The Federal Energy Regulatory Commission (FERC) issued a sweeping Notice of Proposed Rulemaking (NOPR) proposing to dramatically reform its regulations that implement the Public Utility Regulatory Policies Act of 1978 (PURPA).  Continue Reading FERC Proposes Sweeping Changes to PURPA Regulations

The Texas legislature recently passed House Bill 2845 (“HB 2845”) imposing specific requirements on wind energy leases and wind developers’ decommissioning obligations for wind energy projects. While wind leases typically impose obligations on project companies relating to the removal of wind projects, HB 2845 mandates that wind leases must include specific provisions describing such obligations.

Continue Reading New Statutory Requirements for Texas Wind Farm Leases

When beginning a solar project in Texas, developers must be cognizant of the potential conflict between the surface and mineral estates. In Texas, mineral rights can be severed from the surface estate, and when severed, the mineral estate rights are dominant, meaning the mineral estate has the implied right to use as much of the surface, subsurface, and adjacent airspace of the land as is reasonably necessary to locate and develop the mineral estate beneath. This right can cause complications for solar developers if not properly addressed.

This blog post focuses on the preemptive steps a solar developer should take to protect its project from impacts by oil and gas operations.

Continue Reading Texas Solar Energy Projects: Avoiding Mineral Issues

D.C. Circuit Upholds USEPA Decision to Not Require Financial Assurance Under CERCLA for Hardrock Mining

We have previously blogged (in June 2019 and 2017) on a proposed rule released during the final days of the Obama Administration which required hardrock mines to provide financial assurance demonstrating they are able to fund the costs associated with the future cleanup of the mines under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the federal statute designed to address releases of hazardous substances and the cleanup of hazardous waste sites nationwide. In December 2017, the USEPA stated its intention not to issue the final rule, finding that there was no need for any CERCLA financial assurance mechanism for operating hardrock mines based on existing federal and state programs as well as modern mining practices. Several environmental organizations filed suit in the U.S. Court of Appeals for the D.C. Circuit, challenging the USEPA’s decision not to issue the rule. Continue Reading Updates on CERCLA Financial Assurance Requirements for Industry Sectors

The most recent Environmental Protection Agency (“EPA”) Regulatory Agenda shows a further delay for the agency to finally promulgate long-awaited changes to its Chemical Accident Prevention Program, also known as the Risk Management Program (“RMP”).  After Obama made major changes, the Trump EPA delayed them and now seeks to reverse them. Want to understand this complicated saga and learn what to expect? Amy Wachs gives you all you need to know here.

Lawmakers of the 86th Texas Legislature passed several bills in regular session related to storage and cybersecurity, as well as a bill extending the expiration of a Chapter 312 tax abatement program that benefits renewable energy. These energy-related bills passed by the Texas Legislature are discussed below, as are notable bills that failed to gain traction this session.

Continue Reading Bills Related to Storage and Cybersecurity and Other Energy Issues Signed into Law After Close of 86th Texas Legislature’s Regular Session