Latham's Clean Energy Law Report

Tag Archives: Incentives

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

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

Dismissal of Low Carbon Fuel Standard (LCFS) Case Appealed Amidst Program Extension

Appeal in POET II could complicate California Air Resources Board’s proposed LCFS amendments. Joshua T. Bledsoe, Kimberly D. Farbota In the case commonly referred to as POET II, petitioner POET, LLC, a biofuels manufacturer, challenged the Low Carbon Fuel Standard (LCFS) and Alternative Diesel Fuels (ADF) regulations which the California Air Resources Board (ARB) adopted … Continue Reading

California Air Resources Board Clarifies 2018 LCFS Targets and POET II Case Approaches Major Milestone

By Joshua Bledsoe and Kimberly Farbota Recent guidance published by the California Air Resources Board (ARB) clarifies the treatment of diesel fuels under the Low Carbon Fuel Standard (LCFS) in light of the Court of Appeals’ May 30, 2017 decision in POET I. Meanwhile, in POET II, ARB recently filed a Motion for Judgment on … Continue Reading

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

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 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

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

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 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 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

Energy Storage Gets a Boost from Federal and Private Sector Actions

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 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

New York Public Service Commission To Consider Fundamental Transformation of the Role and Regulation of Electric Distribution Utilities

By Michael J. Gergen, Benjamin M. Lawless, and Andrew H. Meyer On April 25, 2014, the New York Public Service Commission (“NYPSC”) instituted a proceeding it terms “Reforming the Energy Vision” (the “REV Proceeding”) to consider “fundamental changes in the manner in which [electric distribution] utilities provide service” along with related regulatory and ratemaking issues … Continue Reading

EPA Issues 2013 Renewable Fuel Standard Limits, Hints at Blend Wall Reductions for 2014

By Ann Claassen and Eli Hopson Last week EPA finalized the Renewable Fuel Standard (“RFS”) levels for 2013.[1]  Although EPA missed the statutory deadline of November 30, 2012, for setting levels for the 2013 RFS, EPA notes that the statute does not provide any penalty for missing the deadline, nor does it remove the general … Continue Reading

9th Circuit Upholds Federal Housing Finance Authority Directive Barring Fannie Mae and Freddie Mac from Purchasing Mortgages on Properties Encumbered by Senior PACE Liens

By Michael Gergen and David Pettit On March 19, 2013, in County of Sonoma v. Federal Housing Finance Authority, the U.S Court of Appeals for the 9th Circuit joined the 2nd and 11th Circuits in upholding a directive from the Federal Housing Finance Authority (“FHFA”) that restricts Fannie Mae and Freddie Mac from purchasing mortgages … Continue Reading

California Energy Commission Releases Proposed Rules Allowing Biomethane to Qualify for the Renewables Portfolio Standards

By Marc Campopiano and Tim Henderson On March 11, 2013, the California Energy Commission (CEC) released a proposed Seventh Edition of the Renewables Portfolio Standard (RPS) Eligibility Guidebook (proposed Guidebook).  As we discussed in a previous blog entry, on March 28, 2012, the CEC suspended the RPS eligibility of power plants generating electricity using biomethane.  … Continue Reading

FERC Issues Policy Statement Providing New Guidance on Rate Incentives for Transmission Investment

By Michael J. Gergen and Jared W. Johnson On November 15, 2012, the Federal Energy Regulatory Commission (“FERC”) issued a Policy Statement to provide new guidance for applicants seeking rate incentives for new transmission infrastructure projects.  FERC’s transmission rate incentives policy stems from a package of amendments to the Federal Power Act (“FPA”) enacted by … Continue Reading

Roadblock to California Greenhouse Gas Cap and Trade Program Removed, but Others Remain

By Michael Feeley and Aron Potash A lawsuit which delayed and once threatened to dismantle California’s greenhouse gas (GHG) cap and trade scheme was largely resolved last week, removing one roadblock to California’s plan to be the first state to impose an economy-wide GHG trading program.  Under modified regulations adopted by the California Air Resources … Continue Reading

On Heels of $180 Million Appropriation for ARPA-E for FY 2011, Five New Programmatic Areas Announced for APRA-E

Less than a week after winning Congressional approval for a $180 million appropriation for the remainder of the 2011 fiscal year for DOE’s Advanced Research Projects Agency—Energy (ARPA-E), DOE Secretary Steven Chu announced five new project areas on Wednesday, April 20, to be funded through ARPA-E. Of ARPA-E’s $180 million budget for FY 2011, Secretary Chu … Continue Reading

President Signs Budget Bill for Remainder of FY 2011 that Makes Important Modifications to DOE Loan Guarantee Programs and Provides Continued Significant Funding For ARPA-E

By Eli W.L. Hopson On April 14, the House and Senate passed, and on April 15, President Obama signed into law, the final Continuing Resolution (CR) for the remainder of FY 2011.  Section 1425 of the CR makes important modifications regarding the authority of the U.S. Department of Energy (DOE) to provide loan guarantees under … Continue Reading

New Reports Find U.S. Lagging Behind China and Germany In Clean Energy Investments

By L&W Energy Attorneys Both China and Germany have now surpassed the United States in attracting clean energy financing and investments, according to a report – Who’s Winning the Clean Energy Race? 2010 Edition – issued on March 29, 2011 by The Pew Charitable Trusts in collaboration with Bloomberg New Energy Finance.  In 2010, China’s … Continue Reading

Executive Director of DOE Loan Program Office Testifies to House Concerning DOE Loan Guarantee Programs

By L&W Energy Attorneys On March 31, 2011 Jonathan Silver, the Executive Director of the U.S. Department of Energy’s (DOE) Loan Programs Office (LPO), testified in front of the House Energy and Water Development Appropriations Subcommittee to discuss the LPO’s recent accomplishments and its 2012 budget requests.  Silver stressed that the deployment of commercially-ready clean … Continue Reading

Court of Appeals vacates CAFO rules

In a March 15, 2011, decision, the Fifth Circuit Court of Appeals vacated in part the Environmental Proection Agency’s (“EPA”) Concentrated Animal Feeding Operations (“CAFO”) rules, which we analyzed in a previous blog entry.  The Fifth Circuit struck down the requirement that CAFOs which “propose to discharge”—that is, which are “designed, constructed, operated, or maintained … Continue Reading

US Chamber of Commerce study: regulatory and legal barriers to energy projects delay cleantech efforts and prevent economic growth

Clean energy projects have tremendous potential to create jobs and grow the economy and help the nation meet its energy needs in a more sustainable way, but regulatory and legal barriers to energy projects have substantially reduced job creation and economic growth while impeding efforts to bring new energy generation facilities on line, according to … Continue Reading

Policy group brief provides behind-the-scenes look at pipeline for projects seeking Section 1705 loan guarantees from DOE

A recent brief by the Center for American Progress (CAP) –“Invest in America’s Clean Energy Future”–advocating against substantial cuts in funding for the U.S. Department of Energy (DOE) loan guarantee program proposed by the U.S. House of Representatives provides interesting and heretofore not publicly known details about the pipeline for projects seeking guarantees under Section … Continue Reading

California Department of Finance releases text of proposed legislation to dissolve redevelopment agencies that could impact clean energy projects

The California Department of Finance has released proposed trailer bill language (PDF) to implement Governor Jerry Brown’s proposal with respect to the elimination of redevelopment agencies.  The proposed legislation sets forth what the Governor proposed in terms of the dissolution of redevelopment agencies and the formation of successor agencies.  According to the proposed legislation, all redevelopment … Continue Reading