DC Circuit Affirms Crucial FAA No Hazard Determination for Cape Wind Project
Authors: Kenneth P. Quinn, Jennifer E. Trock, Osama E. Hamdy
On January 22, 2014, the DC Circuit upheld the Federal Aviation Administration’s (FAA) 2012 determination of no hazard, clearing the final FAA hurdle to construction of the 130-wind turbine Cape Wind project in Nantucket Sound.
Japan Announces High Prices Under Feed-In Tariff for Renewable Energy Sales to Utilities
Authors: Michael S. Hindus, John B. McNeece III, Christopher D. Gunson
On June 18, 2012, Japan's Ministry of Economy, Trade and Industry (METI) announced very attractive pricing for sales of renewable energy to Japan's regional utilities under a new feed-in tariff (FIT). Under the FIT, solar projects over 10kW in size can be paid ¥42 ($0.53) per kwH under a 20-year Power Purchase Agreement (PPA); wind projects over 20kW can be paid ¥23.1 ($0.29) per kwH under a 20-year PPA; and geothermal projects over 15MW can be paid ¥27.3 ($0.34) per kwH under a 15-year PPA.
New Ruling Highlights Split on Strict Liability for Incidental ‘Taking’ of Migratory Birds
Authors: Anthony B. Cavender, Wayne M. Whitlock, Gerald F. George, Brad Raffle
Recent federal court decisions regarding the application of the criminal enforcement provisions of the Migratory Bird Treaty Act (MBTA) to the operations of oil and gas exploration and production facilities have resulted in conflicting interpretations of the Act. These decisions are significant for the oil and gas industry as well as other industries whose operations can impact migratory birds.
DC Circuit Vacates Crucial FAA Determinations for Cape Wind Project
Authors: Jennifer E. Trock, Kenneth P. Quinn
The DC Circuit has vacated and remanded the Federal Aviation Administration’s (FAA) no hazard determinations for 130 wind turbines in Nantucket Sound, finding that the FAA failed to follow its own handbook in determining whether the proposed turbines would have a “substantial adverse effect” on air navigation.