In a move to provide relief for taxpayers developing renewable energy projects and producing electricity from sources such as wind, biomass, geothermal, landfill gas, trash, and hydropower, the IRS has issued Notice 2020-41 which adds an extra year to the four year “Continuity Safe Harbor” for certain projects that began construction in 2016 or 2017.
Continue Reading IRS Extends Continuity Safe Harbor from 4 to 5 years.

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

By the time the March 8, 2019 bill filing deadline for the 86th Texas Legislature passed, many bills concerning the electric industry had been filed. Storage, cybersecurity of the electric grid, and capital project tax abatements are among the energy issues Texas lawmakers are considering. This reviews the major filed bills before the current Texas Legislature.

Continue Reading 86th Texas Legislature to Consider Bills Concerning Cybersecurity and Storage, Among Other Electric Industry Issues

The Renewable Fuels Association National Ethanol Conference (NEC) concluded on February 13. During the last few quarters, ethanol margins have been at the lowest levels in many years resulting in reduced production and the permanent closure of some plants. A number of plants are seeking buyers. In this climate, the focus of the NEC was on the future of the industry. Here are some key points gleaned from multiple conference presentations.
Continue Reading Insights from the 2019 Renewable Fuels Association National Ethanol Conference

Members of Husch Blackwell’s renewable energy team attended the 2019 Infocast Wind Power Finance & Investment Summit in Carlsbad, CA, February 5-7. Here are some of the themes from the conference:

  • While there is a push to complete many projects in 2020, there was a lot of discussion about how the industry and project financing will evolve in coming years as the Production Tax Credit steps down and after it sunsets. The industry is becoming increasingly complex with ever-changing state and federal policies, an increase in C&I offtakers, increasingly complex non-traditional offtake arrangements, and new financing parties waiting in the wings. It is important to understand the challenges and opportunities that these changes create. Husch Blackwell’s renewable energy team can help you navigate these ever changing challenges and opportunities and ensure that your project is completed on time and in compliance with all state and federal policies.


Continue Reading 2019 Infocast Wind Power Finance & Investment Summit Recap

The biodiesel industry is gathering at the National Biodiesel Board’s National Biodiesel Conference in San Diego starting January 19.  With turmoil in the federal Renewable Fuel Standards program and low petroleum prices, the industry will be highlighting the important role biodiesel has to play in lowering carbon in the atmosphere. Biodiesel is commercially available and

Husch Blackwell partners with the Texas Renewable Energy Industries Alliance (TREIA) once again to present a five-part webinar series focused on the Texas renewable energy industry. The final installment in the New Directions webinar series will discuss the upcoming 2019 regular session of the Texas Legislature and what’s in store for renewable energy.

Register

In the latest of the eight-part Renewable Energy Projects Webinar Series, Husch Blackwell’s Chris Reeder and Linda Walsh will discuss the federal and state regulatory approvals often required for typical wind and solar energy projects. They will address the circumstances under which such regulatory approvals are required and the timing needed to apply for

A new legislation signed into law in August, the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), will expand vastly the types of foreign investment transactions that the Committee on Foreign Investment in the United States (“CFIUS”) may review. Under the new law, a wide range of foreign investments affecting the U.S. energy sector