January 2010

Concern is mounting over whether the smart grid awards and project grants to be distributed by the Department of Energy (“DOE”) will be taxable in the hands of the recipients.  Certain grants administered by  federal, state, or local programs for renewable energy projects located in the US may be reportable by the recipient.  The 100 smart grid award recipients, …

On January 5, 2010, the National Marine Fisheries Service (“NMFS”) issued a proposed rule designating 70,600 square miles of critical habitat for endangered leatherback sea turtles (Dermochelys coriacea) along the West Coast, covering portions of Washington, Oregon, and California. Section 4 of the Endangered Species Act (“ESA”) requires NMFS to designate critical habitat …

In a January 8 letter to the Minnesota Public Service Commission, Xcel Energy informed the Commission that it intends to conduct competitive negotiations with wind projects that are able to interconnect at Xcel’s Angus Anson generating station in Sioux Falls.  

The Angus Anson plant is a gas-fired peaking facility that has firm transmission to deliver its output.  Xcel…

The California Public Utilities Commission ("CPUC") issued a proposed decision on December 23, 2009 that would, if adopted, allow California investor-owned utilities, energy service providers, and community choice aggregators to purchase renewable energy credits alone, without the associated energy (sometimes referred to as "unbundled renewable energy credits ("RECs)" or "tradable RECs"), to satisfy their obligations…

January 8, 2010: today President Obama announced the award of $2.3 billion in American Reinvestment and Recovery Act (“ARRA”) Advanced Energy Manufacturing Tax Credits for tens of thousands of clean energy jobs on 183 clean energy manufacturing projects across the 43 states. United States, including the domestic manufacture of wind turbine and solar panels. The

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Stoel Rives partner Michael O’Connell reports:

On January 4, 2010, the Keeper of the National Register determined that Nantucket Sound is a traditional cultural property (TCP) of two Indian tribes that is eligible for listing in the National Register of Historic Places, even though the area is submerged. The Keeper made that determination in response to a request from the Mineral Management Service (MMS), which is considering a request for a lease of outercontinental shelf land for 130 wind turbines for the Cape Wind Project. MMS and the Massachusetts State Historic Preservation Officer (SHPO) disagreed on whether Nantucket Sound was eligible for listing.Continue Reading Interior Secretary Salazar Invites Parties Interested in Cape Wind Project to Resolve Impact of Determination that Nantucket Sound Is Eligible for Listing as an Historic Property

The Colorado Division of Property Taxation will hold an important open public meeting Thursday, January 14, 2010, to discuss the "tax treatment of transmission lines".  Details of the proposed options will be posted on the Division’s website under the "state assessed tab."  In the notice provided by the Division, the agenda for the meeting…

Today Energy Secretary  Chu announced that the Department of Energy will award $47 million for 14 nation-wide projects  that will support the development of new technologies improving energy efficiency in the information technology (IT) and communications sectors – specifically, data processing, data storage, and telecommunications industries. The increase in energy consumption in these sectors is a direct corollary…