Introduction

The Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA) requires that foreign investors who acquire, transfer, or hold an interest in U.S. agricultural land report such holdings and transactions to the Secretary of Agriculture on Form FSA-153.[1] The underlying purpose of AFIDA was to create a nationwide system for collecting information pertaining to the foreign ownership of U.S. agricultural land. The information collected from these disclosures is used in preparing periodic reports to the President and Congress concerning the effect of such holdings upon family farms and rural communities.[2]

Continue Reading AFIDA – The Basics of Disclosing Foreign Ownership of Agricultural Land

On June 8, 2022, the Public Utility Commission of Texas (“Commission”) filed a memo from its Infrastructure Division requesting that electric utilities, power generation companies, municipally owned utilities, and electric cooperatives (“Entities”) operating outside of the Electric Reliability Council of Texas (“ERCOT”) provide to Commission Staff unredacted copies of their Emergency Operations Plans (“EOP”). Entities that operate both outside of the ERCOT power region and in the ERCOT power region, and entities that operate solely in the ERCOT power region and have already provided an unredacted EOP to ERCOT (as required by the Emergency Operations Plan rule (16 TAC §25.53), are not required to provide the Staff an unredacted EOP.
Continue Reading Public Utility Commission Requests Unredacted Emergency Operations Plans From All Applicable Entities by June 24, 2022

It has been almost a year since Texas’ Lone Star Infrastructure Protection Act (“LIPA”) was signed into law by Governor Abbott on June 18, 2021, and took effect. In the past year, we have seen developers, tax investors, and purchasers of renewable energy projects alike address compliance with LIPA in varied ways.
Continue Reading A Year Out: Renewable Energy Developer and Investor Compliance with the Texas Lone Star Infrastructure Protection Act

The Texas Supreme Court (“TXSC”) recently confirmed what many already know: the Texas Commission on Environmental Quality (“TCEQ”) has only administrative authority related to water rights in Texas. This means that water rights ownership disputes must utilize Texas courts to adjudicate water rights ownership.
Continue Reading Texas Supreme Court Water Law Verdict Highlights Lack of TCEQ Authority Over Water Rights

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

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

Oncor_logoDuring the Public Utility Commission of Texas (PUCT) open meeting today, the commissioners unanimously approved, with no substantive discussion, a proposed order finding that the sale of Oncor Electric to NextEra Energy is not in the public interest.

On October 31, 2016, NextEra and Oncor had filed a Joint Report and Application with the PUCT seeking the regulatory approvals required for NextEra to acquire Oncor.  NextEra was hoping to acquire both the approximately 80% interest in Oncor indirectly held by Energy Future Holdings Corp. (EFH), which is currently in bankruptcy, and the 19.75% interest indirectly held by Texas Transmission Holdings Corporation.  In addition,
Continue Reading NextEra Bid to Acquire Oncor Rejected by PUCT

Energy storageMassachusetts took a significant step to acknowledge that effective and efficient renewable energy storage – the commercial capture of renewable energy to offset demand at a later time – can aid in the growth of wind and solar power and save ratepayers money. Massachusetts may become the third state to adopt a renewable energy storage mandate, following in the footsteps of California and Oregon. In August, the Massachusetts legislature passed a bill, titled “An Act to Promote Energy Diversity,” that gives the Massachusetts Department of Energy Resources (DOER) the ability to mandate what the energy storage targets.
Continue Reading Massachusetts Takes Big Step Towards Increasing Energy Storage