A Few Reminders About Venue
Whether initiating litigation or defending against a recently filed suit, venue needs to be front of mind. Venue issues have been a popular topic recently as parties have attempted to seek out venues...
View ArticleThe Critical Minerals Supply Chain: A Growing Challenge for the U.S.
The global transition to clean energy is accelerating. Belatedly, attention is starting to move to mineral sourcing, particularly whether the necessary critical minerals will be available in the...
View ArticleDOL Attempts to Expand Prevailing Wage Authority to All “Development Statutes”
Developers of renewable energy projects generally haven’t concerned themselves with the Davis-Bacon Act, the Great Depression-era federal law that mandates the paying of prevailing wages to laborers on...
View ArticleSecond Circuit Maintains Key Distinctions Between Term Loans and Securities,...
Last month, we reported how a key component of project finance—syndicated term loans—was the subject of a crucial case being heard in the U.S. Court of Appeals for the Second Circuit. In Kirschner v....
View ArticleFERC Introduces New Interconnection Rule to Address Queue Issues
Earlier this summer, the Federal Energy Regulatory Commission (FERC) introduced a groundbreaking order—Order No. 2023—aimed at reforming the generator interconnection process in response to the...
View ArticleU.S. Electrical Grid and Renewables – Vulnerability to Cyber Attacks
As discussed previously in this blog, physical attacks against substations have been on the rise. However, the U.S. power grid[1] is also vulnerable to cyberattacks from U.S. adversaries, which...
View ArticleConstruction Stormwater Permitting in Virginia
Virginia developers take note: changes to the Virginia stormwater construction permitting program have been made over the last few years, and more changes are expected in upcoming months. While...
View ArticleMissouri Solar Developers Without Clear Direction on Property Tax Abatement...
This blog post is the second part of a series on incentives available to Missouri solar developers in the wake of Johnson v. Springfield Solar 1, LLC, 648 S.W.3d 101 (Mo. 2022). For part one on...
View ArticleClean Energy Tax Credit Transfers Inch Toward Reality
Among the benefits afforded the renewable energy sector by the Inflation Reduction Act of 2022, the ability to monetize 11 new or expanded clean energy tax credits via direct transfer was especially...
View ArticleNotice of Proposed Rulemaking – ITC and Qualified Biogas Property
On November 17, 2023, the U.S. Department of the Treasury issued a Notice of Proposed Rulemaking (the “NPRM”) with respect to Proposed Regulations under section 48 of the Internal Revenue Code of 1986...
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What Is a Functional Food or Functional Beverage?
Consumers’ increasing awareness of the advantages of nutrient-rich foods has prompted global food and beverage companies to begin enhancing their products with nutritional additives, leading to the...
View ArticleEPA’s e-RIN Program Stalls
The U.S. Environmental Protection Agency (“EPA”), which administers the federal renewable fuels program known as the Renewable Fuel Standards (“RFS”), has been grappling with the best approach to...
View ArticleProposed Inflation Reduction Act Regulations Exclude Biogas Upgrading Equipment
The Inflation Reduction Act’s broad tax incentives for certain investments in renewable energy sparked a flood of capital investment, hastening the development of clean energy infrastructure...
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Agricultural Land and Foreign Investment
Developers of renewable energy projects, many of which are built on agricultural land, should understand local laws and restrictions on foreign ownership and investment in these parcels. Roughly half...
View ArticleCommon Ground: Agrivoltaics Provide Mutual Benefits to Developers and Farmers
Solar energy and agricultural production often find themselves competitors. Both have strong incentives to expand, and they share a key input: land. Solar developers continue ramping up solar...
View ArticleCARB Proposes New Emissions Reduction Rule
On December 19, 2023, the California Air Resources Board (“CARB”), which administers the California Low Carbon Fuel Standard (“LCFS”), released a rulemaking package (“Draft Rule”) describing proposed...
View ArticleA Survey Of Texas Electric System Legislative Implementation
The Texas Legislature, primarily responding to the unprecedented ERCOT system load shed event during 2021’s Winter Storm Uri, enacted far-reaching system and wholesale market reforms during its 2021...
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Will FTC’s New Endorsement Guidelines Dent Usage of Social Media Influencers...
In May 2022, when the Federal Trade Commission (FTC) proposed updates to its Guides Concerning Use of Endorsements and Testimonials in Advertising (Guides), it had been 13 years since the Guides were...
View ArticleCaffeine’s Wake-Up Call: Navigating Legal Risks for Highly Caffeinated...
In the bustling landscape of consumer goods, caffeinated beverages stand out as a daily staple for millions of Americans. A recent shift towards “clean caffeine” and caffeine alternatives has further...
View ArticleMurky Waters: Making Sense of the Food Security Act’s Swampbuster Program and...
Although colder weather makes spring construction seem far away, farmers and landowners would be wise to assess permitting and in-field environmental studies ahead of spring planting needs. An...
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