The California Public Utilities Commission has unanimously approved a 1,325 MW energy storage procurement target for the state’s largest utilities in Decision 13-10-040. PG&E, SDG&E, and SCE must collectively procure 1,325 MW of energy storage resources by 2020, for installation no later than 2024. The first of at least four competitive solicitations for energy storage projects…

This week the California Air Resources Board (ARB) released a draft of its AB 32 Climate Change Scoping Plan Update. The original Scoping Plan was adopted in 2008 and must be updated every five years. The Scoping Plan serves as a blueprint for achieving AB 32’s goal of reducing greenhouse gas (GHG) emissions to 1990 levels by 2020.

The draft Update summarizes programs implemented over the last five years under AB 32 and outlines actions necessary to continue California’s progress toward the 2020 emissions reduction goal. The draft Update shows that California is on track to meet the 2020 emissions reduction goal and inventories the progress made across different economic sectors and programs like cap and trade. With the Update, ARB continues its strategy of achieving AB 32 goals through a mix of emissions reduction measures, including regulatory programs, incentives, and market-based approaches.Continue Reading California Air Resources Board Issues Draft Update to AB 32 Scoping Plan

On September 23, 2013, the U.S. Army Engineering & Support Center in Huntsville, Alabama, acting in conjunction with the Army Energy Initiatives Task Force, issued its final round of awards under the multi-award task order contract for renewable and alternative energy issued last summer (Solicitation Number W912DY-11-R-0036, the “MATOC”). The Army received 52 proposals in the…

On November 2, 2009, just one day after the Minnesota Public Utilities Commission’s (the “Commission’s”) final order in Minnesota Power’s 2008 rate case, Minnesota Power filed its largest petition ever to increase electric rates.  As part of its petition, and consistent with Minnesota law, Minnesota Power sought to impose interim rates – the rates Minnesota…

Following several months of debate among ratepayer advocates, utilities and solar industry groups, California’s Assembly Bill 327 ("AB 327") passed the California Assembly this week and now awaits Governor Brown’s signature.

This bill would effect policy reform in three major areas:

  1. The tiered rate structure for residential customers, generally, and the fixed charges assessed to

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Over 40 percent of the lands in Malheur County have been designated as core habitat for sage grouse by the Oregon Department of Fish and Wildlife ("ODFW"). Other counties in southeastern Oregon are also heavily affected. ODFW’s approach was to simply recommend against any development in core habitat, without consideration whether off-site mitigation could result…

We’re very pleased to report on a significant energy siting victory achieved by our client SDS Lumber Co. and its subsidiary, Whistling Ridge Energy LLC, at the Washington Supreme Court yesterday. We believe the decision sets an important precedent for energy facility siting in Washington. The case is Friends of the Columbia Gorge, Inc. and Save our Scenic Area vs. State Energy Facility Siting Council and Governor Gregoire, et. al., No. 88089-1.

At issue was the approval of a wind energy project to be sited near the Columbia River Gorge National Scenic Area. Then-Washington Governor Christine Gregoire had approved the project in March 2012 following recommendation by the State of Washington’s Energy Facility Site Evaluation Council (EFSEC). Two environmental groups, Friends of the Columbia Gorge, Inc. and Save our Scenic Area, then sued in an attempt to get the site approval overturned.

On August 29, 2013, the Supreme Court ruled there was "no basis" to reverse the EFSEC’s recommendation or the Governor’s approval, and dismissed the appeal. In so doing, the Court gave an unequivocal affirmation for an objective, criteria-based process for the approval of energy projects. The Court confirmed that it will defer to EFSEC and the Governor when the siting decision demonstrates consideration of the entire record and sound application of regulatory standards.

Stoel Rives represented Whistling Ridge Energy, LLC, throughout the three-year approval process, and prevailed in demonstrating the project’s compliance with a host of federal, state and local regulatory standards. As the Court noted (quoting EFSEC), the comprehensive approval process "set a record for length, volume, and number of issues addressed." We subsequently represented Whistling Ridge throughout the trial and appeals process.Continue Reading Washington Supreme Court Establishes Important Energy Siting Precedent

A tentative ruling was issued yesterday in the related cases California Chamber of Commerce v. California Air Resources Board (ARB)  and  Morning Star Packing Co. v. ARB, pending before the Sacramento County Superior Court.  The cases challenge the legality of ARB’s cap and trade auctions under two theories:  (1) the cap and trade auctions…