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Dorsey & Whitney LLP

Energy Law: Month in Review - July 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month....more

Gray Reed

Texas AG Issues Opinion on Landmen and Wind Power Leasing

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It would be a heavy burden to catalogue all of the wrongs one might attribute to our Texas Attorney General. Now, we have another one. Opinion KP-0467, responding to a request from the Texas Real Estate Commission, concluded...more

Nossaman LLP

U.S. Fish and Wildlife Service Establishes Expedited Eagle Permits

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On February 12, 2024, the U.S. Fish and Wildlife Service (Service) published a final rule creating new permitting pathways and revising existing regulations for the take of bald eagles (Haliaeetus leucocephalus) and golden...more

Bennett Jones LLP

Hydro-Québec Selects 8 Wind Farms Projects Following its 2023 Call for Tenders

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According to its Electricity Supply Plan 2023-2032 submitted to the Régie de l'énergie at the end of 2022, Hydro-Québec expects growth in electricity demand to continue in Quebec in the next decade by an additional 25...more

Mintz

The Osage Nation of Killers of the Flower Moon Fame Had a Big Win in Federal Court This Week

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A Federal Judge in Oklahoma has ordered the ejectment of 84 wind turbines on 8400 acres of Osage County Oklahoma. The problem for the developers of the wind farm is that they leased the surface of those 8400 acres from the...more

Dickinson Wright

Ohio Supreme Court Unanimously Affirms Siting Board Certificate for New Wind Farm

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Emerson Creek project in Huron and Erie Counties Now Expected to Move to Construction - On July 27, 2023, the Supreme Court of Ohio, in a 7-0 decision, affirmed the Ohio Power Siting Board (“Board”)’s decision to issue a...more

Stoel Rives LLP

Treasury Issues Proposed Rules Regarding Low-Income Communities Solar and Wind Increased Credit

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The U.S. Department of the Treasury (Treasury) earlier this week issued a notice of proposed rulemaking regarding the up to 20 percentage point additional investment tax credit (ITC) for certain solar and wind facilities...more

Blake, Cassels & Graydon LLP

Québec : Appel d’offres visant 1 500 MW de source éolienne

Le 31 mars 2023, Hydro-Québec a publié un appel d’offres visant un total de 1 500 mégawatts (MW) d’électricité provenant de source éolienne (l’« A/O 2023-01 »). Cet appel d’offres vient après l’adoption, le 15 mars 2023, de...more

Blake, Cassels & Graydon LLP

Quebec: Call for Tenders for 1,500 MW of Wind Farm Projects

On March 31, 2023, Hydro-Québec issued a call for tenders (A/O 2023-01) for a total of 1,500 megawatts of electricity generated from wind power. This follows the Government of Quebec’s adoption of two new orders-in-council on...more

A&O Shearman

Wind of Change: The challenges presented by end-of-life wind farms

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In recent years, both European and German legislators have been promoting the expansion of renewable energy both by creating a favourable legal environment and by facilitating public funding of renewables of all kinds – wind,...more

Latham & Watkins LLP

The Road to Net Zero: Offshore Wind Farms Are Gaining Momentum

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Germany and Europe aim to be carbon-neutral by 2050, with wind energy set to become the most significant source of energy in the future. However, in Germany, the pace of deployment is still insufficient. Chancellor Olaf...more

Stoel Rives - Renewable + Law

U.S. Fish and Wildlife Proposes Revisions to Eagle Permit Rules, Including General Permits for Qualifying Wind Energy Projects,...

On September 30, 2022 the U.S. Fish and Wildlife Service (“Service”) published notice in the Federal Register of a proposed rule amending its regulations authorizing permits for eagle incidental take and eagle nest take....more

K&L Gates LLP

Offshore Wind Handbook

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The U.S. offshore wind market has surged in growth over the last few years, bolstered by the U.S government’s commitment in 2021 to increase offshore wind lease capacity as well as the Biden Administration’s declaration that...more

Lewis Roca

Litigation Disputes Involving Renewable Energy Decommissioning Responsibilities

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As renewable energy projects approach the end of their lifespan, companies may face various legal issues associated with the decommissioning or repowering processes, some of which may lead to litigation....more

Lewis Roca

Intellectual Property Considerations in the Growing Renewable Energy Decommissioning Industry

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An eye towards sustainability has always been at the forefront of the renewable energy industry, but in many cases, technology was not able to catch up to the good intentions of the industry until recently....more

Lewis Roca

Issue Brief: End-Of-Life Challenges Facing Renewable Energy Facilities

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The first wind and solar farms in the United States were built in 1980 and 1982, respectively. The United States built the world’s very first wind farm, which was capable of producing only 600 kWh of electricity, while the...more

McDermott Will & Emery

An Update on Wind Farm Development along the US Coastline

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On October 13, 2021, during a speech at American Clean Power’s Offshore WINDPOWER Conference & Exhibition, US Department of the Interior Secretary Deb Haaland announced a path forward for future offshore wind leasing along...more

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

Access to Wind/Windfarm: Maryland Appellate Court Addresses Dispute Between Adjacent Landowners

A Court of Appeals of Maryland (“Court”) addressed in an august 16th Opinion a dispute between a windfarm owner and neighboring coal cleaning operation. See Gestamp Wind North America, Inc., et al. v. Alliance Coal, LLC, et...more

BakerHostetler

You Don’t Own Me: 8th Circuit’s Definition of ‘Direct Ownership Interest’ in Wind Farms Excludes Parent Entities

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Ownership changes at the parent-company level do not constitute a transfer of “direct ownership interests” in distant subsidiaries, a unanimous panel of the 8th Circuit held last month in Laredo Ridge Wind LLC, et al v....more

Bricker Graydon LLP

Ohio General Assembly passes S.B. 52: Changes to wind and solar siting requirements

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On June 28, 2021, the Ohio General Assembly passed Senate Bill (S.B.) 52, which places new requirements on renewable energy development in Ohio and changes to the Ohio Power Siting Board (OPSB) process. The bill is specific...more

Allen Matkins

Renewable Energy Update - February 2021 #2

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Offshore wind farms could be California’s next big energy rush - Courthouse News Service – February 11 - As California continues to grow its renewable energy capabilities, Assemblyman David Chiu says the state must...more

White & Case LLP

Wind Farms: EPC Contractor Ordered Not to Stop Power Generation

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Power projects usually contain a period of time, prior to completion and taking over, where power is being generated and can be sold into the grid or to an offtaker. Earlier this month, the Supreme Court of Victoria ordered...more

Allen Matkins

Renewable Energy Update - December 2020

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U.S. Senate approves Allison Clements and Mark Christie for FERC - Bullet PV-Tech – December 2 - The U.S. Senate has approved two candidates for the Federal Energy Regulatory Commission (FERC) that were nominated by...more

Opportune LLP

Texas' Wind Energy Keeps Spinning

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Wind energy in Texas has seen exponential growth over the last decade and its contribution within the overall energy complex is likely to evolve over time.  ...more

Nossaman LLP

USFWS proposes to codify Trump Administration position on MBTA

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Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more

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