News & Analysis as of

DOE-Funded Algae Foundation Education Initiative Announced

On October 2, 2015, at the 2015 Algae Biomass Organization Summit, the Algae Foundation announced a U.S. Department of Energy (DOE) funded education initiative to enhance algae workforce development. The Algae Foundation is a...more

Looking Forward To National Bioenergy Day

The third annual National Bioenergy Day will be occurring on October 21, 2015, across the United States. This special day is led by the Biomass Power Association in partnership with the U.S. Forest Service, and is intended to...more

Highlights From ABO Summit, Regulatory And Policy Panel

The Algae Biomass Summit, held in Washington, D.C. last week and claimed by organizers as the largest algae gathering in the world, featured the announcement of a new X-Prize to incentivize development of zero-carbon energy...more

Farm Service Agency Announces Start Of BCAP Enrollment

On August 19, 2015, the U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) announced the start of enrollment for financial assistance through the Biomass Crop Assistance Program (BCAP) to assist in growing new...more

Pennsylvania Commonwealth Court Explains and Applies Active Interference Exception to No Damage for Delay Clause

John Spearly Constr., Inc. v. Penns Valley Area Sch. Dist., 2015 Pa. Commw. LEXIS 337 (Pa. Commw. Ct. July 24, 2015) - This action arose out of the construction of a biomass boiler system for the Penns Valley Area School...more

New Report on Renewable Energy as an Airport Revenue Source

The Airport Cooperative Research Program (ACRP) has recently published a guidebook on Renewable Energy as an Airport Revenue Source. The link to the guidebook on the ACRP website is here. Foley partner David Bannard is a...more

USDA Promotes Development Of More Efficient Biomass Drying Systems

On August 3, 2015, Forest Concepts, LLC received a two-year, $499,997 Small Business Innovation Research (SBIR) contract from the USDA National Institute of Food and Agriculture. The contract will support the development of...more

Open Meeting Of The Biomass Research And Development Technical Advisory Committee Announced

On August 10, 2015, the Federal Register included a notice announcing an open meeting of the Biomass Research and Development Technical Advisory Committee in Washington D.C. on August 27, 2015, from 8:30 a.m. to 5:30 p.m.,...more

Senate Finance Committee Approves Energy Tax Provisions—LNG Is A Winner

On July 21, the Senate Finance Committee approved by a vote of 23 to 3 a bipartisan tax bill to renew for two years more than 50 expiring and expired tax provisions known as “tax extenders.” The provisions that are being...more

DOE Looking For Additions To Biomass Research And Development Technical Advisory Committee

As reported in last week's update, the U.S. Department of Energy's (DOE) Office of Energy Efficiency and Renewable Energy put out a call for nominations for candidates to join the Biomass Research and Development (R&D)...more

DOE Accepting Nominations For Biomass Research And Development Technical Advisory Committee

On July 15, 2015, DOE posted a solicitation notice for candidates for the Biomass Research and Development Technical Advisory Committee. According to the notice, DOE is specifically looking for candidates with experience in...more

20th Annual Presidential Green Chemistry Challenge Awards Highlight Biomass- And Waste-To-Resource Technologies

On July 13, 2015, the U.S. Environmental Protection Agency (EPA) announced the winners of the 20th Annual Presidential Green Chemistry Challenge Awards (PGCCA) and honored them at a ceremony at the National Academy of...more

Senators Sign Letter Of Support For Consistent Federal Biomass Policy

On June 30, 2015, 46 U.S. Senators sent a letter to the EPA, U.S. Department of Energy (DOE), and USDA stating that "[f]ederal policies across all departments and agencies must remove any uncertainties and contradictions...more

DOE Announces $55 million To Fund GENSETS And TERRA Programs

On June 18, 2015, the U.S. Department of Energy (DOE) announced $55 million in funding for projects to accelerate biomass development and develop generator technologies under the Advanced Research Projects Agency-Energy...more

RSB Votes To Approve Low iLUC Risk Biomass Criteria And Compliance Indicators

On June 1, 2015, the Roundtable on Sustainable Biomaterials (RSB) voted to pass the new Low iLUC Risk Biomass Criteria and Compliance Indicators standard. The standard was approved as an optional module for those undergoing...more

Summary of H.40: An Act Relating to Establishing a Renewable Energy Standard

On June 11, 2015, Governor Shumlin signed into law H. 40, An Act Relating to Establishing a Renewable Energy Standard (the “RES”). This significant renewable energy law establishes a mandatory renewable energy standard for...more

Role Of Biomass Questioned For Clean Power Plan

In a May 8, 2015, letter, Senators Ed Markey (D-MA) and Elizabeth Warren (D-MA) requested that EPA reconsider its decision to treat biomass as having zero emissions under the proposed Clean Power Plan (Plan). The Senators...more

Biomass Technical Advisory Committee Announces Public Meeting

The U.S. Department of Energy's (DOE) Biomass Research and Development Technical Advisory Committee published a notice in the April 30, 2015, Federal Register announcing an open meeting that will provide advice and guidance...more

IRS Extends Continuous Construction/Continuous Efforts Safe Harbors for Production Tax Credit/Investment Tax Credit Qualification

Production tax credits (“PTCs”) are available for wind, biomass, geothermal, landfill gas, trash, hydropower, and marine and hydrokinetic facilities, if construction of the facility began before January 1, 2015....more


Last week, the U.S. Department of Agriculture (USDA) issued a final rule amending the Biomass Crop Assistance Program (BCAP) to implement changes required by the 2014 Farm Bill. BCAP provides financial assistance to owners...more

BRDI Grants For Science And Engineering Research

USDA's National Institute of Food and Agriculture's Biomass Research and Development Initiative (BRDI) is accepting research and education grant applications for projects to integrate science and engineering research in...more

Court Sustains Treasury’s 2/3 Reduction of Cash Grant for Cogen Open-Loop Biomass Plant

The United States Court of Federal Claims on January 12 rendered an opinion in W.E. Partners II, LLC v. U.S. sustaining the Treasury Department’s reduction by approximately two-thirds of a Cash Grant for a cogeneration...more

Production Tax Credit Extended for Renewable Projects Beginning Construction in 2014

On December 19, 2014, President Obama signed into law the Tax Increase Prevention Act of 2014 (H.R. 5771). H.R. 5771 includes a retroactive one-year extension of the section 45 renewable electricity production tax credit...more

EPA Anticipates That Sorghum Based Biofuels Could Qualify For RFS

EPA announced that renewable fuels produced from sorghum biomass could qualify as cellulosic fuel under the Renewable Fuel Standard (RFS). This is a result of a preliminary analysis of the Greenhouse Gas (GHG) emissions...more

More Regulatory Stability and Incentives for Biogas and Biomass Projects

Last month, the U.S. Environmental Protection Agency (EPA) announced a host of new incentives to encourage the use of fuels derived from biomass—including biogas that replaces traditional natural gas in the form of compressed...more

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