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

Solar panels are once again in the news due to several recent developments.  Due to various trade remedy actions taken over the course of the past few years, solar panels are 45% more expensive in the United States than in Europe and Australia and 50% more expensive in the United States than the global average. The Solar Energies Industries Association (SEIA) believes tariffs are largely responsible for the high price of solar panels in the United States.  The Congressional Research Service (CRS) estimates that 98% of solar panels and their components are manufactured outside the United States, as a result solar panels have been the subject of several ongoing trade disputes.
Continue Reading Section 201 Safeguard Solar Panel Tariffs Set to Expire in February 2022

A recent Texas case, Lyle v. Midway Solar, S.W. 3d, 2020 WL 7769632 (Tex. App. Ct., El Paso 83rd Dist. 2020), addressed a challenge that many solar developers wrestle with: how to handle mineral owners. The El Paso Court of Appeals clarified this complex issue and demonstrated the importance of properly addressing the minerals on a site prior to developing a project.

Key Takeaways for Renewable Energy Developers:

This is an important case that renewable energy developers can look to in assessing the minerals on a project site. First, the court actually acknowledged that Texas was a leader in energy and produced the largest share of oil and gas, but that public policy favors adding renewable energy sources into the State’s energy portfolio, which is a great development for renewable energy developers. This case focuses on the conflict between the surface/solar owner and mineral owner/developer, which is always an issue especially for solar developers. The opinion does not address any fact-specific analysis that must be performed when applying the accommodation doctrine, but it 1) does help confirm that the accommodation doctrine does apply when the deed/contract does not address the uses of the surface, 2) sets when the application of the accommodation doctrine should be used, and 3) shows the importance of obtaining any agreements from the proper parties before filing them of record.
Continue Reading Mineral Owner vs. Solar Company: New Texas Case Addresses Key Issue

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

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

On the Horizon imageHusch Blackwell and the Texas Renewable Energies Industries Alliance have teamed up to produce a webinar series titled, On the Horizon, focused on the Texas solar industry.  The latest installment focused on solar leases and mineral right issues and is now available on-demand. The panelists discussed recommended provisions for solar leases including steps solar project developers can take to anticipate mineral estate operations and lessen the potential impact of right of access under the Texas’ Accommodation Doctrine.

Register here for the final two webinars of the year:
Continue Reading Texas Solar Webinar Series