An Overview of Regulatory Issues Associated with Renewable Energy Facilities

When it comes to developing renewable energy projects, such as solar facilities, wind farms, offshore wind facilities, cogeneration plants or other kinds of renewable energy facilities, states and federal energy regulators are increasingly challenging each other's traditional understanding of the balance of power between the federal government and states. Furthermore, in an era of increasing federal deference to the states, developers are increasingly counting on state incentives to promote renewable energy projects. Hanging in the balance are traditional federal and state statutes that delineate the distinction between federal jurisdiction and state jurisdiction, as interpreted by recent U.S. Supreme Court decisions.

Renewable energy project developers and their financiers are finding new legal frameworks that are helping to clarify a renewed spirit of cooperative federalism across the U.S., especially in organized competitive wholesale power markets. The recent Supreme Court decisions are helping to clarify the applicability of the Federal Power Act's balance of powers to emerging clean energy demand response technologies, including the roles of demand response, energy efficiency and net metering policies across state lines.

 This course, presented by Stephen J. Humes of Holland & Knight's New York City Office, presents an overview of the regulatory issues arising in the development of renewable energy projects and the roles of FERC and the states in establishing rules and promoting project incentives to meet clean energy standards.

Learning Objectives:

1. Comprehend the statutory federalism vs. states' rights framework associated with renewable energy facilities
2. Examine the trio of recent U.S. Supreme Court Cases interpreting the role of cooperative federalism in energy projects
3. Identify the federalism issues embedded in renewable energy project development
4. Provide practice guidance to reduce legal risk and avoid surprises in renewable energy project deal structuring