Archives: Renewables

Subscribe to Renewables RSS Feed

Windstream v. Canada: How Regulatory Winds of Change Affected a Clean Energy Project

A recently-published NAFTA arbitration award in Windstream Energy LLC v. Government of Canada illustrates the perils of investing in clean energy projects in jurisdictions with ever evolving regulatory and policy frameworks.  The case is also a good reminder of the importance of investing in foreign jurisdictions through vehicles incorporated in countries that have adequate investment-protection … Continue Reading

New Administration’s “America First Energy Plan” Touts Fossil Energy Production; Omits Plans for Electricity Sector

As expected, with the inauguration of President Trump all Obama Administration content on the White House website has been replaced with content of the new Administration. The new content includes “An America First Energy Plan”, the entire focus of which is national security and job creation benefits of the Administration’s “embrace” and promotion of greater … Continue Reading

Watching for Initiatives from the Trump Administration and Congress Affecting the Power Sector

The Trump Administration will take office intent on reversing many Obama Administration policies. Although the Trump Administration’s publicly released 100-day plan does not announce a new energy policy, campaign promises and priorities of the Republican-controlled Congress suggest a number of early initiatives that will impact the power sector.  Moreover, the Trump transition team for the Department … Continue Reading

Grid of the Future: Opportunities, Challenges, and Solutions in Corporate Energy Procurement

Fundamental changes in the way that the electric utility and power sector operates, interacts with customers, and relates to its regulators are occurring on a massive scale and at an unprecedented pace. Covington is committed to exploring these transformations affecting the power sector, helping our clients to understand and navigate the changes, and fostering collaborations … Continue Reading

DECC Announces Early Closure of UK Renewables Obligation

In our three-part series published last week, we outlined the possibility of the UK Government closing the Renewables Obligation (“RO”) scheme to new onshore wind generating stations in 2016, a year earlier than expected. On 18 June 2015, the UK Department for Energy & Climate Change (“DECC”) formally announced the UK Government’s intention to close … Continue Reading

The Uncertain Future of the UK Renewables Obligation: A Three-Part Series

In early June 2015, the UK Department for Energy & Climate Change (“DECC”) was expected to announce plans to close the existing subsidy scheme for onshore wind, the Renewables Obligation (“RO”), to new generating capacity a year earlier than expected. This announcement has been delayed amid concerns that it could spark potential legal challenges from … Continue Reading

The Uncertain Future of the UK Renewables Obligation: A Three-Part Series

In early June 2015, the UK Department for Energy & Climate Change (“DECC”) was expected to announce plans to close the existing subsidy scheme for onshore wind, the Renewables Obligation (“RO”), to new generating capacity a year earlier than expected. This announcement has been delayed amid concerns that it could spark potential legal challenges from … Continue Reading

The Uncertain Future of the UK Renewables Obligation: A Three-Part Series

In early June 2015, the UK Department for Energy & Climate Change (“DECC”) was expected to announce plans to close the existing subsidy scheme for onshore wind, the Renewables Obligation (“RO”), to new generating capacity a year earlier than expected. This announcement has been delayed amid concerns that it could spark potential legal challenges from … Continue Reading

The Impact of Distributed Generation On Electric Utilities: How Big, How Likely and How Soon?

Technological advances in distributed generation and battery storage and their consequent falling costs have the potential to significantly change the electric utility business model and regulatory policies.  While change seems likely, there are varying views on its scope, probability and timing.  Two are presented here. One perspective is that fundamental changes in the way electricity … Continue Reading

DLA Energy Issues Solicitation for New, Large-Scale Renewable Energy Generation Project

On October 17, 2014, the Defense Logistics Agency (DLA) Energy issued a solicitation for proposals to construct and operate a large-scale renewable energy project at Fort Hood in Texas, the U.S. military’s largest active duty armored post.  The Fort Hood project is part of the efforts of the Army Office of Energy Initiatives (OEI), which … Continue Reading

EU Court Allows Discriminatory Green Energy Support Schemes

David Haughan, Stagiarie, Summer 2014, contributed to this post.  Mr. Haughan was a legal trainee at the Brussels office of Covington and Burling LLP during the Summer of 2014.  David studies at King’s College, London. In a landmark decision (CJEU, C-573/12, Ålands Vindkraft AB v. Energimyndigheten) the Court of Justice of the European Union ruled … Continue Reading

Federal Court Upholds Colorado Renewable Energy Portfolio Law

A Colorado federal district court Friday rejected a constitutional challenge to the state’s renewable energy portfolio law, concluding that it did not impose an impermissible burden on interstate commerce. Thirty states and the District of Columbia have enacted renewable portfolio standards, which typically require that a specified percentage of energy supplied by state utilities derive from … Continue Reading

MiFID II: Impact on the Energy Sector

In 2011, the European Commission put forward sweeping proposals to amend and extend the European Union’s Markets in Financial Instruments Directive (MiFID).  The proposals have been approved in April 2014, after intense discussions between the European Commission, Council of the European Union, and the European Parliament.  The new legislation includes a directive (MiFID) and a … Continue Reading

EPA Issues Direct Final Rule To Revise 2013 Cellulosic Biofuel Renewable Fuel Standard

On April 22, EPA issued a direct final rule to revise the 2013 cellulosic biofuel renewable fuel standard (“RFS”) that it had originally issued on August 15, 2013.  The new rule reduces the cellulosic biofuel RFS to 0.0005%, which reflects the number of cellulosic biofuel renewable identifications numbers (“RINs”) that were actually produced and available … Continue Reading

DOE Issues Draft Solicitation to Provide $4 Billion in Financial Assistance for Clean Energy Technology

The Department of Energy (“DOE”) issued a draft solicitation yesterday for a new Renewable Energy and Energy Efficient Projects Loan Guarantee Program.  Once finalized, the Program is expected to make as much as $4 billion in loan guarantees available to innovative clean energy technology projects that are not currently in commercial use.  Based on DOE’s … Continue Reading

CleanEquity Monaco Recognizes Three Innovative Energy and Environmental Technology Companies

On March 28, His Serene Highness, Prince Albert II of Monaco bestowed innovation awards for excellence in the field of environmental technology to three emerging technology companies — Mango Materials, Frigesco, and One Earth Designs — out of a field of 22 companies from 11 countries that participated in the annual three-day CleanEquity Monaco conference … Continue Reading

Changes Coming to Petition Process for Approval of New Renewable Fuels Pathways

This month, the EPA announced that it is improving the petition process for obtaining approval of new renewable fuel pathways.  When the initial pathways were approved, there was recognition that a process must be in place to evaluate improvements in existing processes and entirely new pathways.  The Renewable Fuel Standard regulations specify the existing approved … Continue Reading

Army Adds 20 Contractors to its $7 Billion MATOC Program

Earlier today, the U.S. Army’s Energy Initiatives Task Force announced that 20 new contractors have been awarded Multiple Award Task Order Contracts (“MATOCs”) for future renewable energy development projects at Department of Defense (“DoD”) installations.  These contract awards by the Army Corps of Engineers are part of the Corps’ $7 billion “Renewable and Alternative Energy Power … Continue Reading

President Obama’s State of the Union Continues a Central Focus on Energy and the Environment

Tonight’s State of the Union highlighted that energy and environmental issues will continue to play a central role in the Washington agenda over the next year.  From the President’s early reference to workers building fuel efficient cars, to his extensive discussion of next steps on energy and the environment, it is clear that the President … Continue Reading

Law360 Names Covington “Energy Practice Group of the Year”

Here at Inside Energy & Environment we are honored to share that Law360 has named Covington’s energy practice as a 2013 “Energy Practice Group of the Year.”  In giving this award, Law360 recognized the breadth of Covington’s practice capabilities (including litigation, transactions, regulatory and government policy) in both the traditional energy and clean energy sectors, … Continue Reading

FERC Approves CAISO Rule Change Designed to Avoid “Over Generation” Problems

FERC recently approved the California ISO’s (CAISO) proposal to lower a bidding floor to more efficiently address a growing “over generation” problem due in part to increasing “variable energy” (i.e., typically renewable) resources.  A bit of background is needed to understand the problem and the solution. CAISO operates two bid-based energy spot markets to secure … Continue Reading
LexBlog