News & Analysis as of

NREL Analyzes Production Tax Credit Extension Implications for U.S. Manufacturing

The National Renewable Energy Laboratory (NREL), which is a component of the U.S. Department of Energy, has published a report analyzing the implications of the extension of the production tax credit (PTC) for U.S....more

Minnesota Legislature Looks to Jump Start Renewable Energy Exports

The Minnesota State Legislature is currently debating a bill that would ease the regulatory burden on independent power producers looking to export wind and solar energy generated in Minnesota....more

2013 in Renewable Energy Project Litigation

Renewable energy developers continue to have an excellent track record of defeating project challenges. In December 2012, we summarized nearly 10 years of litigation against renewable energy projects. Between the...more

Renewable Energy Update

Renewable Energy Focus - New DOE loan guarantee program: Green Tech Solar News - Feb 27: The Department of Energy is targeting from $1.5 billion to as much as $4 billion for a new renewable energy project loan...more

Federal district court decision appears to clear way for Cape Wind

The Federal District Court in Washington, DC has issued a lengthy ruling that appeared to substantially clear the way for Cape Wind, a large proposed offshore wind farm on Horseshoe Shoal in Nantucket Sound south of Cape Cod,...more

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

Divisional Court Overturns Environmental Review Tribunal Decision and Allows Wind Project to Proceed

In an important decision for stakeholders in the Ontario renewable energy industry, the Divisional Court of Ontario overturned the July 2013 decision by the Environmental Review Tribunal (the ERT) in Ostrander Point. In its...more

News for Onshore Wind and Offshore Wind: ISO-NE's FCA Offer Review Trigger Price (ORTP) for FCA 9

On February 11, 2014, the Federal Energy Regulatory Commission (FERC) issued an order on ISO-New England Inc.’s (ISO-NE) proposed revisions to its Forward Capacity Market (FCM) Offer Review Trigger Price (ORTP) provisions for...more

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

Private Sector Investment Powering Mexico Solar Energy Sector

After the failure of subsidies in driving the solar markets of Spain, Italy and the Czech Republic, Mexico and a number of Latin American countries are planning to ensure the growth of their renewable markets through private...more

FERC Performs an About-Face in Idaho

With the holidays behind us and the cheer and reverie of the New Year trailing off, wind developers in Idaho may be realizing that the Federal Energy Regulatory Commission (FERC) left a lump of coal in their stockings on...more

Renewable Energy Update -- January, 9, 2014

Renewable Energy Focus - Catching rays in California, and storing them - New York Times - Dec 23: Solar power is growing so fast in California — with installations by customers increasing tenfold since 2006 — that it is...more

Minnesota Judge Rings in the New Year with Sunshine

On December 31, 2013, Minnesota Administrative Law Judge Eric Lipman determined in a competitive bidding process that solar provided greater value to ratepayers than natural gas. In a first-ever competitive bidding process...more

The 30-Year Programmatic Eagle Take Permit: How Much Certainty Does It Provide?

The U.S. Fish and Wildlife Service issued a final rule that takes limited action to extend the maximum life of programmatic eagle take permits to 30 years, provides for permit transferability, and sets processing and...more

Baucus Proposes Reforms to Energy Tax Incentives

Senate Finance Committee Chairman Max Baucus (D-MT) released a proposal on December 18 that would streamline energy tax incentives to make them more predictable and technology-neutral. The proposal consolidates several...more

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

Baucus Post-2016 Proposal: No Change to PTC & ITC Reduced to 20 Percent

Today, the chairman of the Senate Finance Committee, Max Baucus (D-MT), released his proposal for energy tax incentives as part of overall tax reform. The proposal is thoughtful and merits serious consideration by the...more

Wind Power Opportunities in Mexico

With recent developments in the region, the wind is certainly blowing in favour of wind power projects in Mexico. The country’s wind power market has seen remarkable growth; expanding from virtually nothing in 1994, Mexico is...more

Renewable Energy Update -- December 3, 2013

Renewable Energy Focus - Renewable energy to the rescue for California's Salton Sea: SustainableBusiness.com - Nov 27 - Geothermal energy is coming to the rescue of California's Salton Sea while also giving a huge boost...more

District Court Upholds Biological Opinion For Wind Energy Project In Imperial County, California

On November 20, 2013, the United States District Court for the Southern District of California rejected a challenge by various plaintiffs and upheld the biological opinion and incidental take statement issued by the U.S. Fish...more

Utilities Building More Wind Farms

Consumers Energy has started construction on its Cross Winds Energy Park in Tuscola County. The project, to be located in Akron and Columbia Townships, has agreements with the Tuscola County Road Commission for the...more

For the First Time, U.S. Extends MBTA Enforcement to Renewables

On November 22, 2013, the Department of Justice announced its first prosecution of a wind farm operation for violations of the Migratory Bird Treaty Act (MBTA), a criminal statute governing take of over 1000 species of birds....more

Polsinelli Podcast - Hot Energy Trends in 2014 by Polsinelli  [Video]

Whether you are operating a coal mine or looking to invest in Wind Energy, the utility and energy industries are always evolving. Polsinelli's Energy law practice is one of the leading practices of its kind in the Midwest....more

Ocotillo Wind-Energy Project Prevails in NEPA and Migratory Bird Treaty Act Challenges

On November 6, 2013, in The Protect Our Communities Foundation v. Salazar, the U.S. District Court for the Southern District of California rejected a challenge to the Ocotillo wind-energy project based on the National...more

Watt’s New? Michigan Energy Newsletter - November 2013

In This Issue: - MISO Says Presque Isle Coal-Fired Plant Must Stay Open - Getting Closer to Making Good Energy Decisions - Assessment of Wind Energy Opportunities in Michigan - New Battery Lab at U of M -...more

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