Legal & Regulatory
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Legal & Regulatory
Biden Weighs Preserving Infrastructure EO Focused on Cybersecurity
President Joe Biden on his first day in office sent a clear signal that he would not follow his predecessor’s policies with respect to energy and climate issues. On Jan. 20, 2021, Biden signed Executive
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Legal & Regulatory
Future of EPA’s Rule on State Water Quality Certification of Federal Permits
High on the list of Trump administration rules that will be reevaluated by the Biden administration is the Environmental Protection Agency’s (EPA’s) Clean Water Act (CWA) section 401 rule on state water
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Commentary
FERC Signals Green Light on Carbon Pricing to Help Reduce Emissions
The body that regulates the interstate transmission of oil, electricity, and natural gas has signaled its willingness to approve regional grid operator plans that incorporate carbon pricing into their rate
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Commentary
FERC Order Opens Wholesale Power Markets to DERs
The Federal Energy Regulatory Commission (FERC) in September issued Order 2222, a final rule to remove barriers for distributed energy resource (DER) aggregators to participate in the wholesale capacity
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Commentary
Global Rush Toward Renewables Faces Challenges
Harold E. “Ed” Patricoff and Ana Sarmento The global trend toward renewable energy is undeniable and commendable. In 2018, 10Power announced that it would work to create commercial-scale solar and energy
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Legal & Regulatory
In Search of Middle Ground Between State Public Policy and Federal Regulation
The tension between state and federal lawmakers is ages old, with a history marked by periods of outright assault or relative peace. On Dec. 19, 2019, the quiet in the energy sector was broken by an order from
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Commentary
Industry Wants Clarity on Trump Order About Foreign Equipment
President Trump on May 1, 2020, issued Executive Order (EO) 13920, titled “Securing the United States Bulk-Power System.” Trump said that the unrestricted foreign supply of certain electric equipment
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Legal & Regulatory
Fixed-Volume Hedges Help Bring Revenue Certainty
With a lack of attractive solar power purchase agreements (PPAs) available in the market, project owners have been seeking alternative arrangements to secure long-term revenue certainty. One alternative is a
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Legal & Regulatory
Supreme Court Revives Most Uses of NWP 12, Amid Uncertainty
In a one-paragraph, unsigned order issued July 6, the U.S. Supreme Court reinstated most uses of the U.S. Army Corps of Engineers’ Nationwide Permit 12 (NWP 12) for pipeline and utility trenching and
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Hydro
Rethinking Hydropower Eligibility for State Renewable Incentive Programs
In the absence of a comprehensive federal renewable energy policy, many states have established regulatory frameworks that incentivize or require utilities to purchase or develop a percentage of renewable
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