Energy Law

Carbon Harvest Energy

Posted on November 10, 2009
Carbon Harvest Energy's proposal to turn old landfills into no-waste energy producers has been in the news lately, with stories both in the Burlington Free Press and on Vermont Public Radio. Carbon Harvest Energy will be taking a defunct landfill-based methane facility in Brattleboro and turning it into an active, zero-waste, energy-producing facility...

Standard Offer Docket No. 7533 - Update

Posted on October 21, 2009
Several important updates are provided below on the Vermont Standard Offer program.On October 16th, the PSB issued an Order resolving numerous questions pertaining to how the Standard Offer program will be implemented. One of the key issues ruled upon covers how the SPEED Facilitator is to handle it if applications for projects exceed the limits by energy source provided in the PSB's September 30th Order...

PSB Standard Offer Docket Nos. 7523 & 7533 - Update

Posted on October 05, 2009
On September 30th, the Vermont Public Service Board issued its Order establishing the Standard Offer Program. A copy of the Order can be found here. The copy of the Standard Offer contract can be found here.Here are some key issues resolved by the PSB in the Order:1...

Vermont Public Service Board Establishes Interim Standard Offer Contract Prices; Proposes Schedule For Hearings to Determine Final Contract Prices

Posted on September 24, 2009
On September 15, 2009, the Vermont Public Service Board (?the Board?) issued an Order establishing interim standard offer contract prices for small-scale renewable generators under the SPEED program, as required by the Vermont Renewable Energy and Efficiency Act of 2009 (?the Act?) (the subject of two prior posts)...

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PSB Standard Offer Docket Nos. 7523 & 7533 - Update

Posted on August 19, 2009
The Vermont Public Service Board (PSB) issued an Order yesterday in the Standard Offer docket resolving certain threshold legal issues. The three threshold legal issues were:Issue 1 -Nature of Docket 7533. In response to concerns raised by a participant, the July 15 memorandum requested comments on whether: (a) the process established in the June 29 Order should be altered; (b) Docket 7533 must be a contested case as a matter of law; and (c) even if Docket 7533 does not need to be a contested case, certain procedures associated with contested cases, such as hearings or ex parte rules, must apply to Docket 7533...

U.S. Treasury Department Accepting Applications for ITC Grants

Posted on August 03, 2009
The Treasury Department and the Department of Energy announced on Friday that they are now accepting applications for grants for renewable energy facilities under section 1603 of the American Recovery and Reinvestment Act of 2009 (ARRA). Section 1603 established the grant in lieu of tax credits program, which authorizes the Treasury Department to issue grants to renewable energy facilities that would otherwise qualify for the investment or production tax credit (ITC or PTC)...

$54 Million in ARRA Funds Awarded to Four States for Energy Efficiency and Renewable Energy Projects

Posted on July 29, 2009
The U.S. Department of Energy (DOE) has announced allocations of more than $54 million in funding from the American Recovery and Reinvestment Act to support energy efficiency and renewable energy projects in Nevada, Rhode Island, Vermont, and Wisconsin...

New Study Suggests that Potential For Wind Power May Be Much Higher Than Expected

Posted on July 17, 2009
The New York Times Green, Inc. Blog reports on a new study in the Proceedings of the National Academy of Sciences of the United States, which indicates that much more wind power may be available than previously estimated.Researchers at Harvard University reviewed meteorological wind speed data to evaluate the potential for wind energy production around the world and in the U...

IRS guidance on claiming a payment in lieu of investment tax credits for renewable energy facilities: Update

Posted on July 16, 2009
This is an update on energy provisions in the American Recovery and Reinvestment Act of 2009 (ARRA). In this post, we cover the recently released guidance under Section 1603 of ARRA for converting the credit into a direct payment from the U.S. Treasury...

PSB Standard Offer Docket No. 7523 - Update

Posted on July 08, 2009
As we explained last week, the Vermont Public Service Board (PSB) opened Docket No. 7523 to review the interim "standard offer" contract prices for small scale renewable generators established under the Vermont Renewable Energy and Efficiency Act of 2009 (which was the subject of one of our prior posts)...

More Studies on Green Jobs

Posted on June 25, 2009
Following on the heels of a study from the Pew Charitable Trusts we reported on last week at the Vermont Environmental and Land Use Law blog, two more reports from think tanks and environmental groups suggest that clean-energy investments have the potential to kick-start the economy, employ millions of workers nationwide, especially those at the lower end of the economic scale...

Vermont Public Service Board Opens Docket 7523 to Review Vermont Renewable Energy and Efficiency Act of 2009 Interim Standard Offer Contract Prices

Posted on June 24, 2009
The Vermont Public Service Board (PSB) has opened Docket No. 7523 to review the interim "standard offer" contract prices for small scale renewable generators established under the Vermont Renewable Energy and Efficiency Act of 2009 (which was the subject of one of our prior posts)...

IRS guidance on claiming investment tax credits for wind, biomass, geothermal, and other PTC facilities

Posted on June 09, 2009
The 2009 Stimulus legislation (ARRA) permits owners of PTC facilities, such as wind, biomass, and others, to elect a 30-percent tax credit, based on the cost of the facility, at the time the project is placed in service, rather than the 10-year PTC, which is calculated based on sales of electricity...

Vermont Renewable Energy and Energy Efficiency Act of 2009 to become law

Posted on May 28, 2009
Governor Douglas did not veto the Renewable Energy and Energy Efficiency Act passed by the legislature and so it will become law. We tracked this bill as it worked its way through the House and Senate. According to Renewable Energy Vermont, the statute's components, include:* a standard offer for renewable energy* clarification that thermal energy fits within the purview of the CEDF* regulatory incentives ensuring utilities can recover permitting costs for renewable energy* requirement that ANR reconsider its policy prohibiting wind on State lands* improvements to residential- and commercial-building standards* pilot downtown-community renewable-energy projects in Montpelier and Randolph* clean energy assessment districts that would allow towns, cities, and incorporated villages to use municipal bonds to finance residential renewable-energy or energy-efficiency projects* limitations on the power of municipalities and deeds to prohibit residential installation of renewable-energy and energy-efficiency devices, such as solar panels and residential wind turbinesOne of the more controversial aspects of the statute pertains to the inclusion of a standard offer - setting a minimum price to be paid by consumers for certain renewable energy...

VT announces $22 milion for Renenewable Energy Grants and Loans

Posted on May 14, 2009
Vermont confirmed today that $22 million in additional funds will be available through the American Recovery and Reinvestment Act (ARRA) - also called the stimulus package. The funds will be added to $7 million dollars of State funds available to the Clean Energy Development Fund (CEDF)...

EPA's proposed RFS-2 under fire

Posted on May 07, 2009
Biodiesel manufacturers are lodging concerns against EPA's proposed rules for the Renewables Fuels Standard(RFS-2). The RFS-2 program as enacted by Congress for the first time requires the displacement of petroleum diesel fuel with low carbon renewable fuels...

Financing obstacle to renewable energy becoming next green bubble

Posted on May 01, 2009
NPR aired a story this morning covering the potential for renewable energy to be the next investment bubble. According to NPR, "credit is a problem right now for renewable energy developers" and is one obstacle to there being a "green bubble" in the near future...

EPA Issues Proposed Endangerment Finding for Greenhouse Gas Emissions

Posted on April 22, 2009
On April 17, 2009, the U.S. Environmental Protection Agency (?EPA?) released a proposed finding under Section 202 of the Clean Air Act (42 U.S.C. § 7521(a)(1)) that greenhouse gases in the atmosphere endanger the public health and welfare. The decision implements the Supreme Court?s 2007 decision in Massachusetts v...

Green Bank Act of 2009

Posted on April 20, 2009
On March 24, 2009, Representative Chris Van Hollen (D-MD) introduced H.R.1698, the Green Bank Act of 2009. The proposed legislation seeks to establish the Green Bank, an independent, not-for-profit, tax-exempt corporation, wholly owned by the United States, which will provide financial support for qualified clean energy projects and qualified energy-efficiency projects that are unable to obtain low-priced financing in the private credit markets...

Overview of Funding for Renewable Energy and Energy Efficiency Projects in Vermont via the Federal Stimulus Package

Posted on April 08, 2009
The State of Vermont is slated to receive approximately $48 million from the American Recovery and Reinvestment Act (ARRA) for state programs related to weatherization, energy efficiency, and renewable energy.The Obama administration announced earlier in March that approximately $16 million dollars will be allocated for the Weatherization Assitance Program in Vermont...

Dept. of Interior: Offshore Wind in Focus

Posted on April 06, 2009
U.S. offshore areas hold enormous potential for wind energy development near the nation?s highest areas of electricity demand ? coastal metropolitan centers, according to Secretary of the Interior Ken Salazar. ?More than three-fourths of the nation?s electricity demand comes from coastal states andthe wind potential off the coasts of the lower 48 states actually exceeds our entire U...

Demand for Small Cars & Hybrids Down

Posted on April 03, 2009
These two stories appearing the same day last week in the NYT's caught my attention.The first story describes how, with much hype, Tesla Motors unveiled its "affordable" all electric sedan. Tesla's Model S is expected to cost about $50,000 after tax credits...

Vermont legislative committees advance renewable energy bills

Posted on April 02, 2009
The Associated Press reports this morning that bills promoting renewable energy have advanced in the Vermont House and Senate.One bill, (S. 54) (the House version is H. 161) authorizes municipalities to help finance certain renewable energy and energy efficiency projects...

Overview of Renewable Energy and Energy Efficiency Provisions of the American Recovery and Reinvestment Act of 2009 (ARRA)

Posted on March 05, 2009
ACORE has an short summary of the renewable energy and energy efficiency provisions of the American Recovery and Reinvestment Act of 2009 - otherwise known as the "stimulus bill."The ARRA was signed into law on February 17, 2009. The major programs for renewables in the ARRA include tax incentives, direct spending, and bond and loan guarantee programs...

President Bush Signs Energy Bill into Law; EPA Immeidately Uses New Legislation to Reject California's Clean Air Act Wavier Request

Posted on December 19, 2007
President Bush signed the 2007 federal energy bill into law today. The new legislation will boost fuel economy standards for vehicles and increase renewable fuel production, but is actually a major step backward for the renewable electricity industry, particularly solar and wind...

House Passes Revised Energy Bill; President Bush Expected to Sign Wednesday

Posted on December 18, 2007
The U.S. House approved a revised version of the federal energy bill today on a vote of 314-100. The legislation returned to the House for final approval last week after the Senate dropped key renewable energy provisions from the bill.President Bush is expected to sign the bill into law tomorrow...

Senate Passes Energy Bill; Key Renewable Energy Provisions Axed

Posted on December 14, 2007
The U.S. Senate passed a watered-down version of the federal energy bill yesterday 86-8. Democratic leaders dropped key renewable energy provisions from the legislation after a cloture vote failed by one vote.That move leaves federal support for the renewable energy industry in limbo...

One Vote Short; Senate Fails to Proceed With Federal Energy Bill

Posted on December 13, 2007
The Hill is reporting that the Senate vote to proceed with the energy bill fell short by one vote, 59-40. According to the article, Senate Majority Leader Harry Reid plans to strip out the renewable energy tax package and try to pass the remainder of the bill this afternoon...

U.S. Renewable Energy Use to Double by 2030

Posted on December 13, 2007
The Energy Information Administration (EIA) released its annual long-term U.S. energy forecast yesterday (large pdf). The EIA's new analysis anticipates that renewable energy use will double by 2030. According to the Annual Energy Outlook 2008 Report: The use of renewable technologies for electricity generation is stimulated by improved technology, higher fossil fuel prices, and extension of the tax credits in EPACT2005...

Senate Energy Bill Showdown Expected Tomorrow

Posted on December 12, 2007
According to reports, Senate Democrats plan to press ahead this week with an energy bill that maintains a substantial renewable energy tax package. Democratic leaders have dropped plans for a 15% renewable energy portfolio standard, but believe that they can pass a revised version of the bill which still includes portions of the $21 billion renewable energy tax package passed by the House last week...

Federal Energy Bill Stalls In Senate

Posted on December 07, 2007
The Hill reports:The Senate Friday voted against taking up the energy bill approved by the House earlier this week, making it likely that some provisions in the House bill will have to be stripped in order for Congress to complete a final energy package...

U.S. House Approves 2007 Federal Energy Bill; Senate Cloture Vote Expected Saturday

Posted on December 06, 2007
The U.S. House of Representatives has approved the energy bill (H.R. 6) on a vote of 235-181.The AP reports:The House approved the first increase in federal automobile fuel efficiency requirements in three decades Thursday as part of an energy bill that also repeals billions of dollars oil company tax breaks and encourages use of renewable fuels...

House Floor Debate on Energy Bill

Posted on December 05, 2007
The House is currently debating the new version of the energy bill (H.R. 6). Check out CSPAN for live coverage of the debate.Speaker Nancy Pelosi says the bill "will be a shot heard round the world for energy independence for our country."Renewable Energy Access has a good article on the current bill by Scott Sklar, of the Stella Group, Ltd...

House Dems Push for RPS and Renewable Energy Tax Package; Energy Bill Showdown Expected in Senate; Veto Looms

Posted on December 05, 2007
It's time to install wind turbines in the halls of Congress; you could power several thousand homes with the hot air blowing out of Washington this week on the federal energy bill, and things are only starting to heat-up.Just when it looked like the House had abandoned plans for a federal renewable portfolio standard (RPS) and an important renewable energy tax package, Speaker Nancy Pelosi announced that both measures will be included in the final bill...

Federal Energy Bill Negotiations Continue; Fate of Renewable Energy Provisions Uncertain

Posted on November 29, 2007
The Wall Street Journal reported late last week that chances for a comprehensive federal energy bill are improving (subscription required). Congressional negotiations over the compromise legislation continue, with renewed interest in federal fuel economy standards sparked by rising oil prices...

Google's New Goal: Renewable Energy Cheaper Than Coal

Posted on November 28, 2007
The Washington Post reports on Google's new renewable energy R&D efforts:Google Inc (GOOG.O) said on Tuesday it plans to spend hundreds of millions of dollars to help drive down the cost of electricity made from renewable energy below the price of coal...

Federal Energy Bill in Legislative Limbo

Posted on November 14, 2007
The New York Times editorial this morning asks: Where?s That Energy Bill?Two months ago, Washington was filled with hope that Congress would produce an energy bill that would begin to address the two great challenges of oil dependency and climate change...

Stage Set for Conference Committee Negotiations on Federal Energy Legislation

Posted on October 05, 2007
Congressional staffers have started preliminary talks in an effort to reconcile the separate energy bills passed by the House and Senate this summer. The discussions set the stage for conference committee negotiations later this fall, with the goal of producing a final federal energy bill before the end of the year...

DOE Announces Final Rule for Advanced Energy Technology Loan Guarantee Program

Posted on October 05, 2007
The US Department of Energy (DOE) announced yesterday that is has published final rules for the Advanced Energy Technology loan guarantee program authorized by Title XVII of the Energy Policy Act of 2005 (EPAct). The loan guarantee program is designed to stimulate investment in and development of clean energy technologies...

House Committee on Energy Publishes White Paper on Climate Change Legislation Policy Options

Posted on October 03, 2007
The House Committee on Energy has released the first of several planned white papers on potential climate change legislation. The Committee's first white paper provides background information on the potential scope of a national carbon cap-and-trade program...

Wired Magazine on the Future of Cellulosic Ethanol

Posted on October 02, 2007
This month's cover story in Wired magazine focuses the growing cellulosic ethanol industry. The article provides a nice background on the basic chemistry of producing ethanol from plant cellulose and looks at the technical challenges facing the industry...

Climate Week: Review of U.S. State Department & U.N. Climate Change Meetings

Posted on October 01, 2007
On E&E TV today Eileen Claussen of the Pew Center on Global Climate Change discusses last week's dueling climate change meetings, one hosted by the U.S. State Department and the other by the U.N.

Wind Energy On Demand? A Closer Look at Compressed Air Energy Storage

Posted on September 30, 2007
David Marcus, of General Compression, discusses the benefits of compressed air energy storage systems (CAES) over at Renewable Energy Access.com. The technology is designed to store wind energy by using electricity generated during periods of high wind speeds and low electricity demand to pressurize air in storage tanks...

Renewable Energy News for June 29, 2007

Posted on June 29, 2007
New Report on Opportunities in the "Low Carbon Economy": The Climate Group has just published a new report on the boom of businesses in the new "low-carbon economy." The report - In the Black, The Growth of the Low-Carbon Economy (zip file) - covers "the rapid growth experienced by companies providing innovative low carbon products and services...

Renewable Energy News for June 28, 2007

Posted on June 27, 2007
Full Text of Final U.S. Senate Energy Bill Available: The U.S. Senate Committee on Energy and Natural Resources has released the final text of the Senate energy bill, H.R. 6 (large pdf) as amended and passed by the Senate last week (via BlueClimate). Yesterday E & E TV aired a panel discussion of the Senate energy legislation and its prospects in the House...

Renewable Energy News for June 27, 2007

Posted on June 26, 2007
How Does the U.S. Ocean Energy Industry Compare with the Rest of the World? Carolyn Elefant, author of the Offshore Renewable Energy Law Blog, and Sean O'Neill, co-founder of the Ocean Renewable Energy Coalition, discuss the state of the U.S. ocean energy sector in an article posted on renewableenergyaccess...

Renewable Energy News for June 26, 2007

Posted on June 26, 2007
A Closer Look at the Renewable Energy and Energy Conservation Tax Act of 2007 (H.R. 2776): U.S. House Ways and Means Committee recently reported H.R. 2776 out of committee on a 24 to 16 vote. The committee markup summary reviews the key provisions of the tax bill, which include, among other things, a long-term an extension of the production tax credit (PTC) for renewable energy sources to 2012, an expansion of the clean renewable energy bond (CREB) program, a long-term extension of the solar energy and fuel cell property credit to 2016, and an expansion of the residential energy-efficiency property program...

Renewable Energy News For June 25, 2007

Posted on June 25, 2007
Which Climate Change Policies do Americans Support?: E & E TV reports on a study conducted by New Scientist magazine, Stanford University, and Resources for the Future that takes a look at which climate policies Americans will likely support when costs are taken into account...

U.S. Senate Passes Clean Energy Act

Posted on June 22, 2007
Late last night the U.S. Senate passed a version of the Clean Energy Act on a 65-27 vote, but key provisions of the bill didn't make the final cut. The bill does include an 40% increase in average fuel economy standards from 25 to 35 mpg by 2020, but the Senate did not include a national renewable portfolio standard in the legislation, and an amendment which would have provided $32 billion in tax incentives for renewable energy sources was blocked...