News & Analysis as of

Renewable Energy Appeals

Goldberg Segalla

Challenging Crypto Mining with Greenhouse Gas Limits

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About two months ago, a New York Appeals Court reversed a lower court’s dismissal of the claims brought by two public service organizations in the matter of Clean Air Coalition of Western New York v. New York State Public...more

(ACOEL) | American College of Environmental...

CCR Update- Ready for Another Acronym?

For those seasoned rockers, CCR means Creedence Clearwater Revival, but for environmental lawyers, CCR means Coal Combustion Residuals (“CCR”) which is a slurry by-product from the generation of electricity from coal fired...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Renewable Energy/Investment Tax Credit: Arizona Court of Appeals Addresses Valuation Issue

Co-author: Christian Parker The Court of Appeals in Arizona (“Court”) in a May 14th Opinion addressed a tax issue involving renewable energy requirements. See Agua Caliente Solar, LLC v. Arizona Dept. of Revenue. No....more

Williams Mullen

[Webinar] Renewable Energy Series: 2024 Virginia Energy Legislative Update - April 3rd, 11:00 am - 11:30 am EDT

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This year’s Virginia General Assembly was a packed session with several important pieces of legislation under consideration to further Virginia’s energy transition. Register for our annual webinar where we will provide an...more

Mintz

Next week the 1st Circuit Court of Appeals will hear from opponents of the Vineyard Wind project and that brings to mind Irwin M....

Mintz on

On March 5th, three Judges of the First Circuit Court of Appeals will hear from lawyers for residents of Nantucket who sued to stop the Vineyard Wind project, the first utility-scale offshore wind energy project in in the...more

Seward & Kissel LLP

Blades are Spinning at America’s First Large-Scale Offshore Wind Farm

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The nation’s first large-scale offshore wind farm started spinning its blades on January 2nd. The wind project, known as Vineyard Wind 1, began operations near Martha’s Vineyard 15 miles off the coast of Massachusetts,...more

Mintz

This never-ending NIMBY challenge to the Vineyard Wind project illustrates that we may be winning renewable energy battles but...

Mintz on

Over two years ago I wrote about a lawsuit filed by a Connecticut-based solar farm developer with a summer home in Martha's Vineyard seeking to enjoin the Vineyard Wind project off the Massachusetts coast. This particular...more

DarrowEverett LLP

Stick It Where the Sun Don’t Shine: Land Use Challenges Siting Large-Scale Ground-Mounted Solar Projects

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Federal and state authorities throughout the country have adopted pro-renewable energy policy goals to promote the growth of alternative energy sources using climate-friendly technologies. With the passage of the Inflation...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Array/Tax Assessment: Rhode Island Supreme Court Addresses Challenge to Property Valuation

The Supreme Court of Rhode Island (“Appellate Court”) in a February 21st Opinion addressed a tax assessment issue involving a solar array. See Polseno Properties Management, LLC v. Keeble, 2023 WL 2125824. The question...more

Mintz

New England Clean Energy Connect will remain on ice until next year as the achievement of the Bay State's GHG reduction goals...

Mintz on

A Maine Trial Court Judge has denied New England Clean Energy Connect permission to complete its project to transmit Canadian hydropower to the United States saying that NECEC hadn't demonstrated that it will suffer...more

King & Spalding

West Virginia v. EPA: The Forecast is Cloudy for Environmental and Agency Regulation

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The United States Supreme Court recently issued its long-awaited opinion in West Virginia v. EPA, significantly restricting the Environmental Protection Agency’s (“EPA”) authority to combat climate change and regulate carbon...more

Steptoe & Johnson PLLC

Supreme Court of Ohio Reviewing Challenge to Authorization of Wind Farm Project

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Renewable energy projects in Ohio may be stimulated or stifled depending on the outcome of In re Application of Firelands Wind LLC (Case No. 2022-0055)...more

Stikeman Elliott LLP

“Federalism is Fundamental to Canada’s Existence”: Impact Assessment Act is Unconstitutional According to the Alberta Court of...

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On May 10, 2022, the Alberta Court of Appeal released its decision on the constitutionality of the Impact Assessment Act and Physical Activities Regulations (collectively, the "IAA"). The IAA was enacted with the purpose of...more

Foley & Lardner LLP

Climate Two-Step: D.C. Circuit Vacates Affordable Clean Energy Rule Just as U.S. Rejoins Paris Accord

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On the eve of the new Biden Administration, the U.S. Court of Appeals for the D.C. Circuit vacated a key greenhouse gas rule created by the Trump Administration. The Biden Administration also swiftly rejoined the Paris...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Affordable Clean Energy Rule/Clean Air Act: D.C. Circuit Court of Appeals Vacates and Remands EPA ACE Rule

On January 19, 2021, the U.S. Court of Appeals for the District of Columbia struck down the Affordable Clean Energy (“ACE”) rule. The Court issued a 185-page opinion (download here) within which it ultimately determined...more

Bracewell LLP

Changes to Expect in Environmental Litigation Under Biden

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One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

Bradley Arant Boult Cummings LLP

Minnesota Automatic-Approval Rule Secures CUP and Saves Solar Project

One of the challenges of renewable energy development is managing the permitting process. Understanding how to navigate state and local laws can be integral to a developer’s permitting success, especially where a community...more

Eversheds Sutherland (US) LLP

Federal Circuit affirms decision regarding developer fees in Section 1603 Renewable Energy Cash Grant Program

On May 21, 2020, the Court of Appeals for the Federal Circuit upheld the decision of the Court of Federal Claims in the consolidated cases of California Ridge Energy, LLC v. US and Bishop Hill Energy, LLC v. US. The cases...more

Spilman Thomas & Battle, PLLC

The Dome Report - 2020 West Virginia Legislature Updates, Issue 3

The 2020 Regular Session of the West Virginia Legislature recently passed the one-third mark and, as of this writing, the House has introduced 1155 bills, while the Senate introduced 656. We will continue reporting on and...more

Farrell Fritz, P.C.

Appellate Court Rejects Claims That Sought To Overturn A Five-Lot Subdivision For Community Solar Projects

Farrell Fritz, P.C. on

A recent decision from the Appellate Division, Third Department, concerned an unsuccessful challenge to a subdivision approval for five separate community solar projects.   First – a little background information. ...more

Holland & Knight LLP

The Light Shines for CA QFs: The Ninth Circuit Finds PURPA Preempts CA Renewable Energy Program

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On July 30, 2019, a Ninth Circuit Court of Appeal panel unanimously held that the federal Public Utility Regulatory Policy Act (PURPA) preempts two components of California's Renewable Market Adjusting Tariff (Re-MAT)...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2019

Federal Appeals Court Vacates Key Atlantic Coast Pipeline Permit - "A federal appeals court has pulled another permit issued to the Atlantic Coast Pipeline, saying the U.S. Fish and Wildlife Service had fast-tracked the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - July 2019 #3

Judge Rules Against Oil Companies to Keep Climate Liability Case in Rhode Island - "The ruling will allow Rhode Island prosecutors to continue to bring charges against 21 oil and gas producers including Chevron, Shell and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Energy/California Appellate Court Addresses Application of Zoning Laws to Community Services District Project

The California Court of Appeal (Fourth District) (“Court”) addressed in a July 19th opinion whether a solar energy project proposed by a local agency was exempt from certain city zoning ordinances. See City of Hesperia v....more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - July 2019 #2

Oil Drops More Than 3% After State Secretary Pompeo Says Iran Is Ready To Negotiate About Its Missile Program - "Oil prices turned lower on Tuesday, falling by about $2 a barrel as U.S. President Donald Trump said progress...more

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