News & Analysis as of

Energy Projects

Court Declines to Vacate Environmental Assessment of Dakota Access Pipeline, Permitting Oil to Flow during Remand

On October 11, 2017, the United States District Court for the District of Columbia declined to vacate the U.S. Army Corps of Engineers’ (“Corps”) Environmental Assessment (“EA”) of the Dakota Access Pipeline while the agency...more

FERC Holds Certain Passive Equity Interests in Public Utilities Are “Non-Voting Securities” for Purposes of Section 203 of the...

On October 4, 2017, in a decision with significant implications for the energy project finance community, the Federal Energy Regulatory Commission (FERC or the “Commission”) granted a petition for declaratory order filed by...more

First Subsidy-Free Solar Farm Opens in UK

by Latham & Watkins LLP on

The first solar farm has successfully launched in the UK without government subsidisation. Clayhill Solar Farm, a 10 megawatt (MW) site near Flitwick in Bedfordshire, is capable of generating enough power for 2500 homes. ...more

Baker-Polito Administration Distributes 56 META Grants to Fund Energy Efficiency Studies and New Clean Energy Projects Across...

The most effective local clean energy projects result from thorough, targeted, and well-supported research that puts the needs of the surrounding community at the forefront. To support such research efforts in Massachusetts,...more

NREL’s Wind Finance Report Highlights

The National Renewable Energy Laboratory (NREL), a federally-owned laboratory that is funded through the U.S. Department of Energy, recently released a report titled Wind Energy Finance in the United States: Current Practice...more

Fifth Circuit Affirms Contractors Cannot Be Criminally Liable for OCSLA Violations

On September 27, 2017, the Fifth Circuit in U.S.A. v. Don Moss, Curtis Dantin, Grand Isle Shipyard, Incorporated, and Christopher Srubar, No. 16-30516 (5th Cir. September 27, 2017), issued a decision affirming the District...more

Dominion affiliate proposes Tazewell pumped storage project

by PretiFlaherty on

A Virginia-based utility company has applied to federal regulators for a preliminary permit to study the feasibility of a pumped hydroelectric storage facility in the coalfield region of Southwest Virginia. If built, Dominion...more

Third Mexican Power Purchase Auction Delivers New Options for Buyers

On May 8, 2017, the National Center of Energy Control (Centro Nacional de Control de Energía, or "CENACE") and the Mexican Ministry of Energy (Secretaría de Energía, or "SENER") published the tender documents and requirements...more

Italy Energy Newsletter - Issue 21, 2017

by DLA Piper on

Novità Normative e Giurisprudenziali - in vigore Interventi esclusi dall'autorizzazione paesaggistica o sottoposti a procedura semplificata - Circolare Ministero dei Beni Culturali 21 luglio 2017, n. 42 Con la Circolare...more

Court Holds Project Construction Constitutes “Mining” on Tribal Lands

by WilmerHale on

Last week, the United States Court of Appeals for the Tenth Circuit held that excavation work performed by a private company when installing wind turbines constituted “mining” under the federal regulation governing mineral...more

Transaction Structuring Matters: North Carolina Rejects Third-Party Rooftop Solar Power Purchase Agreements

by Stoel Rives LLP on

A North Carolina appeals court has reminded energy developers in the state of the importance of structuring a transaction so as not to trigger the state’s utility franchise laws. For one unfortunate developer, that reminder...more

A Legal and Commercial Checklist for Bankable Solar EPC Contracts: A Developer’s Guide

Large-scale solar development is big business, and solar EPC Contracts are big business by association. In Q2 2017, the U.S. solar market installed 2,387 MWdc, an 8% increase year-over-year, and the largest second quarter...more

Oil & Gas Sector in Mexico: Comisión Nacional de Hidrocarburos Announces Petróleos Mexicanos Invitation to Bid for Ayín-Batsil...

by Shearman & Sterling LLP on

On September 18, 2017, the Mexican government, through the Comisión Nacional de Hidrocarburos (National Hydrocarbons Commission or “CNH”), commenced an international tender process to grant the right to enter into a license...more

NY Seizes on Recent D.C. Circuit Decision to Deny Pipeline Permits

by Pepper Hamilton LLP on

The U.S. Court of Appeals for the D.C. Circuit’s recent decision in Sierra Club v. FERC (Southeast Market Pipelines Project), No. 16-1329 (D.C. Cir. 2017), has already had an impact on the natural gas industry and resulted in...more

Illinois Announces Winning Bids for New Wind and Solar Project REC Contracts

by Bryan Cave on

Pursuant to Section 16-111.5 (e) of the Illinois Public Utilities Act, the Illinois Commerce Commission (“ICC”) convened a special meeting on September 7, 2017, to vote on whether to approve the recommendations of the...more

Chile’s New Electricity Highway

by Shearman & Sterling LLP on

Partners Cynthia Urda Kassis and Alexandro Padrés (both New York-Project Development & Finance) discuss how the Transmisora Eléctrica del Norte S.A. (TEN) financing project transformed Chile’s transmission development,...more

Projects and Energy Weekly Snippets

by Hogan Lovells on

Kubayi sets 77c/kWh price cap and October deadline for signing of 26 renewables projects - Energy Minister Mmamoloko Kubayi stipulated that all the projects would be subject to a 77c/kWh tariff cap; a price point that...more

RC Byrd hydro project licensed at Army Corps locks and dam

by PretiFlaherty on

Federal hydropower regulators have issued an original license to an Ohio city to construct, operate, and maintain a 50-megawatt hydroelectric project at an existing U.S. Army Corps of Engineers lock and dam site. If developed...more

MA Department of Energy Resources Files Final Revised Regulations for Solar Massachusetts Renewable Target Program

On August 11th, 2017, the Massachusetts Department of Energy Resources (DOER) released its final set of proposed regulations for the Solar Massachusetts Renewable Target (SMART) program, which aims to deploy another 1,600 MW...more

D.C. Circuit: FERC Must Consider Potential Pipeline Downstream GHG Effects

by Shearman & Sterling LLP on

On August 22, the US Court of Appeals for the District of Columbia Circuit, in a 2-1 decision, vacated and remanded orders of the Federal Energy Regulatory Commission (FERC) authorizing the construction and operation of three...more

Rethinking Greenhouse Gas Emissions: D.C. Circuit Orders Further Environmental Review of Natural Gas Pipeline Certificate

by Hogan Lovells on

On August 22, 2017, the United States Court of Appeals for the District of Columbia Circuit issued a ruling that may change the way that the Federal Energy Regulatory Commission (FERC) examines the impacts of greenhouse gas...more

The Federal Energy Regulatory Commission Issues Guidelines for Reporting on Cultural Resources Investigations for Natural Gas...

by Hogan Lovells on

The Federal Energy Regulatory Commission (FERC), Office of Energy Projects, recently issued its Guidelines for Reporting on Cultural Resources Investigations for Natural Gas Projects (Guidelines)....more

DC Circuit: FERC’s EIS For Southeast Market Pipelines Project Is Deficient

On Tuesday, the U.S. Court of Appeals for the DC Circuit, in the case of Sierra Club, at al., v. FERC, rejected most of the arguments made against the Federal Energy Regulatory Commission’s (FERC) decision to approve the...more

Forest City Dam petition for declaratory order

by PretiFlaherty on

The owner of a dam and reservoir spanning the East Branch of the St. Croix River on the international boundary between the United States and Canada has applied to federal regulators for a ruling that the project will no...more

Sustainable Development Update - August 2017 #4

by Allen Matkins on

Sustainable Development Focus - LADWP fast-tracks major solar battery project - Solar Industry Magazine - Aug 17 - The Los Angeles Department of Water and Power (LADWP) last Tuesday advanced a utility-scale...more

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