SMART is Open!

November 26th was a big day for solar energy in Massachusetts.  As promised, the Massachusetts Department of Energy Resources (“DOER”) opened the application portal for the long-anticipated SMART Program.  Applications received between November 26th and November 30th will be considered to have been received at the same time.  Starting on December 1st, applications will be reviewed on a first come, first served, basis.

Also on November 26th,… More

National Grid Seeks $166 Million for Electric Vehicle Infrastructure Development Program

As part of its petition seeking an increase in distribution rates and approval of a performance-based ratemaking plan, which was filed with the Massachusetts Department of Public Utilities (DPU) on November 15, 2018, National Grid is requesting up to $166.5 million to implement Phase II of its Electric Vehicle Market Development Program. In September, the DPU approved Phase I of National Grid’s EV Program—which provides over $20 million for,… More

What to expect when the SMART portal opens Nov. 26

As outlined in a previous post, SMART will kick off with the opening of the application portal on November 26. This post provides an overview of the application process.

The general process

The Department of Energy Resources (DOER) provides a list of documents that are required for projects to apply (but note that the list is subject to change based on the final SMART Tariff that is approved by the Department of Public Utilities).… More

DOER: SMART on Track for November 26 Rollout

In a series of October presentations, the Massachusetts Department of Energy Resources (DOER) reiterated that it plans to launch SMART on November 26, opening an online portal at http://masmartsolar.com/ to begin accepting applications. All applications received between November 26 and 11:59 PM EST on November 30 will be considered as submitted at the same time with respect to capacity block assignment.

For applications received in the initial one-week window,… More

A Mixed Bag For Climate Litigation Plaintiffs

Last week there were two court decisions on cases in which groups of citizens are seeking court orders requiring the government to act on climate change.  The biggest news was that the Supreme Court denied the stay requested by the United States in Juliana v. United States. This “Case of the Century” was supposed to go to trial on October 29.

If I were the plaintiffs, I wouldn’t count my chickens yet.  The stay was denied without prejudice and the Order at least suggests that the 9th Circuit Court of Appeals might want to reconsider its denial of mandamus in the case.  Of course, plaintiffs almost certainly have multiple objectives and, while they would presumably like to win, just getting to trial and having the opportunity to put on their case would itself presumably be considered a major public relations victory.

On the state litigation front, a judge in Alaska has dismissed similar claims under State law.  As other courts have done, Judge Miller dismissed certain of the counts as raising non-justiciable political questions and others on prudential grounds, concluding that the Court should not entertain declaratory judgment counts, because:

declaratory relief would not advance Plaintiffs’ interests in obtaining a reduction in greenhouse gas emissions….

These cases remain very much uphill battles for plaintiffs.  Nonetheless, it will be interesting to see whether a public trial of the plaintiffs’ claims in the Juliana case will have any impact on the public perception of climate change science.

A Carbon Tax Twofer. A Meat Tax? No, Sir.

It’s probably not news that the immediate prospects for a carbon tax aren’t great.  I still think that it’s going to seem impossible until, fairly suddenly, it actually happens.  Hope springs eternal.

In any case, there has been some news on the carbon tax front this month.  Here’s the quick summary.  The Climate Leadership Council, everyone’s favorite collection of Republicans who used to matter, released The Dividend Advantage,… More

Boston University Signs Long-Term Power Purchase Agreement for Wind Energy

Our client Boston University (BU) has executed a 15-year Power Purchase Agreement (PPA) with ENGIE Generation North America (ENGIE) pursuant to which BU will purchase wind energy from a South Dakota wind farm under development by an affiliate of ENGIE.  The establishment of this long-term contract will allow ENGIE to secure financing to construct the renewable energy facility, which will result in the addition of new clean energy to the grid in a region heavily reliant on fossil fuels. … More

Seventh Circuit Upholds Illinois ZEC Program for Struggling Nuclear Units

On September 13, 2018, the Court of Appeals for the Seventh Circuit affirmed the trial court’s dismissal of claims that the zero-emission credit (ZEC) program enacted by the Illinois legislature in 2016 violated the U.S. Constitution’s dormant Commerce Clause and was preempted by the Federal Power Act. The Court took the unusual step of requesting an amicus brief from the Federal Energy Regulatory Commission (FERC). … More

Massachusetts’ New Clean Energy Bill: Heavy On Storage, Light On Solar

This article was originally published in Solar Industry.

On Aug. 9, Massachusetts Gov. Charlie Baker signed H.4857, An Act to Advance Clean Energy, into law. Adopted by the bodies on the last day of session, July 31, the legislation was the compromise between the Senate’s broad, omnibus bill, S.2564, passed in mid-June, and a series of more modest proposals passed piecemeal by the House in mid-July.… More

Massachusetts Passes “Minibus” Clean Energy Bill

On July 31, the Massachusetts Legislature passed H.4857, An Act to Advance Clean Energy.” The bill, released late on July 30, was the result of a compromise between the Senate’s broad, omnibus bill passed in early June and the House’s more modest proposals, passed piecemeal in mid-July. Among other things, the bill:

  • increases opportunities for energy efficiency by expanding the definition of qualifying programs;…
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