Join Husch Blackwell and the Texas Renewable Energy Industries Alliance (TREIA) for a webinar series focused on topics that affect the Texas renewable energy industry.

Don’t miss the first in this webinar series, ITC & PTC Status Overview, on Tuesday, May 7, 2019, Noon – 1:00 p.m. CDT.

The first installment of the 2019 series will be an overview of the current status and future of the Investment Tax Credit (ITC) and Production Tax Credit (PTC). Presenters from Husch Blackwell and OnPeak Power will discuss commercial application and roles of the solar investment tax credit and wind production tax credit in financing and project development. In addition, they will cover the expected future of wind and solar development as credits are reduced or expired, the current legal status of wind and solar credits, and the legal eligibility for these credits.

Presenters include Ian Davis, Vice President, OnPeak Power and Jason Reschly, Partner, Husch Blackwell.

Who Should Attend?

Renewable developers, solar service providers, public officials, investors, lenders, general counsel, private equity companies, environmental entities, and other development consultants and service providers.

This webinar introduces topics that will be featured at the 2019 GridNEXT Conference, to be held June 26-27, 2019 in San Antonio.

Continuing Education Credit

This program is pending approval for Texas continuing legal education credit.

Registration

This webinar is complimentary; however, registration is required. We encourage you to share this webinar with interested colleagues.

As discussed in prior blog posts, the Federal Circuits became split (Part 1) in 2018 on whether the Clean Water Act (“CWA” or the “Act”) regulates discharges of pollutants from point sources that reach navigable waters through nonpoint sources, such as groundwater. Recently, the U.S. Supreme Court granted certiorari in one of those Circuit decisions (Part 2), and the case is still in front of the Supreme Court. While U.S. EPA had requested comments on this and other issues (Part 3), the agency’s current position was unknown until recently. On April 15, 2019, EPA released an interpretive statement and corresponding press release providing new guidance on whether the CWA permitting requirements apply to discharges directly to groundwater (78 Fed. Reg. 16810 (April 23, 2019)).

Continue Reading CWA Series: Do Discharges to Groundwater Require a Permit? EPA just changed its mind.

The Trump administration announced in December 2018 its proposed replacement rule defining “waters of the United States.” Under the proposed rule, the number of wetlands that fall outside of federal jurisdiction is expected to increase.

Phillip Bower and Megan McLean weigh in on what this means for state regulation of non-federal wetlands in the recent article published in the American Bar Association’s March/April 2019 edition of Trends, the ABA Section of Environment, Energy, and Resources newsletter.

What are Wisconsin, Minnesota and other states doing? What’s next?

Check out the full article: The Proposed WOTUS Rule: How do states regulate non-federal wetlands?

yellow blue smoke from two tubes of plantPer- and polyfluoroalkyl substances (“PFAS”) are synthetic chemicals used in a number of industrial processes and in the manufacturing of certain consumer goods because of their fire resistance and because they repel oil, stains, grease, and water. There are approximately 3,500 different compounds under the umbrella of PFAS. Some of these were used in firefighting foam, which in some places, including near airports, were spread over the ground to prevent forest fires. The most well-known versions, and considered to be of greatest concern, are long chain PFAS, perfluoroctanoic acid (“PFOA”) and perfluoroctane sulfonate (“PFOS”). Continue Reading PFAS: A new source for regulatory concern

Previously, we reported the Federal Circuit split (Part 1) regarding indirect discharges to navigable waters through groundwater and the Supreme Court’s grant of certiorari in one of those cases (Part 2), which will hopefully settle whether the Clean Water Act (“CWA” or the “Act”) governs an indirect discharge to navigable waters. Whether the CWA applies to particular surface waters remains a hot topic almost 50 years since the modern-day CWA was passed in 1972, as the litigation continues over the Obama Administration’s rule (promulgated in 2015) defining the scope of the CWA, as well as the Trump Administration’s attempts to repeal that rule.   Continue Reading CWA Series: In redefining the scope of the Clean Water Act, will the new WOTUS rule truly be a sea change?

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

Rock Products magazine recently published an article by Daniel Fanning discussing a proposed rule revising the definition of “waters of the United States” and its potential effects. The rule is intended “to increase CWA program predictability and consistency.” Will this change impact your operations?

Continue Reading What Are ‘Waters of the United States’?