News & Analysis as of

Infrastructure Energy Projects State and Local Government

Foley Hoag LLP - Energy & Climate Counsel

NEPOOL Set to Approve New Long-Term Transmission Planning Process for New England

As soon as tomorrow (Thursday, April 4, 2024), New England could have a new long-term transmission planning process—and one that puts the states in the driver’s seat. The New England Power Pool (“NEPOOL”) Transmission...more

Pullman & Comley, LLC

DEEP Issues Draft Guidance on Siting Solar Projects on Agricultural Lands: Virtual Public Meeting on August 16; Written Comments...

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In July of 2023, the Connecticut Department of Energy and Environmental Protection (DEEP) released Draft Guidance through its Sustainable, Transparent, and Efficient Practices (STEPS) for Solar Development public engagement...more

Dickinson Wright

Ohio Supreme Court Unanimously Affirms Siting Board Certificate for New Wind Farm

Dickinson Wright on

Emerson Creek project in Huron and Erie Counties Now Expected to Move to Construction - On July 27, 2023, the Supreme Court of Ohio, in a 7-0 decision, affirmed the Ohio Power Siting Board (“Board”)’s decision to issue a...more

Pullman & Comley, LLC

Effective Immediately, Connecticut Siting Council Requires Photographic Documentation

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Effective immediately, the Connecticut Siting Council requests all Exempt Modification, Tower Share, Declaratory Ruling, including sub-petitions,* and Development and Management Plan completion of construction notices include...more

Perkins Coie

Biden Administration Continues Offshore Wind Momentum With Ninth Lease Sale

Perkins Coie on

The Bureau of Ocean Energy Management (BOEM) released its final sale notice (FSN) for two lease areas totaling 110,091 acres in the Carolina Long Bay Area on March 25, 2022. The auction for these lease areas will be held...more

Perkins Coie

Government Moves to Dismiss Case Challenging New York Bight Wind Energy Area Designations

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New York Bight Lease Sale Under Attack - A New Jersey-based nonprofit organization, Save Long Beach Island, and its president sued in the U.S. District Court for the District of Columbia in January 2022. They are asserting...more

Mayer Brown

Governors of Nine East Coast States Send Offshore Wind Letter to Biden Administration

Mayer Brown on

In a letter dated June 4, 2021, the governors of Connecticut, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Virginia commended the Biden administration for its recently announced...more

Morgan Lewis - Power & Pipes

Massachusetts Kicks Off Third Offshore Wind Solicitation

Three Massachusetts utilities, in coordination with the Massachusetts Department of Energy Resources (DOER), issued a request for proposals on May 7, 2021 seeking bids for offshore wind projects. The utilities are seeking to...more

Cozen O'Connor

New Jersey’s First in the Nation State Environmental Justice Law

Cozen O'Connor on

On September 18, 2020, New Jersey Governor Phil Murphy signed Senate Bill 232 into law requiring the New Jersey Department of Environmental Protection (NJDEP) “to evaluate the environmental and public health impacts of...more

Cozen O'Connor

NJBPU Approves Year 2 Application Process for Community Solar Energy Pilot Program

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In developments of interest to New Jersey electric utilities, solar developers, subscriber organizations, and eligible consumers, on October 2, 2020, the New Jersey Board of Public Utilities (NJBPU) moved forward with New...more

Farrell Fritz, P.C.

A Win for Wind Power: Court Affirms Decision to Forgo Supplemental SEQRA Review of 600-Foot Wind Turbines

Farrell Fritz, P.C. on

The controversy in Matter of McGraw v Town Board of Town of Villenova (4th Dept Docket No CA 19-01362, Aug. 20, 2020) arose from the environmental review conducted on a proposed wind farm in upstate New York. The developer of...more

Cozen O'Connor

U.S. Offshore Wind Keeps Spinning in July — Legislative Update

Cozen O'Connor on

While offshore wind has been on the radar for many years in the United States, there has been a palpable surge in the momentum behind the industry over the past several months....more

Pierce Atwood LLP

First Circuit Vacates Air Permit: Natural Gas Pricing and Supply in New England Potentially Impacted

Pierce Atwood LLP on

The U.S. Court of Appeals for the First Circuit recently vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by Algonquin...more

Morgan Lewis

New Jersey Enacts Bill Authorizing Solicitation of Open Access Transmission Facilities

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In November 2019, New Jersey Governor Phil Murphy issued Executive Order 92 increasing the state’s offshore wind generation goal from 3,500 MW by 2030 to 7,500 MW by 2035....more

Nossaman LLP

University of Iowa Vows to Go Green with its Utility Public-Private Partnership

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The University of Iowa has entered into a 50-year utility public-private partnership (P3), engaging a private partner to operate, maintain, optimize, and improve the University’s existing utility system and help the...more

Farrell Fritz, P.C.

Standoff Between National Grid and New York State Over Gas Pipeline is Impacting Homeowners and Businesses

Farrell Fritz, P.C. on

In May 2019, National Grid – the utility company that provides natural gas to approximately 1.8 million customers in Brooklyn, Queens, Staten Island and Long Island – announced a moratorium on the processing of applications...more

BCLP

Major Limitation on Scope to Vary Planning Permissions

BCLP on

The recent Court of Appeal decision in Finney v Welsh Ministers [2019] (All ER (D) 51 (Nov))  provides definitive authority on the inability to use section 73 to amend the description of a development on a planning...more

Bricker Graydon LLP

Ohio Supreme Court decision addresses certificate amendments and setback waivers for wind projects

Bricker Graydon LLP on

On June 20, 2019, the Ohio Supreme Court held that the Ohio Power Siting Board’s (OPSB) approval of new wind turbine models was not an “amendment” of the certificate filed by Greenwich Windpark, L.L.C. (Greenwich) and did not...more

Bilzin Sumberg

Energy, Power, and the P3 Delivery Model

Bilzin Sumberg on

We previously wrote about whether and how public-private partnerships (P3s) could be the answer to U.S. infrastructure issues and the many ways in which the P3 delivery model provides unique value. While P3s are used in a...more

Orrick, Herrington & Sutcliffe LLP

Carbon Capture and Sequestration: Incentives Update

Section 45Q Tax Credits Internal Revenue Code Section 45Q provides a tax credit for the sequestration or use of qualified carbon oxides (“COx”), including CO2. Although Section 45Q was enacted in 2008, there was uncertainty...more

Pillsbury Winthrop Shaw Pittman LLP

Unleashing the Potential of Offshore Wind

The next revolution in global energy production may be one you have to squint to see. Over the last several years, large-scale deployment of offshore wind has emerged as a significant resource. This acceleration is spurred...more

Pierce Atwood LLP

Connecticut To Issue New RFP For Zero-Carbon Electricity Generation: Bids Due September 2018

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The Connecticut Department of Energy and Environmental Protection (DEEP) has initiated a regulatory proceeding in which it will issue at least one request for proposals (RFP) for eligible nuclear, hydropower, Class I...more

Holland & Knight LLP

Missouri PSC rejection of Grain Belt Express line exemplifies the regulatory uncertainty in getting a proposed project to market

Holland & Knight LLP on

Since the presidential election last year, there has been lots of discussion about the need to make regulatory reviews of infrastructure projects more modern and efficient. President Trump has called for federal regulatory...more

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