LexisNexis® Legal Newsroom
William A. Ruskin: Balancing The Rights Of Landowners, Wind Power Developers And Mineral Rights Owners

By William A. Ruskin It is the dream of many landowners in the United States to one day have both oil wells and wind turbines on their land. For this happen, however, landowners must play an active role in keeping oil and wind companies from trying to overreach each other in concurrent development...

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...

Chicago To Double Amount of Electricity Obtained From Illinois Wind Farms

On July 9, 2013, Chicago Mayor Rahm Emanuel announced that the City of Chicago had taken steps to reduce its carbon footprint by negotiating an agreement pursuant to which the City will obtain at least 5% of its electricity from Illinois wind farms. The remaining 95% of electricity will be supplied by...

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New Bill Proposes Tax Credits for Renewable Energy Storage

The Storage Technology for Renewable and Green Energy Act of 2013, or STORAGE 2013 Act, seeks to make the energy grid cleaner and more efficient, and to reduce the cost of electricity to consumers. Today’s energy grid system suffers from the high demand for energy that occurs during peak times...

DOE Announces Record U.S. Wind Energy Production, New Study on Solar Land Requirements

In three recently issued reports, the Department of Energy made public significant new developments in U.S. renewable energy generation. • DOE’s August 6 2012 Wind Technologies Market Report notes that, in the past year, wind energy became the top source of new U.S. electricity production...

Department of the Interior Conducts Second Offshore Wind Auction

On September 4, 2013, the Interior Department’s Bureau of Ocean Energy Management (“BOEM”) held its public auction of the first federal lease for an offshore wind energy site off the Mid-Atlantic coast. This was the second federal lease sale; the first was in July for two lease areas...

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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...

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William A. Ruskin: A 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...

New DOE Renewable Energy Data Book Shows Fast Growth for Wind and Solar Photovoltaics

The Department of Energy’s National Renewable Energy Laboratory (NREL) published its 2012 Renewable Energy Data Book on November 23, 2013, reporting significant growth, particularly for wind and solar photovoltaic (PV) technologies. Compared to 2011, cumulative installed wind capacity grew nearly...

President Increases Federal Agency Renewable Energy Goals

On December 5, 2013, President Obama issued a Memorandum to the heads of executive departments and agencies to push the “Administration’s climate change goals and increase development of new renewable energy sources.” With respect to renewable energy, the President increased the...

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...

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...

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...

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...

DLA Piper Energy Alert: Federal District Court Decision Appears To Clear Way For Cape Wind

By Robert J. Alessi and Jeffrey D. Kuhn | The Federal District Court in Washington, D.C., has issued a lengthy ruling that appeared to substantially clear the way for Cape Wind, a large proposed offshore wind farm on Horseshoe Shoal in Nantucket Sound south of Cape Cod, Massachusetts. The decision...

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...

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: N.Y. Property Tax Exemption Extension for Renewable Energy 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...

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...

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...