News & Analysis as of

Transmission Lines

Forest Service approves transmission lines

by PretiFlaherty on

The U.S. Forest Service has released its final approvals for two major electricity transmission lines proposed for development across several western states, issuing Records of Decision for the TransWest Express and Energy...more

BLM Directed to “Try Again” on NEPA Analysis for Echanis Wind’s Transmission Line: Greater Sage-Grouse Remains Key Issue for...

by Stoel Rives LLP on

In the continuing saga of the Echanis wind project in Eastern Oregon, U.S. District Court Judge Michael Mosman on April 18 vacated the Bureau of Land Management’s (BLM)’s Record of Decision (ROD) on a right-of-way grant...more

Generator Receives Another Shot at Obtaining CAISO Congestion Revenue Rights

by Stoel Rives LLP on

On April 4, 2017 (NextEra Desert Center Blythe, LLC v. FERC, Case No. 16-1003 (“NextEra”)), the DC Circuit issued a decision remanding back to the Federal Energy Regulatory Commission (“FERC”) orders denying NextEra Desert...more

ITC Macomb-Orchard Trail Subject of Media Attention

by Clark Hill PLC on

ITC’s filing of numerous condemnation lawsuits was the subject of press coverage by the Macomb Daily and WXYZ Television. I have discussed my representation of a large ownership group being impacted by ITC’s takings that...more

Summary of FERC Meeting Agenda for January 19, 2017

by White & Case LLP on

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 19, 2017 meeting, pursuant to the agenda as issued on January 12, 2017. Agenda items E-3, E-4, E-5, E-6, C-1, and C-2 have...more

ITC Making More Good Faith Offers for Adams-Spokane Line in Macomb County

by Clark Hill PLC on

ITC is seeking expanded vegetation management rights from property owners in Washington Township. I was recently contacted by a property owner who received a good faith offer from ITC. The good faith offer seeks expanded...more

Northern Pass Transmission public utility status

by PretiFlaherty on

New Hampshire utility regulators have issued an order conditionally authorizing Northern Pass Transmission LLC to operate as a public utility, with respect to its proposed 192-mile, high-voltage electric transmission line...more

ITC Files Vegetation Cases in Taylor and Dearborn

by Clark Hill PLC on

ITC has filed a series of lawsuits in Wayne County Circuit Court seeking to expand its vegetation management rights on residential properties in Taylor and Dearborn. I have been retained or I am in the process of being...more

Statute of Limitations for Actions to Remove Encroachments from Easements Returned to 20 Years

by Smith Anderson on

In 2007, the North Carolina Court of Appeals held in Pottle v. Link, 187 N.C. App. 746, 654 S.E.2d 64 (2007), that actions to remove encroachments from an easement must be brought within six years of the encroachment being...more

ITC Moving Into Oakland County

by Clark Hill PLC on

ITCs’s vegetation management efforts are now taking place in Walled Lake, representing an unprecedented amount of activity by the agency. It seems like a weekly occurrence that I learn from property owners of new efforts...more

ITC Issuing Good Faith Offers in Dearborn

by Clark Hill PLC on

New ITC takings occurring in Dearborn. ITC has been using eminent domain for years to acquire additional property rights along existing transmission lines. For a more complete discussion of this process, please see...more

FERC Meeting Agenda Summary - July 2016

by White & Case LLP on

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s July 21, 2016 meeting, pursuant to the agenda as issued on July 14, 2016. Agenda items E-6, E-19, E-21 and E-22 have not been...more

ITC Making Offers Along Adams Spokane Line

by Clark Hill PLC on

ITC is seeking expanded vegetation management rights along a transmission line running through Oakland and Macomb Counties. I recently noted that ITC had issued a good faith offer for a property in Shelby Township. I...more

International Transmission Company active in Shelby Township

by Clark Hill PLC on

As part of its continuing efforts to expand its vegetation management rights, International Transmission Company or ITC is contacting property owners in Shelby Township seeking new expanded easements. Following the 2004...more

California Energy Agencies Advance Renewable Transmission Line Planning

by Latham & Watkins LLP on

California energy agencies and key stakeholders have finished the first step of a statewide planning process to evaluate transmission needs in the state and the region. This process, called the Renewable Energy Transmission...more

FERC Conference to Address Implications of Binding Transmission Development Bids

by Morgan Lewis on

FERC rejected a transmission developer’s request that binding revenue requirement transmission project bids should be deemed just and reasonable and subject to Mobile-Sierra protections, but announced a technical conference...more

Energy in Maine's 2016 State of the State

by PretiFlaherty on

Maine Governor Paul LePage has released his 2016 State of the State remarks in the form of a letter to the state legislature. Among his top priorities detailed in the letter is addressing the high cost of electricity in the...more

FERC Considers Whether There Is a Place for Competitively Awarded Transmission Projects to Receive ROE Incentives

In an order issued January 8, 2016, the Federal Energy Regulatory Commission (FERC) announced that it will probe the novel question of whether there is a place for competitively awarded transmission projects to receive return...more

Policy and Legal Implications of Implementing Renewable Energy at Scale: Renewables Intermittent Power Generation (Part 6 of 6)

Tom Burton, Chair of Mintz Levin’s Energy Technology Practice, has published a weekly installment providing insight into the challenges and possible solutions that, if implemented, promise a bright future as clean energy...more

Northern Pass files with NH SEC

by PretiFlaherty on

The developer of the Northern Pass Transmission Project, a proposed high-voltage transmission line from Canada into New Hampshire, filed a formal application to New Hampshire regulators this week. First proposed in 2009,...more

EPA Clean Power Plan Considerations: Wheeling Renewable Power

by McCarter & English, LLP on

Here’s what you need to know about the opportunities and regulatory impacts. Investment in renewable generating capacity is a key building block of the U.S. Environmental Protection Agency’s (“EPA’s”) Clean Power Plan to...more

Migratory Bird Treaty Act: Question Of Unintentional “Take” Primed For Potential Fifth Circuit En Banc Or Supreme Court Review

by BakerHostetler on

Recently, industry won a major legal victory regarding liability—or lack thereof—for unintentional and indirect bird deaths under the Migratory Bird Treaty Act (MBTA). Unfortunately, that victory could be short lived,...more

Policy and Legal Implications of Implementing Renewable Energy at Scale: Supply and Demand Geographic Mismatch (Part 2 of 6)

The Problem: Supply and Demand Geographic Mismatch Because much of America’s renewable energy supply is inland and demand is on the coasts (about 52% of the U.S. population is coastal), demand cannot meet supply without...more

California Legislature Boosts Renewables Portfolio Standard to 50 Percent and Increases Energy Efficiency Goals; Balks at...

Following a raucous debate fueled by intense lobbying by environmental organizations and the oil industry, the California Legislature has approved an ambitious plan by Gov. Jerry Brown (D) to boost targets for renewable...more

FERC Meeting Agenda Summary - September 2015

by White & Case LLP on

In this issue: • Electric Items • Miscellaneous • Gas Items • Hydro Items • Certificates Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s September 17, 2015...more

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