Tag Archives: Renewable Energy

Acquisitions of Renewable Energy Projects Exempt Under HSR Act Could Require 60-Day Waiting Period Under Proposed New York Law

A recent post on Foley Hoag’s State AG blog about New York’s proposed pre-merger notification legislation details the potential new notification requirement, but we wanted to dive a little deeper into the impact the proposed legislation could have on transactions in the energy industry.

Summary of Legislation

If it passes the 21st Century Antitrust Act would create a new premerger notification requirement unlike anything that currently exists in New York and broader than any requirement in any other state.… More

BOEM Announces Upcoming Wind Energy Lease Auction in the New York Bight; New York’s Next Offshore Wind Solicitation to Follow

Today, January 12, 2022, the Bureau of Ocean Energy Management (BOEM) announced that on February 23, 2022 it will hold a wind energy lease auction for six areas in the New York Bight (NY Bight), the coastal area between Long Island and the New Jersey coast. BOEM’s issuance of the Final Sale Notice (FSN) for the wind energy lease areas comes just days after New York State Governor Kathy Hochul announced in her State of the State address that the New York State Energy Research and Development Authority (NYSERDA) will issue its next offshore wind solicitation following BOEM’s lease sale in the NY Bight.… More

New York Climate Action Council Approves Draft Scoping Plan to Achieve the Climate Leadership and Community Protection Act’s Greenhouse Gas Emissions Reductions

On December 20, 2021, the Climate Action Council (“Council”) approved the release for public comment of its draft Scoping Plan, which describes how New York can achieve the requirements of the Climate Leadership and Community Protection Act (“CLCPA” or “Climate Act”): 70% renewable electricity consumption by 2030, 100% zero-emission electricity consumption by 2040, a 40% reduction in statewide greenhouse gas (GHG) emissions by 2030, an 85% reduction in statewide GHG emissions by 2050,… More

New York Public Service Commission Sends Utilities’ Transmission Planning Proposals Back to the Drawing Board

As the Federal Energy Regulatory Commission (“FERC”) solicits comments regarding fundamental changes to its regulation of the country’s electricity transmission systems; as the temperature rises in New York State regarding transmission system upgrades needed to accommodate the enormous required influx of renewable electricity both from offshore wind and from upstate sources to downstate need; and after the Legislature required in the spring of 2020 that the New York State Public Service Commission (PSC) order the state’s regulated utilities to reimagine its transmission system,… More

Local Communities and Environmental Groups Bring Challenge to the New York State Office of Renewable Energy Siting’s Regulations for Siting and Permitting Major Renewable Energy Facilities

On June 29, 2021, a cohort of New York local governments (including many where large-scale solar projects are currently proposed), community organizations, and avian interest groups filed a lawsuit in the New York State Supreme Court (the State’s trial-level court) against the Office of Renewable Energy Siting (“ORES”).  ORES is required to respond to the allegations no later than 30 days from receipt.

The ORES was created under the Accelerated Renewable Energy Growth and Community Benefit Act,… More

New York Updates Distributed Energy Tariff and Sets Course for Further Deliberation

Hours before a technical conference on potential future pathways for solar development in New York State, the New York State Department of Public Service (“DPS”) unexpectedly updated the Environmental Value (“E-Value”) component of State’s Value of Distributed Energy Resources (“VDER”) Tariff “Value Stack.” However, the update was not the one advocated for by the solar industry based upon the December 2020 cost of carbon guidance from the State’s Department of Environmental Conservation (“DEC”),… More

Federal Offshore Wind Plan Boosts State Efforts in Massachusetts

As President Biden announces his blueprint for expanding the use of offshore wind (OSW) power, Massachusetts hopes to become an industry hub. Those plans will certainly be facilitated by the new federal OSW policies.

On March 29, the Biden administration published a major plan to mobilize offshore wind development, particularly along the East Coast. The plan aims to construct 30,000 megawatts of OSW generation by 2030,… More

Major Climate Bill Recommits Massachusetts to Climate Goals

On January 4th, as the legislative session came to a close, both houses of the Massachusetts legislature passed “An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy.”  My colleague, Seth Jaffe, posted on the act yesterday, when the details of the bill first came out, focusing on the climate and economic impacts.  There is no doubt that this act will significantly shape Massachusetts’s path towards a net-zero future.… More

D.C. Circuit Decision Upholds Access to Wholesale Markets for Energy Storage Resources, but Will More Litigation Follow?

On July 10, 2020, the D.C. Circuit upheld FERC Order 841, the landmark order requiring wholesale markets to allow participation by energy storage resources.  Challengers had contended that by prohibiting states from barring energy storage resources on the distribution system from participating in wholesale markets, FERC had exceeded its jurisdiction and infringed on state authority.

The D.C. Circuit rejected those claims. … More

Preserve Retail Competition

Proposals to eliminate competition in retail electric supply to consumers are in the air. A consultant to the Massachusetts attorney general has just published an update to a report of last year asserting that retail competition has led to nothing but losses. The report coincides with the recent filing of lawsuits alleging that competitive suppliers are committing fraud or engaged in unfair and deceptive practices because agreed prices were higher than the cost of default service.… More