Seth Jaffe

Seth Jaffe

Foley Hoag LLP

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Some PURPA Qualifying Facilities are More Qualified Than Others

In a fascinating decision last week, a divided panel of the 5th Circuit Court of Appeals held that the Texas Public Utilities Commission had authority to limit the universe of “Qualifying Facilities” under the Public...more

9/15/2014 - Energy FERC Renewable Energy Utilities Sector Wind Power

Does Offshore Wind Finally Have The Wind At Its Back? DOI Announces Plan For Largest Auction To Date

Earlier this week, DOI Secretary Jewell joined with Governor Patrick to announce plans to auction more than 1,000 square miles on the Outer Continental Shelf offshore Massachusetts for wind energy development. The auction,...more

6/23/2014 - Department of the Interior Energy Offshore Wind Renewable Energy Wind Power

Light at the End of the Cape Wind Tunnel? Judge Stearns Proclaims the Opponents “Vexatious”

On Friday, Judge Richard Stearns dismissed the latest challenge to Cape Wind, ruling that claims that the Massachusetts DPU coerced NSTAR into purchasing power from Cape Wind, and that such coercion violated the dormant...more

5/6/2014 - Energy Environmental Policies Renewable Energy Wind Power

The Song Remains the Same: Cape Wind Wins Another Case and the Opponents Declare Victory

Late last week, in Public Employees for Environmental Responsibility v. Beaudreu, Judge Reggie Walton gave Cape Wind and its federal co-defendants an almost across the board victory in a series of challenges by Cape Wind...more

3/18/2014 - Energy Environmental Policies Renewable Energy Wind Power

Cape Wind Survives a Legal Challenge to FAA Approval: Is the Opposition Strategy to Play Whac-A-Mole?

On Wednesday, the Court of Appeals rejected a challenge by the Town of Barnstable to the FAA’s “no hazard” determination for Cape Wind. As background, the same court had determined in 2010 that a prior no hazard...more

1/27/2014 - Energy FAA Offshore Wind Renewable Energy Wind Power

Offshore Wind Marches On: Is Momentum Starting To Build?

Those of us with an interest in renewable energy have long wondered if offshore wind would ever reach its promise. The knots into which Cape Wind has been tied provide an object lesson – and an abject lesson – in how not to...more

12/19/2013 - Offshore Wind Renewable Energy Wind Power

Is the Offshore Wind Market Really Ready to Fly? BOEM Announces First Lease Auction for July 31

On Tuesday, the Bureau of Ocean Energy Management announced that the first auction of leases of offshore wind areas will be held on July 31. Even though it now looks as though Cape Wind will eventually get to the finish...more

6/5/2013 - Auction Offshore Wind Renewable Energy Wind Power

Can Wind Energy Serve As Baseload Power? The First Circuit Agrees with the NRC That, For Now, The Answer Is “Not Yet.”

In an interesting decision issued last Friday, the Court of Appeals for the First Circuit, in Beyond Nuclear v. NextEra Energy Seabrook, affirmed the decision by the NRC rejecting a challenge to Seabrook’s relicensing posed...more

1/7/2013 - Clean Tech Nuclear Power Renewable Energy Wind Power

The Massachusetts DPU Approves the Cape Wind NSTAR Contract: Do I Feel Wind At The End Of The Tunnel?

On Monday, the Massachusetts DPU gave an early holiday present to Cape Wind, by approving the power purchase agreement it entered into with NSTAR. When the 27.5% of Cape Wind represented by this PPA is added to the 50%...more

12/1/2012 - Renewable Energy Wind Power

Coming (Sort of) Soon To An Ocean Near You: 4 Gigawatts of Wind Power

As a follow-up to my post earlier this month on BOEM’s release of the Environmental Assessment for the Massachusetts Wind Energy Area, I just thought that I would note that, according to Daily Environment Report, Maureen...more

11/16/2012 - Clean Tech Renewable Energy Wind Power

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