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Supreme Court Rolls Back EPA’s Regulation of Greenhouse Gases in Utility Air Regulatory Group Decision

The U.S. Supreme Court has delivered a stunner with its decision this morning in Utility Air Regulatory Group v. Environmental Protection Agency. The Supreme Court has curtailed the U.S. Environmental Protection Agency’s (EPA) regulation of stationary source greenhouse gas (GHG) emissions under two Clean Air Act permitting programs – New Source Review Prevention of Significant Deterioration … Continue Reading

U.S. Supreme Court Hears Arguments in Landmark Case on Federal Greenhouse Gas Regulation

My colleague, Daniel Lee, followed oral argument yesterday in the U.S. Supreme Court’s consideration of federal greenhouse gas (GHG) regulation in Utility Air Regulatory Group v. EPA, and provides this analysis: During oral argument for Utility Air Regulatory Group v. EPA this Monday, the Supreme Court conflicted over a number of issues including the application of Chevron deference,  … Continue Reading

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

Solar Panels Proposed as Hazardous Waste under DTSC

My colleagues Wayne Rosenbaum and Ryan Waterman authored, "DTSC Rulemaking Proposes to Classify All Discarded Solar Panels As Hazardous Waste" today on our California Environmental Law blog.  On June 27, California’s Department of Toxic Substance Control (“DTSC”) announced a 15 day comment period on new regulations concerning the disposal of photovoltaic (PV) modules—broadly defined as … Continue Reading

Women of Wind Energy’s Ninth Annual Rudd Mayer Memorial Fellowships

Each year, Women of Wind Energy (WoWE) awards fellowships to women college students or recent graduates to attend the annual American Wind Energy Association WINDPOWER conference. Previous awardees include engineers, lawyers, PhDs, MBAs, technicians, meteorologists, economists and more from schools like Stanford, Columbia Gorge Community College, James Madison, UC Boulder, Appalachian State, and MIT. Applications … Continue Reading

Fiscal Cliff Bill Includes PTC Extension and Other Energy-Related Provisions

Congress yesterday passed the American Taxpayer Relief Act of 2012 (the Act), which averted the so-called “fiscal cliff.” The President is expected to sign the Act shortly. The Act includes a number of energy-related tax provisions, including a one-year extension and modification of the production tax credit under Section 45 of the Internal Revenue Code … Continue Reading

Army Announces Forthcoming RFP for Biomass Energy

From my colleague Chad Marriott, who is attending the RETECH 2012 Conference in Washington, DC: Today at ACORE’s RETECH 2012 conference in Washington, D.C., John Lushetsky, Executive Director of the U.S. Army Energy Initiatives Task Force ("EITF") announced that the Army expects to issue a request for proposals within the next 90 days for a … Continue Reading

U.S. Department of Interior Moves to Streamline Solar Development in the West

As my colleagues Kristen Castaños and Melissa Foster posted on the Stoel Rives California Environmental Law Blog, the U.S. Department of the Interior announced today that it will publish the Final Programmatic Environmental Impact Statement (“Solar PEIS”) for solar energy development in six southwestern states—Arizona, California, Colorado, Nevada, New Mexico, and Utah.  The Solar PEIS is a … Continue Reading

California Judicial Council Announces Expedited CEQA Litigation Court Rules for Qualifying Development Projects

From our colleague Wayne Rosenbaum: As Juliet Cho blogged about in our California Environmental Law blog, California Governor Jerry Brown  signed the Jobs and Economic Development through Environmental Leadership Act of 2011 (also known as AB 900) into law last September. The law aims to provide an incentive for applicants to move forward with their … Continue Reading

Don’t Miss! Mission Critical: Clean Energy and the U.S. Military

Please join Stoel Rives partner, David Benson, host of "Mission Critical: Clean Energy and the U.S. Military," on March 15, 2012 in Seattle, WA. A new and formidable leader has emerged in the push for clean energy. The U.S. Department of Defense is setting aggressive objectives to reduce its fossil fuel dependence and invest in … Continue Reading

Energy Law Alert: BIA Proposes Regulations for Surface Leases of Trust Land for Energy and Other Uses

A legal update from our colleagues Michael O’Connell and Stephen Kelly: The Bureau of Indian Affairs (BIA) on November 29, 2011 published proposed regulations for leasing tribal and individual Indian trust land for business and residential uses. The comment period runs through January 30, 2012. It will take the BIA some time to review and respond … Continue Reading

The Bureau of Land Management, Tribal Cultural Resources and Renewable Energy Development

My collegue Michael O’Connell issued the legal alert below on a recent significant Interior Board of Land Appeals decision concerning the intersection of tribal cultural resources and a BLM geothermal lease application: The Interior Board of Land Appeals (IBLA or Board) decision, Earth Power Resources, 181 IBLA 94 (May 12, 2011), deals with BLM action … Continue Reading

Compliance with California Cap-And-Trade May Be Deferred until 2013

Yesterday, the Executive Director of the California Air Resources Board (CARB), Mary Nichols, announced that CARB is proposing to delay full implementation of California’s cap-and-trade program for a year. In testimony before the California Senate Select Committee on the Environment, the Economy, and Climate Change, Nichols stated that CARB is proposing to “initiate” the cap-and-trade … Continue Reading

Stoel Rives Partners to Present Wind Project Development Case Study at Chinese Wind Conference in Beijing

Stoel Rives Partners Alan Merkle, Ed Einowski and Michael Mangelson will participate in the upcoming Workshop on Investment in U.S. Wind Energy by Chinese Companies, held in Beijing, China on June 30, 2011. The opportunities for mutually beneficial cooperation between U.S. and China wind power industries have become increasingly profitable.  Now more than ever it’s … Continue Reading

BLM Notices Interim and Proposed Rules Protecting Renewable Energy Development From Mining Claims

Stoel Rives attorney Heath Curtiss, one of the co-authors of "Federal Land Issues with Siting and Permitting" in our Law of Wind, describes a Bureau of Land Management ("BLM") plan to protect certain land suitable for renewables development from the location of mining claims : As many of our clients with right-of-way (“ROW”) applications pending before BLM know, … Continue Reading

New Temporary BETC Rules Issued by ODOE

The Oregon Department of Energy (ODOE) has issued new temporary BETC rules. The purpose of these rules, according to ODOE, is to clarify how the Section 1603 Grant will be deducted from BETC project costs. In an apparent reversal of ODOE’s recent position during the Tier Two and Tier Three application phases, the temporary rules … Continue Reading

California Court Enjoins Implementation of Cap-and-Trade

Legal News Alert from Stoel Rives Environmental Law Group   March 23, 2011 San Francisco Superior Court has issued a final decision in Association of Irritated Residents v. California Air Resources Board.  For the moment, the California Air Resources Board (CARB) is enjoined from further rulemaking to implement the California Global Warming Solutions Act (A.B. 32), including for … Continue Reading

Ninth Circuit Decision Further Dismantles an Already Weakened Federal Transmission Siting Authority

Congress’ experiment with establishing federal siting authority for transmission lines suffered another setback after a Ninth Circuit Court of Appeals decision issued yesterday, February 1, 2011, vacated the Department of Energy’s (“DOE”) 2007 Transmission Congestion Study that had designated national interest electric transmission corridors in mid-Atlantic and Southwestern states. This ruling is the latest of … Continue Reading

Texas Moves Ahead With New Transmission to Support Renewable Energy

From our colleague David Hattery: In its year-end report, the Electric Reliability Council of Texas (ERCOT) outlined its program for an unprecedented build-out of high voltage lines to serve renewable energy projects. ERCOT will be overseeing the design and construction of more than 2,000 miles of new 345-kV transmission to serve additional wind capacity in … Continue Reading

Energy Tax Law Alert: ODOE Issues Final Administrative Rules

On November 24, 2010, the Oregon Department of Energy (“ODOE”) issued final permanent administrative rules (the “Permanent Rules”) relating to the Business Energy Tax Credit (“BETC”). For a description of the BETC generally, see our previous alerts on November 5, 2009, February 27, 2008, and July 2, 2007. The Permanent Rules finalize and make some … Continue Reading

ODOE Announces Funding for Small Renewable Projects Gone

Earlier this year, the Oregon Department of Energy (“ODOE”) allocated $10 million in tax credits for renewable energy projects with costs of less than $500,000 (“Tier One Projects”). On Wednesday, October 13, ODOE announced that it will no longer accept applications for Tier One Projects because as of October 11 ODOE had received applications for … Continue Reading
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