By Donald T. Ross

A critical component of the American Recovery and Reinvestment Tax Act of 2009 (a.k.a. the Stimulus) is the Department of Treasury’s (“Treasury”) Payments for Specified Energy in Lieu of Tax Credits.  Rather than claim a tax credit based on placing certain specified energy property in service, applicants receive a cash grant directly from the United States Treasury during the year in which the property is placed in service.  As with most targeted government incentives, the devil is in the details, particularly as to the timing of the project. Continue Reading Stimulus Grants for Renewable Energy Projects: How to Make Sure Your Project Qualifies

By Susan Marriott

The U.S. Senate’s recent vote to repeal $5.4 billion worth of ethanol subsidies indicates an uncertain future for many renewable energy incentives.  In fact, the current climate in Congress appears generally hostile towards subsidies for any energy sector, with Democrats calling on Republicans to cut oil and gas subsidies and Republicans calling for the elimination of renewable energy subsidies.  With renewable energy subsidies on the table as part of ongoing deficit-reduction negotiations, Congress will need to consider other policy options and tools if, after losing significant subsidy support, renewable energy is going to be able to compete economically with fossil fuels. Continue Reading A Post-Tax Credit “Incentive” for Renewable Energy Development

New York has been all over the map recently regarding development of Marcellus formation natural gas.  Over the last several weeks there have been legislative proposals to extend a State-wide moratorium on the development of the Marcellus Formation via hydrofracking.  There have also been proposals to define “all” hydrofracking wastes as hazardous wastes.  Others have been pushing to start development of the Marcellus formation, and for an end to a moratorium on that development. Continue Reading New York Moves Its Marcellus Play Forward

Offshore wind has the potential to play an important and unique role in the US renewable energy supply.  Whether it is off of the Atlantic, Pacific or Gulf Coasts or in the Great Lakes, a significant wind resource may, unlike many upland projects, be proximate to many significant load centers.  The May/June edition of North American Clean Energy contains an article I wrote regarding some of the work we need to do to move forward with a robust offshore wind industry.  I encourage you to read “The Siting Process for Offshore Wind: Are Environmental & Visual Impacts Stalling the Process?”.  The active, thoughtful participation by all offshore wind stakeholders in the siting process is vital to the sustainable, large-scale development of this clean energy resource.

A key input into increased development of renewable energy projects in the U.S. is, and will continue to be, driven by U.S. EPA’s efforts to regulate greenhouse gasses (“GHG”).  The nature and scope of GHG regulation, and Congress’ role in that effort, will be a material input into the renewable energy market.  I encourage you to read an article authored by Susan Marriott and me, entitled “‘Tailoring’ of the Environmental Protection Agency’s Greenhouse Gas Agenda” in the April 2011 edition of The Metropolitan Corporate Counsel. This article discusses the ongoing saga of efforts to regulate GHG’s, and the potential impacts to renewable energy in the U.S.

By Susan Marriott

The House of Representatives has set its sights on limiting the Environmental Protection Agency’s (EPA) authority to enforce several environmental laws in this country.  For example, the House voted last week to strip the EPA of all authority to regulate greenhouse gases.  Such a measure is unlikely to pass the Senate and the president has indicated he would veto such a bill; however, the House is seeking leverage to prevent regulation of greenhouse gas emissions. Continue Reading Counting Jobs at the EPA

By Susan Marriott

Electricity production from renewable sources, such as wind, solar or biomass, offers an opportunity not just to reduce dependence on domestic or imported fossil fuels, but can also be a driver for creating new manufacturing opportunities for small businesses in the renewable energy supply chain. Continue Reading Erie County: Tilting at Offshore Windmills?

On January 19th U.S. Energy Secretary Steven Chu announced a new initiative to promote tribal renewable energy development. According to the DOE’s announcement, up to $10 million will be made available through DOE’s Tribal Energy Program to support, among other things, renewable energy projects on tribal lands. Continue Reading Renewable Energy and Tribal Nations

On January 18, 2011 President Obama signed an Executive Order to improve federal regulation as well as review existing regulations that may be outmoded or ineffective.

The Order, among other things, looks to coordinate regulation across agencies, reduce duplicative or overlapping regulations, and to foster increased participation by industry, experts and other stakeholders in the regulatory process. Continue Reading Will Obama’s Regulatory Review Order Help Renewables?

As recently reported on energybiz.com, the GOP’s energy plan may be coming into focus as it relates to renewables. Rep. David Nunes (R-CA) has proposed new legislation called The Roadmap for America’s Energy Future. As it relates to renewable energy, Rep. Nunes states that this bill would generate billions of dollars of new lease and royalty proceeds from increased near-term development of domestic fossil fuel resources, and place them in a trust fund that “will be used to secure the long-term energy needs of our country through the deployment of affordable renewable and alternative energy options” and will result in “unprecedented investments in new forms of energy – the largest investment in renewable energy in world history”. Continue Reading Evolving GOP Renewables Policy