Courts exist to adjudicate claimed harms. However, not every court can hear every claim. A recent D.C. district court decision in Jam v. Int’l Fin. Corp. emphasizes how difficult it can be for international plaintiffs to bring U.S. lawsuits for torts occurring abroad. The key holding in Jam – similar to other recent cases – is that just because a corporation makes general decisions about financing or operations in the United States does not mean every plaintiff can sue them in this country for harms occurring abroad. These cases’ holdings indicate that U.S. courts are limiting plaintiffs’ ability to bring suits for tortious activity abroad. As a result, many tort cases focused on international harms likely can be dismissed when the case’s only nexus to the United States is general corporate decision making.
Continue Reading International Plaintiffs’ Suit Jammed for Lack of Jurisdiction: District Court Precludes Plaintiffs’ Claims for Overseas Harms

As part of the Biden administration’s 100-day evaluation of U.S. supply chains, in June the Department of Defense (DoD) issued its review of certain “strategic and critical materials” that are key ingredients in electronics and green technologies. Supply chain resiliency is an increasingly important area of Environmental, Social, and Governance (ESG) focus for companies and stakeholders alike, and the DoD’s review has implications for ESG reporting.
Continue Reading How Manufacturers Can Improve Supply Chain Sustainability Based on New DoD Recommendations

On April 27, the Biden administration announced new proposed infrastructure initiatives that may enable developers to finally break ground on their “shovel-ready” transmission line projects, including over $8 billion in financing tools from the U.S. Department of Energy (DOE) as part of the administration’s effort to develop low-carbon energy. On the same day, the U.S. Department of Transportation (DOT) also issued new guidance on how federal and state agencies can work together to approve developers looking to use the land running alongside highways, known as the federal highway right-of-way (ROW), for construction of power transmission, clean-energy, and connectivity projects.
Continue Reading Biden Administration Infrastructure Plan Could Jumpstart “Shovel-Ready” High-Voltage Transmission Line Projects

On April 29, Illinois Governor J.B. Pritzker released proposed legislation, SB2896 and HB4074, to set statewide minimum, uniform standards for wind farms and ground-mounted solar energy systems, including setback requirements, height restrictions, and landscape buffer requirements, while maintaining local authority over permitting and final project approval. Currently, Illinois counties have the authority to set all standards and siting procedures for wind and solar energy facilities.
Continue Reading Illinois Bill Proposes Statewide Standards for Solar, Wind Farm Energy Facilities

On January 19, the D.C. Circuit vacated the Affordable Clean Energy Rule (ACE), a rule intended to reduce greenhouse gas (GHG) emissions emitted from power plants. Am. Lung Ass’n et al. v. EPA, No. 19-1140. The lengthy opinion touches on numerous issues raised over the last 10 years as EPA has bumped toward the goal of regulating greenhouse gases. The opinion appears to be grounded in EPA’s own assertions, made in this and other rulemakings, that climate change is a grave threat to society and power plants are a significant source of GHGs.
Continue Reading Affordable Clean Energy Rule Vacated

In a decision that affirmed FERC and is a supportive development for the energy storage industry, on July 10, 2020, the U.S. Court of Appeals for the D.C. Circuit upheld the Federal Energy Regulatory Commission‘s landmark rule, Order No. 841. The decision confirmed FERC’s position in Order No. 841 that it could preempt state interference with energy storage resources trying to reach the wholesale market and rejected arguments that the rule unlawfully intrudes upon state electricity authority.
Continue Reading D.C. Court Upholds FERC Energy Storage Rule and FERC Dismisses Petition to Declare State Net Metering Programs FERC-Jurisdictional

Have a large site ready for renewable energy development in New York? The state is looking for you.

On July 22, 2020, New York Governor Andrew Cuomo announced a search for possible sites, requesting information (RFI) from local communities and private parties about prospective sites.
Continue Reading New York Issues RFI for Build-Ready Sites to Host Large-Scale Renewable Energy Developments

The EPA’s controversial science adviser policy has suffered two more defeats following the recent Union of Concerned Scientists v. Wheeler decision, making three straight losses in court for the Trump Administration’s policy limiting scientist participation in U.S. Environmental Protection Agency advisory boards.
Continue Reading Three Strikes and the EPA’s Scientist Advisory Committees Directive May Be Out

Even though communities are likely to reap many benefits from proposed renewable energy projects, local opposition can delay – or altogether thwart – the progress of renewable energy projects. Most renewable energy projects require some level of zoning or permit approvals to proceed, and garnering support is proving to be especially difficult. This final post of our three-part series on the 2020 renewable energy outlook (read the first post here and the second post here) examines how local opposition can form and what utilities can do to gain a community’s backing and trust.
Continue Reading 2020 Renewable Energy Outlook: Strategies to Elicit Community Support

As federal tax incentives for wind and solar energy projects set to expire this year, project costs will increase, which is sure to impact the renewable energy market in 2020. Without these added financial benefits, strategic utility developers will need to pursue cost-effective development options and other available tax incentives to continue making the most of renewable project investments.

As one of several trends we recently introduced as part of our 2020 renewable energy outlook series, this post takes a closer look at developing projects on brownfields and capitalizing on other federal, state, and local tax incentives for developers.
Continue Reading 2020 Renewable Energy Outlook: Redevelopment Opportunities and State and Local Tax Incentives in Lieu of Waning Federal Incentives