Tag: and

Energy Project Permitting Receives a Boost from New Sage Grouse Habitat Law

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 … Continue Reading

Tentative Ruling Issued in California Cap and Trade Auction Lawsuit

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 exceed ARB’s authority … Continue Reading

Bald and Golden Eagle Protection Act Compliance: A “New Normal”?

As we discussed in this alert, the U.S. Fish and Wildlife Service (FWS) released its final Eagle Conservation Plan Guidance (ECP Guidance) on April 26, 2013. Intended to promote compliance with the Bald and Golden Eagle Protection Act (BGEPA) for wind development projects that have the potential to affect bald and golden eagles, the ECP … Continue Reading

White House Executive Order calls for 40 GW of new CHP capacity by 2020

Last week the White House issued an Executive Order calling for 40 GW of new CHP capacity by 2020: http://www.whitehouse.gov/the-press-office/2012/08/30/executive-order-accelerating-investment-industrial-energy-efficiency The Executive Order on Accelerating Investment in Industrial Energy Efficiency (also known as combined heat and power (CHP) or cogeneration) calls for federal agencies (including the Departments of Energy, Commerce and Agriculture), States, industrial companies … Continue Reading

First California Cap-and-Trade Auction Delayed, Lawsuit Filed to Challenge Offset Protocols

From Allison C. Smith and Lee N. Smith: Last week was busy for the California Cap-and-Trade Program, adopted by the California Air Resources Board (CARB) last December under A.B. 32. First, last Tuesday, CARB Chairman Mary Nichols announced at a Senate hearing that the first scheduled Cap-and-Trade allowance auction, scheduled for August 2012, will be … Continue Reading

Upcoming Energy Conference Highlights

Through industry presentations and publications as well as through our blog, our energy attorneys are dedicated to helping you stay informed and knowledgeable about legal developments that affect your business.   Visit our website for the latest calendar of events. Upcoming highlights include:   Southeast Biomass Conference & Trade Show November 1-3 – Atlanta, GA … Continue Reading

California Cap & Trade Challenge Final Order Issued

On Friday, May 20, 2011, Judge Goldsmith of San Francisco Supreme Court issued a final order  (PDF) with respect to a lawsuit challenging the environmental review of the Cap and Trade regulations created under California’s AB 32 Greenhouse Gas statute and the associated Scoping Plan. In its order, the Court enjoined the Cap and Trade portion of the … Continue Reading

Renewable Electricity and Wine – A Perfect Pairing

An entry from our colleague Jake Storms: While wineries and vineyards have long been moving toward being “green,” several have taken the next step by installing renewable energy generation onsite. One of the most recent is August Cellars, just outside Newberg, Oregon. The winery recently installed a 150-foot-tall, 50-kilowatt wind turbine. August Cellars maneuvered around … Continue Reading

Utah Energy Initiative Task Force Issues Draft Plan

On June 8, 2010, Utah Governor Gary Herbert launched a formal planning process for the Utah Energy Initiative.  Over the past several months the members of the Utah Energy Initiative Task Force and various subcommittees have conducted public hearings and a series of meetings to gather input for purposes of drafting a 10-year strategic energy plan.  … Continue Reading

Clean Energy Jobs Focus of New Manufacturing Solicitation Issued by the DOE

On August 12, 2010, Energy Secretary Steven Chu announced a new loan guarantee solicitation for renewable energy manufacturing projects.  The Commercial Technology Renewable Energy Manufacturing Projects solicitation (the "Solicitation") is supported by the American Recovery and Reinvestment Act (the "Recovery Act") through Section 1705 of the Loan Guarantee Program and is focused primarily on providing new … Continue Reading

DOE Issues Waiver Under Section 1605 of ARRA for Solar PV Equipment Projects

From our colleagues Jere Webb and Jason Davis: On August 6, 2010, the Assistant Secretary for Energy Efficiency and Renewable Energy (“EERE”), through delegated authority by the Department of Energy, issued a nationwide limited public interest waiver under Section 1605 (the “Buy American Provisions”) of the American Recovery and Reinvestment Act of 2009 (the “Recovery … Continue Reading

Release of the “Western Wind and Solar Integration Study”

The National Renewable Energy Laboratory ("NREL") recently announced the release of the "Western Wind and Solar Integration Study"  (the "WWSIS"), which investigated the operational impact of up to 35% energy penetration of wind, photovoltaic, and concentrating solar power on the power system operated by the WestConnect group of utilities in Arizona, Colorado, Nevada, New Mexico and … Continue Reading

Mitsubishi Alleges that General Electric, Co. Is Engaging in Anti-Competitive Behavior in the Variable Speed Wind Turbine Market

From our colleagues Beverly Pearman and Jeremy Sacks: Mitsubishi Heavy Industries, Ltd. and Mitsubishi Power Systems Americas, Inc. v. General Electric Company On May 20, 2010, Mitsubishi Heavy Industries, Ltd. (“MHI”) and Mitsubishi Power Systems Americas, Inc. (“MPSA”) (collectively “Mitsubishi”) filed suit in the U.S. District Court for the Western District of Arkansas contending that … Continue Reading

Limit Liability Risk By Complying With Recommended Wind Energy Guidelines?

From our colleague Eric Martin: After over two years of work, the federal Wind Turbine Guidelines Advisory Committee (“Committee”) recently released its final policy recommendations on how wind energy developers and operators can best assess and prevent adverse impacts to wildlife. Comprised of government, environmental, and wind industry stakeholders, the Committee recommends a five-tier approach … Continue Reading

Treasury Creates Safe Harbor for Smart Grid Investment Grants

Yesterday, the Energy and Treasury Departments jointly issued guidance regarding the federal income tax treatment of Smart Grid Investment Grant payments received pursuant to the American Recovery and Reinvestment Act (ARRA). The guidance, which was issued as Revenue Procedure 2010-20, generally provides that a corporation receiving a specified grant will not recognize taxable income upon … Continue Reading

Proposed Legislation to Limit ITC Grants for Renewable Projects

Proposed legislation in the Senate would greatly limit the effectiveness of the grant in lieu of tax credits for renewable energy projects under section 1603 of the American Recovery and Reinvestment Act. The section 1603 grant currently applies to renewable energy projects, such as wind, solar, geothermal and biomass, that are placed in service before … Continue Reading

USPTO Announces Pilot Program to Speed Up Green Tech Patents

An update on intellectual property issues from my colleague, John Rafter: On December 7, 2009 the U.S. Patent and Trademark Office ("USPTO") announced the launch of a pilot program to accelerate the examination of certain green technology patent applications. Under the Green Technology Pilot Program, patent applications pertaining to environmental quality, energy conservation, development of … Continue Reading

Wyoming Game & Fish Department Extends Comment Period for Wind Energy Recommendations

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 … Continue Reading

Utah Legislation Addresses Definition of Independent Power Production Facility

Last year, we reported on Utah Public Service Commission decisions regarding the need for the Milford Wind Power Project to obtain a certificate of convenience and necessity. Ultimately, the Commission ruled that the Project’s 90-mile transmission line connecting the wind farm to a point of interconnection at the Intermountain Power Project generating station was not … Continue Reading
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