On September 9, 2025, the D.C. Circuit in Solar Energy Industries Association v. FERC affirmed FERC’s prior decisions in Broadview Solar, holding that a qualifying facility’s capacity under the Public Utility Regulatory Policy Act of 1978 (PURPA) is based on its “send-out capacity” or the maximum AC output of the facility to the grid
Klickitat County, Washington Proposes New Ordinance Severely Restricting Solar and Battery Energy Storage System (BESS) Development
Klickitat County, Washington has proposed a new land use ordinance that, if passed, would impose sweeping restrictions on nearly all solar and battery energy storage system (BESS) development in the county. The ordinance, currently under review by the Planning Commission and Board of Commissioners, would apply to all utility-scale solar and BESS projects, including both
New Oregon Land Conservation and Development Commission Rules Create New Local Permitting Pathways for Mid-Sized Solar Development in Eastern Oregon
By Ariel Stavitsky, Emily Schimelpfenig, and Sudha Basu[1]
For nearly a decade, tension has grown in Oregon between the desire for agricultural and wildlife conservation and the desire for renewable energy development. In 2023, the Oregon Legislature passed House Bill 3409, directing the Land Conservation and Development Commission (LCDC), the body that administers the
New Department of Interior Review May Heighten Scrutiny and Lengthen Permitting Timelines for Some Wind and Solar Projects
On July 15, 2025, the Department of Interior (DOI) issued a memorandum titled, “Departmental Review Procedures for Decisions, Actions, Consultations, and other Undertakings Related to Wind and Solar Energy Facilities” (the Memo). The Memo directs federal agencies within DOI to elevate a nonexclusive list of 69 categories of routine permitting activities related to
Oregon Energy Facility Siting Council Finalizes Rulemaking to Clarify Contested Case Procedures for Energy Projects
The Oregon Energy Facility Siting Council (EFSC) recently finalized rules clarifying its contested case procedures for energy project siting. These updates aim to improve clarity, align procedures with broader administrative rules, and address participation criteria for stakeholders. A contested case hearing resembles an administrative trial and is a culminating step in EFSC’s certification process.
Oregon Energy Facility Siting Council Proposes Rulemaking to Clarify Contested Case Procedures for Energy Projects
UPDATE 10/30/2024 An update to this post is available here.
The Oregon Energy Facility Siting Council recently finalized rule changes clarifying contested case procedures for large-scale energy project approvals. Key updates include more specific requirements for public participation—such as detailing objections in comments and petitions—and expanding opportunities for issue-raising in contested cases. Additionally, the
Minnesota Community Solar Garden Updates – New Program To Begin Accepting Applications
In early January, the Minnesota Department of Commerce shared new details about the state’s Low and Moderate-income Accessible Community Solar Garden program (the “Program”) application process and requirements. Among other features, the Program emphasizes subscribing low- and moderate-income (“LMI”) households and public interest organizations and establishes new consumer protection requirements. Applications for the Program will be submitted and reviewed in batches – starting February 1, 2024 – and new caps on project size and Program size will apply.Continue Reading Minnesota Community Solar Garden Updates – New Program To Begin Accepting Applications
California Public Utilities Commission Implements New Prevailing Wage Requirements for Large NEM Projects Seeking to Interconnect After December 31, 2023
On November 16, the California Public Utilities Commission (Commission) voted to adopt a decision resolving the remaining issues in the Net Energy Metering (NEM) proceeding. The decision, issued on November 22 as D.23-11-068, applies the net billing tariff concept adopted in D.22-12-56 to virtual net metering customers (VNEM) and aggregated NEM customers (NEMA), which
Oregon Raises EFSC Jurisdictional Floor for Solar Facilities: Developers Will Have Additional Permitting Options Starting January 1, 2024
On June 23, 2023, the Oregon Legislature passed House Bill (HB) 3179, which changes the definition of energy facilities subject to mandatory Oregon Energy Facility Siting Council (EFSC) jurisdiction. Signed by Oregon’s Governor on July 18, 2023, HB 3179 will go into effect January 1, 2024. HB 3179 will provide more flexibility for certain
Effective Immediately, California Energy Commission Jurisdiction Expands to Include Non-Thermal Projects Greater Than 50 MW
On June 30, 2022, California Governor Gavin Newsom signed Assembly Bill 205 (“AB 205”), which, among various other things, expands the siting jurisdiction of the California Energy Commission (“CEC”) to include non-thermal generating facilities, such as solar and wind projects, with a capacity of 50 megawatts (MW) or more. The CEC’s siting jurisdiction was previously