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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…

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…

The ZINO Society, a Seattle-based angel investment group, announced last week that its annual “ZINO Green Investment Forum” would be held on March 4, 2010, at the McKinstry Innovation Center in Seattle.   Up to fifteen early-stage companies in “green tech, clean tech, and sustainable products or services” will be selected by the ZINO Green screening board to…

United State District Court Judge Roger W. Titus recently issued an injunction halting the construction of the Beech Ridge wind project in Greenbrier County, West Virginia to protect the Indiana Bat, a species listed as “endangered” under the Endangered Species Act (“ESA”). The ruling is the first of its kind in the law developing around …

The Wyoming Game and Fish Department ("WGFD") has extended the public comment period on a draft document:  "Wind Energy Issues:  Impacts and Mitigation for Wildlife in Wyoming" from December 18, 2009 to February 1, 2010.  The document provides recommendations for assessing impacts to wildlife from wind energy projects, for collecting data, and for mitigating effects on…