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

Renewable energy is the fastest growing energy source in the United States, and its development is expected to continue the growth trajectory well into 2020 and beyond. The outlook is bright, but utility companies looking to develop renewable energy can also expect 2020 to be a year of significant changes and challenges. This post is the first in our three-part series covering the renewable energy outlook for 2020 and introducing several key issues on the horizon and trends that we’ve observed.
Continue Reading 2020 Renewable Energy Outlook: Waning Incentives, Redevelopment Opportunities, and Community Opposition

New York Governor Andrew Cuomo just signed into law an ambitious statewide climate change agenda – the Climate Leadership and Community Protection Act (CLCPA). The CLCPA focuses on greenhouse gas (GHG) reduction through adoption of renewable energy and energy sector mandates for GHG reductions, although the legislation leaves open the exploration of other means of GHG reduction and the expansion to economy-wide regulation. The legislation also focuses on adaptation mechanisms, including hardening infrastructure to withstand disasters. Commercially, the CLCPA goals present massive investment opportunities to help fund and develop this transformation. But investors are looking for incentives, and it remains unclear how future regulations will encourage future investments, rather than mandate them.
Continue Reading New York’s Landmark Climate Bill Creates Massive Investment Opportunities but with Few Details for Businesses

Earlier this month, the SEC’s Division of Corporation Finance issued a no-action letter saying that ExxonMobil could exclude a shareholder proposal that called for the disclosure of specific greenhouse gas (GHG) emissions targets – specifically, targets that correspond with goals outlined in the Paris Climate Agreement.
Continue Reading SEC Says No to Shareholder Proposal, But Climate Disclosure Disputes Are Here to Stay

With city after city setting 100 percent clean energy goals and states following in lockstep, opportunities are growing for renewable energy companies to develop utility-scale projects. Project development includes the need for energy infrastructure such as transmission lines, for example.
Continue Reading Executive Orders Speed Infrastructure Permitting and Create Opportunities for Utility-Scale Renewable Projects

Developing renewable energy on contaminated lands has proven to be both effective and cost-effective for companies pursuing a new solar or wind energy project. The utility-scale solar farm constructed on the 120-acre Reilly Tar & Chemical Corporation Superfund site is a great example, and there are thousands more that are ripe for redevelopment.
Continue Reading Three Strategies to Develop Renewable Energy Projects on Potentially Contaminated Lands