Confirming landowners’ signatory authority is crucial when preparing renewable energy leases or conducting due diligence in a renewable energy financing transaction. It is not enough to rely on a landowner’s word that he or she owns a proposed project area and has the right to encumber it with a renewable energy lease. While some leases include language certifying that the landowner executing the agreement has signatory authority, failing to properly confirm that authority can result in title issues, potentially requiring lease amendments or resulting in the denial of title insurance.
The Inflation Reduction Act: Green Energy Benefits
In the wake of increasing inflation and as a means of codifying several of the Biden administration’s legislative priorities, the Senate passed the $750 billion Inflation Reduction Act on August 7, 2022 (the “Act”), by a 51-50 party-line vote. The Act, which is comprised of sweeping healthcare, energy, and tax measures, was approved by the House of Representatives on August 12, 2022, and signed into law by President Biden on August 16, 2022, creating a significant number of renewable energy sector benefits.
President Puts Hold on Tariffs and Duties On Solar Panels and Parts of Solar Panels From Vietnam, Cambodia, Malaysia, and Thailand
On June 6, 2022, President Biden declared a national emergency (the “Declaration”) in relation to energy resources and temporarily extended the time of duty-free importation of solar panels and parts from Malaysia, Cambodia, Thailand, and Vietnam. This declaration comes in response to industry concerns over the implications, for ongoing solar energy projects, of the anti-circumvention inquiry by the U.S. Department of Commerce that was initiated on April 1, 2022. The Declaration permits the Secretary of Commerce to waive the collection of duties and other estimated duties on imported solar cells and modules from Thailand, Vietnam, Malaysia, and Cambodia for the next twenty-four months, regardless of the outcome of the anti-circumvention inquiry.
Listen to Our Analysis of the ITC’s Solar Trade Case
Husch Blackwell international trade attorney, Jeffrey Neeley, and energy attorney, John Crossley, hosted a teleconference in which they discussed the implications of and next steps in the US International Trade Commission’s (ITC) ongoing case that imported crystalline silicon photovoltaic (CSPV) cells and modules have caused “serious injury” to domestic manufacturers. A detailed summary
Proposed Tariffs Could Dramatically Affect Expansion of U.S. Solar Industry
Suniva, Inc., a bankrupt U.S. producer of crystalline silicon photovoltaic (CSPV) cells, filed a petition with the U.S. International Trade Commission (ITC) seeking relief from the effects of importation of foreign manufactured CSPV cells and modules. Suniva requests relief in the form of a minimum price for solar modules imported into the United States and imposition of an additional four-year tariff on all imported CSPV cells and modules that would establish a price-per-watt for inbound foreign competitors double that of current levels.
The requested relief calls for
Webinar: Solar Finance and the Investor Tax Credit
Husch Blackwell and the Texas Renewable Energies Industries Alliance have teamed up to produce a webinar series focused on the Texas solar industry, titled “On the Horizon”. Register here for the final webinar in the series, in which Husch Blackwell’s Chauncey Lane and Jason Reschly will focus on solar development finance and the investor tax credit. They’ll give advice on tax requirements to qualify for solar tax credits, discuss tax issues for structuring transactions, identify trends in
Texas Solar Webinar Series
Husch Blackwell and the Texas Renewable Energies Industries Alliance have teamed up to produce a webinar series titled, On the Horizon, focused on the Texas solar industry. The latest installment focused on solar leases and mineral right issues and is now available on-demand. The panelists discussed recommended provisions for solar leases including steps solar project developers can take to anticipate mineral estate operations and lessen the potential impact of right of access under the Texas’ Accommodation Doctrine.
Register here for the final two webinars of the year:
Proposed Law Would Create Opportunities for Renewable Energy Development on Public Lands
Both the House and the Senate are considering a proposed law, the Public Land Renewable Energy Development Act of 2015, to streamline permitting for renewable energy development projects on public land. Hearings were held by the Senate Committee on Energy and Natural Resources on S.1407 on June 9, and by the House Natural Resources Subcommittee on Energy and Mineral Resources on an identical bill, H.R. 2663, on July 13.