Potential To Encourage Broad PHA Renewable Energy Rollout

By Sharon Wilson Géno and Darin M. Lowder In an effort to support President Obama's July 2013 Climate Action Plan, the U.S. Department of Housing and Urban Development (HUD) has issued Notice PIH-2014-18 (HA) . The notice offers guidance on federal incentives for public housing authorities...

Wind Opponents Lose Health Challenges Around The World

A recent report by the Energy and Policy Institute documents the rejection of anti-wind health claims by 48 courts and tribunals in Canada, Australia, New Zealand, the United Kingdom, and the US. In one anomalous US case, two turbines which had had a known problem were ordered to be shut down 12 hours...

This is Real Law: Green Side Up: The Current State of Renewable Energy Mandates

By the Real Law Editorial Team With a hundred or so empty pop cans, you can comfortably heat a small building. Perforated and sealed end-to-end, those cans become a manifold inside a wood or metal frame with a clear panel sealed on the front. Solar energy is used to warm air that enters the unit...

State Net Capitol Journal – May 4, 2015; Transportation Funding Crisis Breeds Self-Reliance In States

Budget & Taxes Transportation Funding Crisis Breeds Self-Reliance In States The transportation funding crisis in the states is continuing to worsen. At least six states -- Arkansas, Delaware, Georgia, Montana, Tennessee, and Wyoming -- have delayed roughly $2 billion in construction projects...

Troutman Sanders: IRS Releases Updated Guidance Further Clarifying ‘Beginning of Construction’ For Renewable Energy Facilities

On March 11, 2015, the Internal Revenue Service (IRS) issued Notice 2015-25, which updates its prior guidance to reflect the extension of the beginning of construction deadline for the PTC and ITC made by the Tax Increase Prevention Act of 2014 (TIPA). TIPA extended the deadline from January 1, 2014...

Troutman Sanders: Southern Co. Teams Withy Tesla On Powerwall

The Atlanta Business Chronicle (5/28, Couret, Subscription Publication, 130K) reports that “at its annual stockholders meeting on Wednesday,” Southern Company reported that it has entered into an agreement with Tesla to “test commercial-scale battery storage.” The article points...

Troutman Sanders: FERC Offers EPA Advice On Commission’s Potential Role In Clean Power Plan

On May 15, 2015, the FERC commissioners sent a letter to the Environmental Protection Agency (“EPA”) addressing two areas where FERC could contribute to maintaining reliability under EPA’s Clean Power Plan (“CPP”). FERC’s letter was in response to EPA’s Acting...

Troutman Sanders: FERC Approves Novel NOA Amendment To Address Network Upgrades Required Solely To Accommodate QFs Siting In Constrained Areas

In an order issued May 21, 2015, FERC approved an amendment to PacifiCorp’s Network Operating Agreement (“NOA”) between PacifiCorp and its merchant function, PacifiCorp Energy, allowing for a new planning redispatch protocol. The amendment prevents the need for PacifiCorp to build network...

Troutman Sanders: SCE&G Reaches Settlement On $37M Program To Expand Solar Projects In South Carolina

The Charlotte Business Journal reports that S.C. Electric & Gas, the SCANA Corp. (NYSE:SCG) subsidiary that has about 660,000 electric customers, has reached an agreement with consumer and renewable-energy advocates on a $37 million program designed to get 84.5 megawatts of solar on its system by...

Foley & Lardner LLP: Edison International Using Rooftop Solar to Help Modernize It's Grid

By Jeffery R. Atkin and Annie Y. Tsai SunEdison, Inc. has secured 20-year power purchase contracts with Southern California Edison to build 33 megawatts of rooftop arrays on industrial buildings in Southern California. Once the rooftop arrays are complete, SunEdison’s public traded yieldco unit...

Foley & Lardner LLP: FERC Issues Proposal to Ease Regulation of Gen-Tie Lines

By Kurt R. Rempe FERC has issued a Notice of Proposed Rulemaking (NOPR) that would substantially reduce the regulatory burdens placed on energy project developers that construct generator lead lines (gen-tie lines) to interconnect their projects to the grid. Currently, developers that own, operate...

State Net Capitol Journal: Renewable Energy Offsets Collapse Of Coal

The U.S. coal industry has endured a precipitous decline in recent years. A Duke University study indicated that the industry shed 49,530 jobs between 2008 and 2012. U.S. renewable energy, meanwhile, has surged. The Duke study found that wind and solar energy generation provided more than 79,000 direct...

Ballard Spahr LL:P: Hawai’i Enacts Legislation Creating Community-Based Renewable Energy Program

By Howard H. Shafferman and Katie Leesman A law that could significantly expand access to renewable energy generation in Hawai’i through a new community-based renewable energy program was approved by Governor David Ing on June 8, 2015. While the new law is couched in terms of “renewable...

Troutman Sanders LLP: Without Tax Credit Extensions, Returns Of PPAs For Renewables Will Have To Give, GAO Says

By Renewable Energy Insights SNL reports that if Congress does not extend a pair of subsidies for the renewable energy industry, new construction will slow unless retail electricity providers pay significantly more for wind and solar power or developers forfeit a big chunk of their returns, the U...