Energy Finance Report

Administrator

Our energy practice is focused on helping investors and companies navigate the dynamic and changing energy marketplace. We work as partners with our clients, providing world class legal support through the lens of our deep understanding of energy finance and the unprecedented change underway in the energy industry to bring real solutions and real value to their investments and businesses. We focus on adding value by developing more efficient investment and transaction process and by collaborating on the legal and financial innovations that will provide our clients the competitive advantage necessary to win in today’s energy market. We also use our extensive networks in the energy and financial industries to help our partners realize new opportunities.

Recent Posts

U.S. House Committee on Energy and Commerce Hearing on Energy Storage Highlights Need for Further Federal and State Initiatives

Posted by Administrator on 8/7/18 3:42 PM

By Kevin Fink

On July 18, 2018, the U.S. Congress House Committee on Energy and Commerce held a hearing to assess the progress being made by federal and state governments to promote the role of energy storage in the U.S. electrical system. A panel of five witnesses – an executive from the California Independent System Operator (“CAISO”); a partner at an energy and environmental economic consulting firm; and executives from E.ON, Fluence Energy, and Duke Energy – were present to testify and answer questions of the legislators.

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Topics: Energy Storage, Renewable Energy, U.S. House of Representatives, Investment Tax Credit

Energy Storage and Hydropower Experts Offer Industry Perspectives at 2018 Grid Scale Energy Storage Summit

Posted by Administrator on 7/23/18 1:26 PM

By Kevin Fink

Sullivan & Worcester counsel recently participated in the “Grid Scale Energy Storage Summit,” part of the expansive Hydrovision International conference held at the end of June in Charlotte, North Carolina. For the first time on an international scale, the Summit brought together both energy storage and hydropower experts from around the world for the purpose of debating, among other things, the future role of hydropower in the mix of energy storage options.  

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Topics: Energy Storage, Renewable Energy, FERC, hydropower

FERC ENERGY STORAGE RULE CREATES NEW OPPORTUNITIES FOR SMALL, LOW-IMPACT HYDROPOWER PROJECTS

Posted by Administrator on 2/28/18 3:49 PM

By Edward Woll Jr.

OVERVIEW

The United States has produced clean, renewable electricity from hydropower for more than 100 years. Today there are approximately 2,500 domestic dams and pumped-storage facilities that provide roughly 100 gigawatts (“GW”) of electricity. In addition, there are more than 80,000 non-powered dams, i.e., existing structures that could produce power, with the potential capacity of 12 GW. New England’s non-powered dams potential capacity is 243 mega watts (“MW”).  Many of the 80,000 non-powered dams could be converted to produce hydropower at relatively low cost and within a relatively short timeframe. See U.S. Department of Energy, An Assessment of Energy Potential at Non-Powered Dams in the United States (2012).
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Topics: Energy Storage, Renewable Energy, Massachusetts, Low-head hydropower, FERC, hydropower

Advanced Approaches to Stormwater Runoff Management Through Green Infrastructure

Posted by Administrator on 8/4/17 11:24 AM

Green infrastructure refers to, among other things, the utilization of sustainable forestry and agriculture as elements of a cost-effective compliance strategy for meeting the National Pollutant Discharge Elimination System (“NPDES”) permitting requirements, as authorized by the Clean Air Act (“CWA”), and its state counterparts. Natural systems and processes such as constructed wetlands and phytoremediation have long been used as tools for meeting NPDES discharge standards; however, the advent of the Environmental Protection Agency’s (“EPA’s”) more rigorous “Phase II” stormwater management requirements has spurred renewed interest in such systems among a new and more expansive set of permittees.

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Topics: Green Infrastructure, Stormwater Runoff Management, National Pollutant Discharge Elimination System, Clean Water Act

Considerations for Participants in the Expanding Market for Compensatory Mitigation Credits

Posted by Administrator on 8/1/17 12:36 PM

In a recent blog post, we described the basic statutory and regulatory framework supporting the increasing popularity of mitigation banking.  In this update, we offer some additional observations for property owners and other sponsors who may wish to develop a mitigation bank, and identify some of the risks associated with that undertaking.

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Topics: Compensatory Mitigation, Mitigation Banking, Compensatory Mitigation Credits

Water Infrastructure: The Current State of Funding and Considerations for Private Investors

Posted by Administrator on 7/6/17 11:00 AM

Almost a decade ago, EPA estimated the needed investment in our domestic water and wastewater infrastructure at approximately $105 billion; today it is estimated at over $600 billion. There is no indication thus far that the new administration is committed to reversing the rapid decay of our water infrastructure, or addressing the massive backlog of needed improvements.

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Topics: Private Investment, Water Sector, Water Infrastructure, Wastewater Infrastructure, Water Utilities

Biofuel Mandates Escape Current EPA Scrutiny

Posted by Administrator on 6/21/17 2:16 PM

The Renewable Fuel Standard (RFS) is a regulatory program administered by EPA that requires petroleum-based transportation fuel sold in the U.S. to contain a minimum volume of various categories of biofuels. The program’s mandates are subject to a statutory waiver provision that may be exercised by EPA in the event that market conditions present an obstacle to meeting the minimum volumes. With the new administration’s continuing scrutiny of EPA’s numerous regulatory programs, there has been a great deal of uncertainty regarding the likely fate of the RFS Program.

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Topics: Biofuels, Renewable Fuel Standard, Cellulosic biofuel, Biomass-based diesel, Renewable Volume Obligation, Advanced biofuel, Renewable Fuel, Renewable Identification Number

Monetizing Vacant Land Through Mitigation Banking

Posted by Administrator on 6/13/17 3:14 PM

A mitigation bank is a wetland, stream, or other habitat area that has been restored, established, enhanced, or (in certain circumstances) preserved for the purpose of providing compensation for unavoidable impacts to such natural resources. When a corporation or other entity undertakes these activities, it can generate “compensatory mitigation credits” (“CMCs”), which in recent years have significantly increased in value. Corporations and other owners of brownfield or dormant/underutilized properties are increasingly using these lands to create mitigation banks in order to generate CMCs that can be sold into the mitigation market.

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Topics: Compensatory Mitigation, Mitigation Banking, Compensatory Mitigation Credits, Wetlands

Converting Environmental Liabilities to Assets: Repurposing Inactive and Abandoned Mine and Mineral Processing Sites

Posted by Administrator on 6/6/17 2:36 PM

Under the Brownfields Law of 2002, EPA and other federal agencies have established a variety of programs focused on promoting and funding the repurposing of abandoned mine lands (AMLs), broadly defined as lands, waters, and watersheds in close proximity to where extraction, beneficiation, or processing of ores and minerals has occurred. Among the most promising of these initiatives is EPA’s Re-Powering America Program, pursuant to which EPA has prioritized the development of renewable energy projects on brownfield properties such as AMLs.  

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Topics: Environmental Liabilities, Renewable Energy Development, Green Infrastructure, Abandoned Mine Land, Repurposing Mine Land

The Brownfield Gold Rush: Municipalities Give Contaminated Properties New Life- Published by Cleantechnica

Posted by Administrator on 7/26/16 10:05 AM

Innovative local government leaders throughout the country are taking advantage of state and federal incentives to transform former landfills and contaminated industrial properties and waste sites into energy-producing wind and solar projects. Two examples of municipalities giving such contaminated properties new life are discussed in this article – redeveloping once polluted properties into solar installations in New Bedford, Massachusetts and revitalizing a former Bethlehem Steel plant into renewable energy projects in Lackawanna, New York.

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Topics: Solar Energy, solar brownfield, contaminated property, brownfield

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The Energy Finance Report analyzes developments in energy finance as well as provides updates and perspectives on market trends and policies.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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