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…

On August 28, 2013, the U.S. Army Engineering & Support Center in Huntsville, Alabama, acting in conjunction with the Army Energy Initiatives Task Force (“EITF”), issued a second round of awards under the multi-award task order contract for renewable and alternative energy that hit the streets last summer (Solicitation Number W912DY-11-R-0036, the “MATOC”). The number of awards is somewhat surprising, however, given the Army’s early-stated desire to qualify as many applicants as possible in each technology category. In total, there were 114 proposals submitted for the solar technology segment of the MATOC, but only twenty-two (22) Indefinite Delivery/Indefinite Quantity (“ID/IQ”) contracts were issued yesterday. Thus, the Army rejected more than 80% of the applicants. Of the awards the Army did make, only six (6) were to small businesses (as defined in the solicitation). Continue Reading Army Pre-Qualifies Solar Developers Under MATOC

As most of you are aware, Congress in the "American Taxpayer Relief Act of 2012" eliminated the "placed in service" deadline for purposes of the renewable energy tax credits.  In its place, Congress required for purposes of the production tax credit (section 45) and the elective investment tax credit (section 48), that taxpayers "begin construction"…

The Long Island Power Authority (LIPA) recently announced its Clean Solar Initiative Feed-In Tariff-II (FIT-II), a feed-in tariff program for solar projects between 100 kW and 2 MW in size and located in LIPA’s service territory. FIT-II is currently open for public comment, and will be effective only upon formal approval by the LIPA Board of Trustees.

FIT-II is capped at 100 MW, and follows the first version of the Clean Solar Initiative Feed-In Tariff (FIT-I). Unlike FIT-I, projects will not be selected for participation in FIT-II on a first-come, first-served basis. Instead, all applications submitted within the application period will be evaluated; those that pass a preliminary screening process of technical and administrative review will be eligible for further consideration under a Clearing Price Auction mechanism.Continue Reading Long Island Power Authority Announces New And Expanded Clean Solar Initiative Feed-In Tariff Program

I recently co-chaired an American Bar Association/American Council on Renewable Energy (ACORE) webinar on SmartGrid and Microgrid technologies. For my inaugural blog post on Renewable + Law, I wanted to share the brief remarks that I made at this July 17, 2013, webinar regarding the importance of both technologies to our evolving 21st Century energy sector: In setting the stage for the presentations, I put forth two propositions, which may be provocative, but highlight the importance of the topic: Continue Reading SmartGrid/MicroGrid: Transformative Technology for Today’s Energy Markets

Xcel Energy, the nation’s leading wind power utility, announced yesterday that it will add three large wind farms to its wind energy portfolio.  The 600 megawatt increase is the utility’s single largest increase in its Upper Midwest service area.

The 33 percent increase will augment Xcel’s existing 1,800 megawatts of wind capacity and allow it…

On July 8, 2013, Xcel Energy Inc., submitted a filing with the SEC detailing an Administrative Law Judge’s decision in a pending electric rate case in Minnesota and calculating the decision’s impact on one of its subsidiaries. In November 2012, Northern States Power Company (NSP), a wholly owned subsidiary of Xcel Energy Inc., petitioned the Minnesota…