On June 30, the DC Circuit struck down the Federal Energy Regulatory Commission’s (FERC) use of tolling orders to buy additional time in responding to requests for rehearing—a longstanding agency practice that had the effect of materially delaying litigants’ rights
Renewable + Law
The Climate Policy, Renewable Energy, & Sustainability Blog
The Renewable + Law blog, published by Stoel Rives LLP, focuses on legal developments and regulatory issues in the renewable energy sector. It covers topics such as solar and battery energy storage system (BESS) project development, interconnection processes, regional energy market reforms, land use and permitting challenges, and federal and state regulatory decisions impacting renewable energy projects. The blog also addresses legislative updates, court rulings on energy capacity definitions, and local ordinances affecting renewable infrastructure. It serves as a resource for understanding the intersection of energy law, policy, and project implementation within the evolving renewable energy landscape.
Latest from Renewable + Law - Page 9
FERC Takes Additional Actions to Address Coronavirus Pandemic
On April 2, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) took several additional actions in response to the COVID-19 pandemic. These actions supplemented FERC’s previous actions on March 19. In addition to the actions identified below, Chairman…
FERC Updates Operations During the Coronavirus Pandemic
On March 19, 2020, the Federal Energy Regulatory Commission (FERC or the Commission) announced several updates to their operations in response to the Coronavirus pandemic. Chairman Chatterjee held a press conference and stated that FERC is fully functioning via the…
CFTC Proposed Rule Benefits Certain Financially-Settled Offtake Arrangements
By Bo Harvey
On February 20, 2020, the Commodity Futures Trading Commission (CFTC) unanimously approved a proposed rule that would revise certain reporting requirements for financially-settled offtake contracts that qualify as “swaps” under the Commodity Exchange Act (as amended by the Dodd-Frank Act),…
Minnesota Court of Appeals Determines MEPA Review Required for Wisconsin Natural Gas Generating Facility
On December 23, 2019, the Minnesota Court of Appeals reversed and remanded a decision by the Minnesota Public Utilities Commission (the “Commission”) approving affiliated-interest agreements permitting Minnesota Power and its Wisconsin affiliate to move forward with the construction of a…
CAISO Clarifies Generator Deliverability Assessment Proposal
In a stakeholder call yesterday, the CAISO discussed the Revised Draft Final Proposal in the Generator Deliverability Assessment stakeholder initiative. During the call, the CAISO addressed outstanding stakeholder questions, including confirming key upcoming dates for project developers.
Background on the…
FERC Rules on Order No. 841 Compliance Filings
By Jason Johns
In February 2018, as part of its efforts to remove barriers for electric storage resources, the Federal Energy Regulatory Commission (FERC) issued its final rule on electric storage participation in organized markets (Order No. 841). Order No. 841 directed Regional…
San Diego Joins Community Choice Aggregation Program – Set to Launch in 2021
By Bo Harvey
On September 17, 2019 the San Diego City Council voted 7-2 to implement community choice aggregation (CCA), which included approving a resolution authorizing the city’s entry into a Joint Powers Agreement with the cities of Chula Vista, Encinitas, La Mesa…
States Split over Clean Power Plan and Affordable Clean Energy Rule
By Thomas Braun
A coalition of more than 25 states, including Minnesota as of last week, and various cities have petitioned the U.S. Court of Appeals for the District of Columbia for review of the Trump administration’s promulgation of the Affordable Clean Energy…
Ninth Circuit Strikes Down California ReMAT in Winding Creek Solar Case
On July 29, 2019, the Ninth Circuit Court of Appeals affirmed the lower court’s decision in Winding Creek Solar LLC v. Peterman et al., ruling that California’s feed-in tariff for small qualifying facilities (QFs), the Renewable Market Adjusting Tariff (ReMAT),…