In order for renewable energy projects to gain traction on a larger scale in the United States, significant investments need to go into building the required underlying infrastructure, including a green sustainable grid across the country.

Eminent domain, the government’s right to expropriate private property for public use with just compensation, has historically been the go-to tool for the fossil fuel industry to build and expand its vast network of pipelines by obtaining the parcels of land needed to build the pipeline. Eminent domain is a controversial concept and has been a popular target for environmentalists looking to slow the expansion of the fossil fuel pipelines.  Recent examples include the PennEast Pipeline, the Atlantic Coast Pipeline and the Dakota Access Pipeline.
Continue Reading Eminent Domain as Climate Policy: From a Target to a Potential Tool for Expanding Renewable Energy Projects

Texas property owners are becoming more knowledgeable on renewable energy as wind and solar projects continue to thrive in the state of Texas. In the early stages of renewable development, leases were not heavily negotiated and were executed swiftly, at little cost to developers. Today, the expectation is quite different.
Continue Reading Increased Landowner Sophistication Ramps Up Lease Negotiations in Texas

Europe’s offshore wind sector enjoyed a record $31 billion of investment in 2020. The U.S has some serious work to do to catch up. While development of land-based wind and solar projects continues at a rapid pace across the U.S., we lag far behind many other countries when it comes to offshore project development. There are currently only two small offshore wind projects operating in the U.S.

There are signs, though, that change is coming.


Continue Reading Offshore Wind Positioned to Take Off Under Biden

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

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

In December, the U.S. Fish and Wildlife Service (USFWS) announced that the agency will be proposing a streamlined eagle incidental take permitting process for wind energy projects that are considered “low-risk” to eagles. Although this new low-risk framework has not been finalized or formally proposed yet, USFWS has made available a presentation outlining the framework.
Continue Reading U.S. Fish and Wildlife Service To Propose New Low-risk Framework for Eagle Incidental Take Permitting Process

On November 3 the U.S. House of Representatives released  the “Tax Cuts and Jobs Act” (the Act) which contains provisions that will significantly affect production tax credits (PTC) for wind projects.  Based on a review of Section 3501 of the initial draft and conversations with legislative staffers, we expect the potential financial impact to negatively affect planned expansions in wind capacity in the United States.
Continue Reading Proposed Cuts to Production Tax Credits Would Negatively Impact Wind Development

NOTE: An earlier draft of this update indicating that the FAA policy was still under consideration was inadvertently published last week. That draft was out of date and should not be relied on as a statement of FAA policies currently under consideration.

Changes to a Federal Aviation Administration (FAA) policy concerning the issuance of Determinations of No Hazard to Air Navigation (DNHs) under discussion late last year would have had profound and potentially adverse repercussions on wind development projects nationwide. Fortunately,
Continue Reading FAA Changes Would Have Disrupted Financing of Wind Development Projects Nationwide

Two bills with the potential to impact the siting of new wind energy projects have been introduced by the Texas legislature. Senate Bill 277 (authored by Sen. Donna Campbell) and its companion, House Bill 445 (authored by Rep. James Frank), would if enacted prohibit
Continue Reading Texas Legislation Seeks to Limit Tax Incentives to Wind Farms Built Near Military Bases