Wind Power

News & Analysis as of

Ninth Circuit Holds that the BLM’s Grant of a Right-of-Way for a Road Over Federal Land Does Not Trigger Consultation Under the...

On May 27, 2015, the United States Court of Appeals for the Ninth Circuit upheld the US Bureau of Land Management’s (BLM) grant of a right-of-way over federal land for a road (the Road Project) for a wind energy project...more

Hawai’i Enacts Legislation Creating Community-Based Renewable Energy Program

A law that could significantly expand access to renewable energy generation in Hawai’i through a new community-based renewable energy program was approved by Governor David Ing on June 8, 2015. While the new law is couched in...more

FWS To Authorize Incidental Takes Under the Migratory Bird Treaty Act?

Late last month, the Fish & Wildlife Service issued a Notice of Intent to prepare a programmatic environmental impact statement to evaluate various options for authorizing incidental takes under the Migratory Bird Treaty Act....more

IRS Issues Solar Tax Equity Memo Stating the Obvious

On Friday, the IRS issued a heavily redacted Chief Counsel Advice (CCA) memorandum, which addresses the intersection of solar investment tax credit partnership flip transactions and the wind production tax credit partnership...more

Hawaii Sets 100% Renewable Energy Goal and Opens the Door to Community Solar

Electricity on the island state of Hawaii will come 100% from renewable resources by 2045, pursuant to new legislation. The plan will end Hawaii’s current reliance on imported fuel oil which Governor Ige has said currently...more

Special Session Set For Today

After weeks of negotiations, speculation, and a late night caucus, Governor Mark Dayton called the Special Session for today at 10 a.m. The six bills on the approved agenda are the three budget bills that Dayton vetoed at...more

Braving the Headwinds Hitting U.S. Wind Energy

The development of offshore wind projects in the U.S. has been a story of high hopes and many setbacks. Thus far, 2015 has perpetuated the same storyline, with major setbacks plaguing one of the major U.S. offshore wind...more

What Does the UK's New Conservative Government and New Secretary of State for Energy and Climate Change Mean for the UK's Energy...

Introduction - On 8 May 2015 David Cameron's Conservatives won an unexpected majority in the House of Commons, bringing an end to the Conservative-Liberal Democrat Coalition that had been in power since 2010. The Liberal...more

Renewable Energy Update - June 2015

Renewable Energy Focus - California Senate approves legislation to combat global warming: San Jose Mercury News - Jun 3: The California Senate approved a sweeping package of climate change bills designed to cement the...more

Ninth Circuit Holds Consultation Unnecessary for Wind Energy Project

On May 27, 2015, the U.S. Court of Appeals for the Ninth Circuit provided some additional guidance as to what constitutes agency action for purposes of triggering the consultation requirement under the Endangered Species Act...more

Washington Insight - May 2015

In This Issue: - Trade Promotion Authority Bill Advances - The U.S. Crude Oil Export Ban: An Outdated Relic Of The Past - Rocky Road Ahead For FY2016 Appropriations Bills - Banking Committee...more

Department of Energy Report Examines Wind Energy's Potential

Earlier this week, the Department of Energy (DOE) Wind and Water Power Technologies Office released a report examining the potential for wind energy to generate electricity in all 50 states. Wind energy currently provides...more

Renewable Energy Update - May 2015 #4

Renewable Energy Focus - Wind and solar account for 100 percent of new U.S. generating capacity in April: Renewable Energy World - May 26: In what is becoming a frequent occurrence, if not predictable pattern, renewable...more

A Permit System May Finally Arrive for the Migratory Bird Treaty Act - New Opportunities and Responsibilities

For years, Federal Courts have held that individuals can be held criminally liable under the Migratory Bird Treaty Act (MBTA) for the death of birds regardless of whether they intended to harm them. While several courts have...more

Renewable Energy Update - May 2015 #3

Renewable Energy Focus - New legislation proposed to extend ITC: PV-Tech - May 20: A new piece of legislation has been proposed that would help extend the investment tax credit (ITC) for both residential and commercial...more

Nation’s Wind Power Potential Assessed in DOE Report

On Tuesday, May 19, Energy Secretary Ernest Moniz announced the release of Enabling Wind Power Nationwide. The report is a comprehensive look at wind power potential across all 50 states and considers the impact of next...more

The First, First Circuit Court to Opine on a Newman Challenge

And the Insider Trading Charges Stick - On May 12, 2015, in United States v. Douglas Parigian, U.S. District Court Judge Denise Casper became the first judge in the First Circuit to opine on a challenge to insider...more

For Wind Developers: Tax Increment Financing Law – Near Miss at the Legislature

Good news! For those of you following the potential impact of LD 581, An Act to Clarify the Municipal Development District Law, on wind development in the state, please note that on April 27, 2015, the Joint Standing...more

Renewable Energy Update - May 2015 #2

Renewable Energy Focus - Wyoming-to-California lines for wind power clear hurdle: REVE Wind News - May 2: A planned 730-mile power line project to export Wyoming wind power to Southern California has passed a...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Budget Update - Late Thursday afternoon, Governor LePage released a change package to his...more

Your Texas Legislature at Work, Part 2

The Texas legislature is still busy on energy issues. Is that good or bad? It depends on your situation; oil patch thieves won’t like it. Wind Energy - Senate Bill 931 would blow away the Renewable Portfolio...more

"Insights Conversations: International Renewable Energy Projects"

The renewable energy sector, particularly wind and solar, has seen rapid expansion globally among both developed and developing countries. Skadden attorneys Paul Kraske, Jorge Kamine, Aryan Moniri and Leah Chacon discuss...more

Renewable Energy In The Asia Pacific: A Legal Overview - 3RD EDITION (with specific 2014 additions)

It is rare to find a government in the Asia Pacific region that is not willing to promote their nation’s “push for renewables” amidst an increasingly carbon constrained world. Behind closed doors, governments are well aware...more

Renewable Energy Update - April 2014 #2

Renewable Energy Focus - Fossil fuels just lost the race against renewables: Renewable Energy World - Apr 15: The race for renewable energy has passed a turning point. The world is now adding more capacity for...more

Troubles for Town’s Wind Turbine

In the long-running dispute between the Town of Falmouth and the neighbors to the Town’s wind turbine that powers the municipal wastewater treatment facility (WWTF), score one for the neighbors. ...more

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