Environmental Energy & Utilities General Business

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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

Fifth Circuit Allows Texas Commission to Limit PURPA Sales

On September 8, 2014, the U.S. Court of Appeals for the Fifth Circuit dealt a blow to Exelon Corp. (“Exelon”), rejecting challenges by various Exelon wind-generating entities to a Texas Public Utility Commission (PUCT)...more

RRSP Eligibility for Renewable Energy Co-Operatives: Could there be a solution at last?

One of the major obstacles facing renewable energy co-operatives is the concern that, although they are a co-operative for the purposes of the Cooperative Corporations Act (Ontario) (the “CCA”), they may not be co-operatives...more

Fifth Circuit Holds that Texas Public Utility Commission Can Limit Ability of Intermittent Wind Generators to Sell Their Power...

On September 8, 2014, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”), in a 2-1 decision, reversed an opinion by the United States District Court for the Western District of Texas (“District Court”)...more

Why the Rush to Form Yieldcos?

In last week’s post, we did an analysis of several recent Yieldcos. As we stated, a number of significant developers in the renewable energy space have either formed Yieldcos, filed for an initial public offering of Yieldco...more

Release of Expert Panel Report on the Australian Renewable Energy Target

On 28 August 2014, the Expert Panel on the Renewable Energy Target (RET) (Panel) released its long-awaited Report on the RET scheme in Australia, recommending that both the Large-scale Renewable Energy Target (LRET) and the...more

Solar Installer Alert: Commerce Dept. Reduces Preliminary Antidumping Duty Rates for Solar Products from Taiwan

The International Trade Administration of the U.S. Department of Commerce (“ITA”) on August 18 issued a notice amending its Affirmative Preliminary Determination for antidumping (“AD”) duties against certain crystalline...more

KiOR Faces Significant Challenge Moving Forward

In an August 11, 2014, filing with the U.S. Securities and Exchange Commission, cellulosic biofuel company KiOR, Inc. (KiOR) reported that without any new financial commitments, the Company only has enough funding to operate...more

Municipal Utilities Ride To The Rescue Of Beleaguered Solar Projects

After investor-owned utilities meet state requirements, local authorities can take the reins. As investor-owned utilities reach required levels of mandated state renewable portfolio standards, their willingness to offer...more

Sapphire Energy Gets New CEO

On July 28, 2014, Sapphire Energy (Sapphire) announced that James Levine would replace CJ Warner as the Company's President and CEO. Mr. Levine had been the CEO of Verenium Corporation (Verenium). San Diego-based Sapphire...more

ML Strategies’ Energy & Environment Update: July 2014 #4

For several years, solar arrays utilizing silicon photovoltaics have been central to driving the exponential growth of installed domestic solar capacity. However, an ongoing trade war spanning three continents and impacting...more

BLM Agrees to Complete Hydraulic Fracturing EIS for Leases in California

A recent agreement between environmentalists and the Bureau of Land Management (BLM) may open the floodgates to challenges of the sufficiency of Environmental Assessments (EA) or Environmental Impact Statements (EIS) for oil...more

Energy & Environment Update - July 2014 #3

In This Issue: - Commerce Department Action on Solar Trade Case - Energy and Climate Debate - Congress - Administration - Department of Agriculture - Department of Commerce -...more

U.S. Department of Commerce Announces New Antidumping Duties on Solar Panels from China and Taiwan

The U.S. Department of Commerce (DOC) recently announced its affirmative preliminary determination in the antidumping (AD) investigations of certain crystalline silicon PV products imported form the People’s Republic of China...more

Corporate Renewable Energy Buyers’ Principles Highlight the Promise of Consumer/Utility Collaboration in Renewable Power...

As we wrote earlier this year, end-use corporate energy consumers large and small are increasingly turning to distributed power generation using solar, wind and other technologies to reduce purchased power costs and price...more

California Insurance Coverage Cases Raising Key Issues On The Horizon

This year, 2014, is lining up with interesting insurance coverage cases pending across the country which may lead to far reaching decisions. In California specifically, it is apparent to us that the Hartford Insurance...more

Iowa Supreme Court Decision Boosts Renewable Energy Development

A recent Iowa Supreme Court decision may give a boost to small-scale renewable energy development in that state. On July 11, the court issued its opinion in SZ Enterprises, LLC vs. Iowa Utilities Board (link to decision),...more

California Air Resources Board-Commissioned Report Recommends Ways to Avoid Price Volatility in California’s Cap and Trade Market

Concerned about the potential for price volatility in its cap and trade program, the California Air Resources Board (CARB) commissioned the Market Simulation Group (MSG) at the University of California Energy Institute to...more

Smooth Operator

The successful financing, negotiation and construction of a utility-scale solar power plant are significant achievements for all parties. However, owners and providers face an entirely new set of challenges once the plant is...more

Fifth District Upholds CEQA Exemptions For Ongoing Pre-CEQA Projects And Continued Operation of Existing Facilities To Reject...

In a July 3, 2014 published decision more notable for the practical importance of the water rights involved than the CEQA law applied, the Fifth District Court of Appeal rejected the CEQA challenges of various environmental...more

Top 6 at 6: Highlights of the Top Climate Change Legal Stories in the First Half of 2014

Our semi-annual look at the top climate change legal stories is keyed on EPA. You hardly have to have been awake to be aware of the Clean Power Plan and UARG v. EPA. But other things have stirred the pot as well: three...more

Russia's Second Renewable Energy Auction Gives Both Glimmer of Hope and Cause for Concern

Having one of the richest conventional energy reserves in the world, Russia has traditionally downplayed the importance of renewable power generation. Therefore, it is not surprising that compared to other countries' policy...more

China Update - June 2014 #2

In This Issue: - Quote of the Week - U.S.-China Relations - China News - Energy & Environment and Trade - Excerpt from U.S.-China Relations: 6th Round of the US-China Strategic and...more

Supreme Court Decides Utility Air Regulatory Group v. Environmental Protection Agency

On June 23, 2014, the U.S. Supreme Court decided Utility Air Regulatory Group v. Environmental Protection Agency, No. 12-1146, holding that the U.S. Environmental Protection Agency (EPA) cannot require that a stationary...more

Tennessee Gas Decision: Oil & Gas Implications

On June 6, 2014, the U.S. Court of Appeals for the DC Circuit ruled that the FERC violated the National Environmental Policy Act (NEPA) by improperly "segmenting" its NEPA analysis of a four-part upgrade to Tennessee Gas...more

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