News & Analysis as of

Wind Farm

CFIUS’s Report and the Year Ahead for Foreign Natural Resource Investment

by Snell & Wilmer on

On September 21, 2017, the Committee on Foreign Investment in the United States (“CFIUS”) issued a public version of its most recent classified annual report to Congress on covered transactions for CY 2015. CFIUS is the...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

Wind Farm/Transmission Line: Federal Court Addresses Whether Facility Operations Can Continue Pending NEPA Supplemental EIS...

A United States District Court (Southern District California)(“Court”) addressed a dispute as to the appropriate remedy for a constructed wind farm and transmission line (collectively “Project”) whose United States Department...more

Renewable Energy Update - July 2017 #3

by Allen Matkins on

Renewable Energy Focus - California’s extension of cap-and-trade provides more certainty to cleantech - Greentech Media - Jul 18 - Late Monday night, California lawmakers approved a group of bills that extend the...more

Planned RET Amendments in Poland

by K&L Gates LLP on

On 28 June 2017, an official bill amending the Renewable Energy Sources Act and certain other acts (including the Act on Wind Farm Investments), was published on the website of the Government Centre for Legislation. One of...more

FERC Staff Questions Wind Farms on Calculation of PURPA’s One-Mile Rule

On June 9, 2017, Beaver Creek Wind II, LLC and Beaver Creek Wind III, LLC (together, “Beaver Creek”) responded to a deficiency letter from the Federal Energy Regulatory Commission (FERC or the “Commission”) staff seeking...more

Rhode Island Considering Legislation to Streamline Process of Developing Renewable Energy Projects

by Pierce Atwood LLP on

The Rhode Island General Assembly is considering several bills designed to streamline the local permitting process statewide and make it easier and cheaper for developers of renewable energy projects to do business in the...more

Is the wind of change blowing for energy investors in Poland?

by DLA Piper on

The Polish Ministry of Energy (ME) has been working on a set of changes to the Renewable Energy Sources Act and certain other acts including the Wind Energy Investments Act. The wording of the proposed changes is to be...more

Oklahoma State PTC Ends for Wind Projects Not Operating Prior to July 1, 2017

On April 17, 2017, Oklahoma Governor Mary Fallin signed into law House Bill No. 2298, which moves the deadline for a wind project to be operational to qualify for the state’s production tax credit for wind power to June 30,...more

Projects and Energy Weekly Snippets

by Hogan Lovells on

Least-cost base case essential starting point for IRP process – SAWEA - The South African Wind Energy Association (SAWEA) has rejected the current base case scenario used for the 2016 Integrated Resource Plan (IRP2016)...more

Renewable Energy Update - March 2017 #2

by Allen Matkins on

Renewable Energy Focus - U.S. solar market has record-breaking year - Greentech Media - Mar 9 - The U.S. solar market had its biggest year ever in 2016, nearly doubling its previous record and adding more...more

Lesson to the Wise: Know Your Expert

by Hodgson Russ LLP on

In a recent Court of Claims decision, attorneys for the United States Department of Justice (DOJ) learned a hard lesson regarding the importance of vetting experts prior to proffering them. In Alta Wind I Owner-Lessor C, and...more

Renewable Energy Update - February 2017 #3

by Allen Matkins on

Renewable Energy Focus - California demand for wind power energizes transmission firms - Reuters - Feb 15 - A firm controlled by Philip Anschutz, the billionaire entertainment and pro sports magnate, will...more

Projects and Energy Weekly Snippets

by Hogan Lovells on

Weekly projects and energy updates in South Africa Eskom sticks on price for renewables The standoff between the Department of Energy and power utility Eskom looks set to continue for a while, with both sides digging in on...more

French on-shore wind farm market in 2017: New tariffs structure and other important updates

by Allen & Overy LLP on

Speed Read - The French on-shore wind market, one of the most active renewable markets in Europe, will be subject of a new legal framework which aims to allow for a more market driven electricity system in France. Whilst...more

U.S. Fish and Wildlife Service Issues Final Revised Eagle Rule

by Stoel Rives LLP on

Today the U.S. Fish and Wildlife Service (Service) published notice in the Federal Register of a long-anticipated final rule revising its eagle permitting regulations (Revised Eagle Rule). Concurrent with the Revised Eagle...more

MIT: Energy Ventures 10 Year Anniversary Top 10 Moments – Moment #6

As Sponsors of MIT’s Energy Venture Alumni Event, celebrating the past 10 years, Mintz Levin’s attorneys are taking this opportunity to countdown the top 10 moments in energy which they feel impacted the industry and their...more

Court rejects contractor’s mechanic’s lien because of ‘intent’

by Thompson Coburn LLP on

The Illinois Court of Appeals’ recent decision in AUI Construction Group, LLC v. Vaessen highlights the need for careful planning in structuring development agreements, construction contracts, and the use of an easement as...more

1603 Cash Grant Applications Underpaid

On October 31, 2016, the Federal Court of Claims ruled that the U.S. Department of the Treasury underpaid 1603 cash grant applications made in respect of the Alta Wind Energy Center by approximately $206 million. The...more

Alta Wind Wins Cash Grant Dispute in Court of Federal Claims – Awarded US$206 Million

by Latham & Watkins LLP on

Favorable decision clarifies the value of cash grants and investment tax credits for renewable energy projects. A large wind developer won a significant victory in the Court of Federal Claims on October 28 in a case that...more

Renewable Energy Update - October 2016 #4

by Allen Matkins on

Renewable Energy Focus - Solar provides 2% of electricity in the Western United States - PV Magazine - Oct 27 - West of the Rocky Mountains, the electricity mix in the U.S. and Canada looks something like...more

Oklahoma Federal Court Denies Injunctive Relief in Wind Farm Nuisance Suit

by McGuireWoods LLP on

A recent decision in the U.S. District Court for the Western District of Oklahoma, Terra Walker et al. v. Kingfisher Wind, LLC, No. 5:14-cv-914-D, Doc. 160 (W.D. Okla. Oct. 13, 2016), could sound a death knell for nuisance...more

Renewable Energy Update - October 2016 #3

by Allen Matkins on

Renewable Energy Focus - Ports plan for future zero-emission goal with cleaner, safer energy - Long Beach Press-Telegram - Oct 18 - After years of pressure from environmental groups and the community to...more

California Environmental Law & Policy Update - September 2016 #3

by Allen Matkins on

Environmental and Policy Focus - Federal Plan divvies up California desert for conservation and energy projects - ABC News - Sep 14 - Swaths of public land in the California desert will be opened to solar and...more

U.S. Offshore Wind Industry Readies for Take-off Led by Northeast U.S.

The U.S.’s offshore wind industry is poised for a burst of activity after faltering for several years on the heels of the stalled Cape Wind project in Massachusetts. The country’s first offshore wind farm will open this fall...more

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