Category Archives: Renewable Energy

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Renewable Energy Development Can Still Look to PURPA as New Administration Moves In

With the inauguration of President Trump as the 45th President of the United States, stakeholders in various sectors of the energy industry have speculated about the future of energy policy in the new administration. While the early days of the administration have seen a clear commitment to the oil and gas sectors with action on … Continue Reading

Recap: Climate Action Plan Nears Completion

In 2013, President Obama issued the Climate Action Plan. Its goal: to reduce greenhouse gas emissions from a broad range of economic sectors. Moreover, the Climate Action Plan is the key set of initiatives necessary to achieve the United  States’ GHG reduction commitment set out in the 2015 Paris Agreement, an international accord. We covered … Continue Reading

CFTC and EPA sign Memorandum of Understanding on Renewable Fuel Markets

A slowly developing renewable fuels market, several well-publicized fraud cases, and EPA’s delayed volumetric designations that frustrated industry participants have led EPA and the CFTC to a new era of cooperation. On March 17, 2016, the Commodity Futures Trading Commission (CFTC) and the Environmental Protection Agency (EPA) announced that they would share Renewable Fuel Standard … Continue Reading

Supreme Court Stays Clean Power Plan

On February 9, 2016, the U.S. Supreme Court issued a 5-4 decision staying implementation of the Clean Power Plan until the D.C. Circuit rules on challenges to the Plan. The Court left open the possibility that it would review the D.C. Circuit’s ultimate decision. The decision delays President Obama’s Climate Action Plan. The Clean Power … Continue Reading

Clean Power Plan Will Stay in Effect Pending the Outcome of Litigation

The D.C. Circuit denied industry petitioners’ motions to stay the effectiveness of the Clean Power Plan on Jan. 21. In a two-page order, the court found the petitioners had not satisfied the requirements for a stay pending review and issued an expedited case schedule. The order asked parties to submit a format for briefing as … Continue Reading

FERC Issues Proposal to Require Wind Generators to Provide Reactive Power

On November 19, 2015 the Federal Energy Regulatory Commission (Commission) issued a proposal titled “Reactive Power Requirements for Non-Synchronous Generation.” In this proposal, the Commission proposes to revise standard generator interconnection agreements (GIAs) to eliminate the exemptions for non-synchronous generation, including wind generators, from the requirement to provide reactive power.… Continue Reading

Climate Action Plan Takes Shape

The summer of 2015 saw several controversial EPA rulemaking proceedings that will affect the energy, transportation, waste management and construction sectors across the United States.  These rulemakings implement President Obama’s 2013 Climate Action Plan, which has a goal of  reducing greenhouse gas (GHG) emissions to mitigate the impacts of climate change.… Continue Reading

EPA Announces Long-Awaited Renewable Volume Obligations

On May 29, the United States Environmental Protection Agency (EPA) proposed long-delayed Renewable Fuel Standard (RFS) volume requirements for 2014, 2015, and 2016. Despite significant efforts to promote the use of renewable fuels, real-world limitations, such as the slower than expected development of the cellulosic biofuel industry, less growth in gasoline use than was expected … Continue Reading

CFTC Proposes Clarification of the Interpretation on Forward Contracts with Embedded Volumetric Optionality

On November 3, 2014, the Commodity Futures Trading Commission (CFTC), along with the Securities and Exchange Commission (SEC), proposed a clarification of its previously issued interpretation concerning the exclusion of forward contracts with embedded volumetric optionality from the “swap” and “future delivery” definitions.  The CFTC seeks to clarify the seven elements previously provided as guidance … Continue Reading

CFTC Proposal Would Expand Hedging Choices For Government-Owned Utilities

On June 2, 2014, the Commodity Futures Trading Commission (CFTC) published in the Federal Register a notice of a proposed amendment to the de minimis exception from the definition of “swap dealer” with respect to certain swaps entered into with government-owned utilities.  As explained below, the adoption of this proposal would expand the number of … Continue Reading

USEPA’s Clean Power Plan: Proposed Rule For Existing Power Plants

On June 2, 2014, the United States Environmental Protection Agency (USEPA) released the most sweeping component of President Obama’s Climate Change Action Plan.  USEPA’s 650-page proposed Clean Power Plan states that carbon dioxide (CO2) emissions from the combustion of fossil fuels at existing power plants is the single largest category of stationary source Greenhouse Gas … Continue Reading

FERC To Hold Technical Conference on Centralized Capacity Markets in RTOs and ISOs

The Federal Energy Regulatory Commission (FERC) announced this week that it will hold a technical conference on centralized capacity markets in Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs). The purpose of the technical conference is to consider how current centralized capacity market rules and structures are supporting the procurement and retention of resources … Continue Reading

President Obama Issues Executive Order — Improving Critical Infrastructure Cybersecurity

President Obama issued an Executive Order on February 12, 2013, declaring “the national and economic security of the United States depends on the reliable function of the Nation’s critical infrastructure” in the face of repeated cyber intrusions into crucial infrastructure and the growing and continuing threat to cyber security and critical infrastructure.… Continue Reading
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