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Category Archives: Finance and project development

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Air District Targets Southern California Logistics Industry

By Latham & Watkins LLP on Posted in California, CEQA, Environmental Regulation, Finance and project development, Permitting, Solar PV/Rooftop solar
A local air district is developing a rule that would require both existing and proposed warehouses to reduce trucking emissions or pay a mitigation fee. By Joshua T. Bledsoe The South Coast Air Quality Management District (SCAQMD or District) is developing a so-called Indirect Source Rule (ISR) that would require Southern California warehouses to reduce … Continue Reading

California Appeals Court Determines Threshold and Scope for EIR Requirement

By Latham & Watkins LLP on Posted in California, CEQA, Environmental and approvals, Environmental Regulation, Finance and project development, Permitting
CEQA Case Report: Understanding the Judicial Landscape for Development[i] By Christopher W. Garrett, Daniel P. Brunton, James A. Erselius, and Robert C. Hull In an unpublished opinion issued May 31, 2018, Save Adelaida v. County of San Luis Obispo, Case No. B279285, the California Court of Appeal partially affirmed the trial court’s decision and held … Continue Reading

7 Takeaways From California’s Extension of the Low Carbon Fuel Standard

By Latham & Watkins LLP on Posted in Energy regulatory, Finance and project development
By Joshua T. Bledsoe and Kimberly D. Farbota On September 27, 2018, the California Air Resources Board (CARB) passed Resolution 18-34, extending the Low Carbon Fuel Standard (LCFS) Program to 2030 and making significant changes to the design and implementation of the Program. This blog outlines seven takeaways for market participants and stakeholders. 1. CARB … Continue Reading

BLM Begins Scoping Process to Consider Amendments to Desert Renewable Energy Conservation Plan

By Latham & Watkins LLP on Posted in Finance and project development, Permitting
DRECP under review in an effort to alleviate burdens on energy development. By Marc T. Campopiano, Joshua T. Bledsoe, Jennifer K. Roy, and James Erselius The Bureau of Land Management (BLM) recently issued a notice of intent to review the Desert Renewable Energy Conservation Plan (DRECP) for potential burdens on domestic energy production in California. … Continue Reading

New York Releases Offshore Wind Master Plan

By Latham & Watkins LLP on Posted in Finance and project development
Plan outlines next steps for procuring 2,400 MW by 2030, with a likely significant benefit for New York’s economic development. By Tommy Beaudreau, Janice Schneider, Michael Gergen, and David Amerikaner New York Governor Andrew Cuomo and the New York State Energy Research and Development Authority (NYSERDA) have released the New York State Offshore Wind Master … Continue Reading

CEQA Developments: How New Proposed Regulations and Streamlined Legislation Will Impact California Projects

By Latham & Watkins LLP on Posted in Environmental and approvals, Finance and project development
Webcast addresses recent developments involving the California Environment Quality Act. By Marc Campopiano, Chris Garrett, and Winston Stromberg The Project Siting & Approvals Practice hosted a 60-minute webcast on February 21, “CEQA Developments: How New Proposed Regulations and Streamlined Legislation Will Impact California Projects.” Speakers provided an overview of the proposed updates to the California … Continue Reading

Massachusetts Unveils Three Offshore Wind Farm Proposals

By Latham & Watkins LLP on Posted in Finance and project development
New England wind farms poised to lead the way in utilities converting from fossil fuel to wind generation. By Tommy Beaudreau, Janice Schneider, and David Amerikaner The race is on to build the first utility-scale offshore wind farm in the United States (US) on the federal Outer Continental Shelf. In December, three companies — Bay … Continue Reading

DOI Identifies Burdens to Energy Development on US Tribal Land

By Latham & Watkins LLP on Posted in Environmental and approvals, Finance and project development
By Janice M. Schneider, Tommy P. Beaudreau, Stacey L. VanBelleghem, and Nikki Buffa Stakeholders interested in energy development on US tribal lands will welcome recent Department of Interior (DOI) efforts that identify a key burden to energy development on these lands — as well as the Bureau of Indian Affairs’ (BIA’s) plans to address it. … Continue Reading

BOEM Renewable Energy Task Force Discusses Potential New Wind Energy Areas Offshore New York

By Latham & Watkins LLP on Posted in Finance and project development
By Tommy Beaudreau, Janice Schneider, and David Amerikaner The Bureau of Ocean Energy Management (BOEM) convened the Intergovernmental Renewable Energy Task Force for the New York Bight to discuss BOEM’s draft Call for Information and Nominations (Call) on December 4, 2017. The meeting, which was held via a webinar, marked an important step in the … Continue Reading

California’s Supreme Court Denies ARB Petition To Review LCFS Case

By Latham & Watkins LLP on Posted in Finance and project development, Permitting
By Joshua T. Bledsoe and Kimberly Farbota In a previous post, we described how potential delays in the resolution of the case commonly known as POET I could create uncertainty regarding the future of the California Low Carbon Fuel Standard (LCFS). On August 23, 2017, the Supreme Court of California issued an order: (1) denying California … Continue Reading

Uncertainty Looms with Delays to Resolution of California’s Low Carbon Fuel Standard Program Challenges

By Latham & Watkins LLP on Posted in Environmental and approvals, Finance and project development, Permitting
By Joshua Bledsoe and Kimberly Farbota Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS). Earlier this year, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) issued two … Continue Reading

Court Reissues LCFS Opinion Per ARB Petition For Reconsideration

By Latham & Watkins LLP on Posted in Finance and project development, Permitting
By Joshua T. Bledsoe and Max Friedman As discussed in a previous post, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) ruled on April 10, 2017 that the California Air Resources Board (ARB) had failed to properly follow a writ of peremptory mandate (the Writ) requiring ARB to remedy violations … Continue Reading

California Court Rules Against Air Resources Board over LCFS but Preserves 2017 Status Quo

By Latham & Watkins LLP on Posted in Environmental and approvals, Finance and project development
By Joshua T. Bledsoe and Max Friedman In two recent posts, we discussed how California’s Low Carbon Fuel Standard (LCFS) had been thrown into a state of potential upheaval by two interrelated legal challenges commonly known as POET I and POET II, including a recent oral argument before the California Court of Appeal for the … Continue Reading

California State Court Poised to Destabilize Low Carbon Fuel Standard

By Latham & Watkins LLP on Posted in Environmental and approvals, Finance and project development, Permitting
By Joshua T. Bledsoe and Max Friedman Big changes appear to be imminent for California’s Low Carbon Fuel Standard (LCFS). As discussed in greater detail in our recent post, the LCFS currently is the subject of two interrelated legal challenges commonly known as POET I and POET II. Here we provide an update on recent proceedings before … Continue Reading

Twin Challenges to LCFS Advance in California Courts, With Potential Implications for State’s Overall Climate Stabilization Strategy

By Latham & Watkins LLP on Posted in Environmental and approvals, Finance and project development
By Joshua T. Bledsoe and Max Friedman Two related cases, advancing in parallel, have the potential to upend California’s Low Carbon Fuel Standard (LCFS), whether via full suspension of the LCFS or carving out diesel fuels from the deficit and crediting regime.[1] Both cases involve challenges by POET, LLC (POET), a South Dakota-based ethanol producer, … Continue Reading

The Department of Energy’s Simplified IIP Process Goes Into Effect in November

By Latham & Watkins LLP on Posted in Energy regulatory, Finance and project development, Permitting
By Sara Orr, Bobbi-Jo Dobush and Francesca Bochner On November 28, 2016, the Department of Energy’s (DOE) simplified Integrated Interagency Pre-Application (IIP) Process will go into effect.[i] The IIP is a voluntary, pre-application process intended to streamline and improve the permitting and siting process for qualifying electric transmission projects. In an effort to increase efficiency, the … Continue Reading

California Supreme Court Addresses Subsequent Review Under CEQA; Rejects Lishman “New Project” Test

By Latham & Watkins LLP on Posted in Environmental and approvals, Finance and project development
By Christopher W. Garrett, David Amerikaner, Lucas I. Quass and Samantha Seikkula In an opinion by Justice Kruger, the Supreme Court of California unanimously reversed the Court of Appeal in Friends of the College of San Mateo Gardens v. San Mateo County Community College District, Cal. Supreme Court, Case No. S214061 (September 19, 2016). The Court … Continue Reading

White House Issues Final NEPA Guidance on Climate Change

By Latham & Watkins LLP on Posted in Energy regulatory, Finance and project development, Permitting
By Joshua Bledsoe, Sara Orr and Stacey VanBelleghem On August 2, 2016, the White House Council on Environmental Quality (CEQ) issued its final guidance for federal agencies to assess the impact of their decisions on greenhouse gas emissions (GHGs) and also how such decisions may be impacted by a changing climate (e.g., future sea level … Continue Reading

US FWS Announces Record of Decision Streamlining Wind Energy Permitting for the Upper Great Plains

By Latham & Watkins LLP on Posted in Energy regulatory, Finance and project development, Permitting
By Sara Orr and Bobbi-Jo Dobush On July 7, 2016, the US Fish and Wildlife Service (FWS) announced its Record of Decision (ROD) for the Upper Great Plains Wind Energy Programmatic Environmental Impact Statement (PEIS).[1] This is the final step in a process that US FWS, along with Western Area Power Administration (Western), embarked upon in … Continue Reading

Energy Storage Gets a Boost from Federal and Private Sector Actions

By Latham & Watkins LLP on Posted in Emerging companies, Finance and project development
By Michael Gergen, David Pettit and Tara Rice On June 16, 2016, the White House hosted a Summit on Scaling Renewable Energy and Storage with Smart Markets. As a backdrop to the Summit, the Obama Administration announced new executive actions and 33 public and private sector commitments intended to accelerate the grid integration of renewable … Continue Reading

California Energy Agencies Advance Renewable Transmission Line Planning

By Latham & Watkins LLP on Posted in Finance and project development, Tax and incentives
By Marc Campopiano, Jennifer Roy, and Francesca Bochner California energy agencies and key stakeholders have finished the first step of a statewide planning process to evaluate transmission needs in the state and the region. This process, called the Renewable Energy Transmission Initiative 2.0 (RETI 2.0), will culminate in recommendations to the legislature on where to … Continue Reading

California Supreme Court Hears Oral Argument in Friends of the College of San Mateo Gardens v. San Mateo County (Case No. S214061)

By Latham & Watkins LLP on Posted in Environmental and approvals, Finance and project development
By Christopher Garrett, Daniel Brunton and Shannon Lankenau On May 4, 2016, the California Supreme Court heard oral argument in Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Case No. S214061), which addresses the standard of review that applies when a lead agency decides that changes or additions … Continue Reading

6 Key Takeaways from the FWS’s Proposed Update to the Eagle Act Rules

By Latham & Watkins LLP on Posted in Environmental and approvals, Finance and project development
By Sara Orr, Jennifer Roy and Francesca Bochner On May 2, 2016, the US Fish & Wildlife Service (FWS) announced its second attempt to revise its rules authorizing eagle take permits under the Bald and Golden Eagle Protection Act (Eagle Act). The rule would extend the maximum eagle take permit term from 5 to 30 … Continue Reading

Low Carbon Fuel Standard Challenged (Again) in California State Court

By Latham & Watkins LLP on Posted in Emerging companies, Energy storage, Environmental and approvals, Finance and project development, Tax and incentives
By Joshua Bledsoe and Max Friedman After a lengthy process of policy review and revision, the California Air Resources Board (ARB) re-adopted the state’s Low Carbon Fuel Standard (LCFS) on September 25, 2015. The LCFS is expected to contribute approximately 20% of the statewide greenhouse gas (GHG) reductions required by 2020 under Assembly Bill 32. … Continue Reading
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