Archive:June 3, 2021

D.C. Circuit Affirms That Offshore Wind Lease Does Not Trigger NEPA Review
Infocast Virtual Master Class: Negotiating & Documenting Corporate PPAs
The Energizer – Volume 90

D.C. Circuit Affirms That Offshore Wind Lease Does Not Trigger NEPA Review

By: J. Timothy HobbsAnkur K. TohanRobert M. SmithDavid L. WochnerNatalie J. Reid

The Bureau of Ocean Energy Management (BOEM) does not need to conduct full environmental reviews under the National Environmental Policy Act (NEPA) when granting an offshore wind farm lease, the D.C. Circuit Court of Appeals has affirmed. The decision followed a lawsuit by commercial fishing organizations and seaside municipalities who claimed that BOEM violated NEPA and the Outer Continental Shelf Lands Act (OCSLA) when it auctioned an offshore lease to Equinor (formerly Statoil) without performing an environmental review of the anticipated windfarm project. The decision puts to rest the question of whether a mere lease sale may trigger extensive environmental review under NEPA, potentially streamlining the initial lease acquisition process, but also requiring the investment of significant funds before developers have cleared environmental review.

Infocast Virtual Master Class: Negotiating & Documenting Corporate PPAs


29-30 July 2021

Over the last decade, corporate buyers and renewable energy suppliers have developed a variety of innovative structures to enable corporations to purchase renewable energy.

In the Negotiating & Documenting Corporate PPAs Master Class, expert instructors will provide an overview of the types of agreements that are commonly used to facilitate corporate renewable energy procurement, as well as when best to use them.

Attend to expand your knowledge and gain expert insights for real-world applications:

  • Background: Utility Monopolies and Exclusive Service Territories
  • REC Agreements
  • Green Tariffs 1.0
  • Green Tariffs 2.0
  • On-site solar PPAs
  • Physical PPAs (including direct access)
  • Community Solar PPAs
  • Virtual PPAs (VPPAs/contracts for differences)
  • Portfolio Aggregation PPAs
  • Block Delivery PPAs

Instructors will include: William H. Holmes, Lana Le Hir, Elizabeth Crouse, James Douglass, Tariq Fedda, Kenneth Gish, and Teresa Hill.

The Energizer – Volume 90

By: Buck B. Endemann, Daniel S. Cohen, Molly K. Barker, Natalie J. Reid, Matthew P. Clark, Nathan C. Howe, Maeve C. Tibbetts, Oretha A. Manu

There is a lot of buzz around clean technology, distributed energy resources (DERs), microgrids, and other technological innovations in renewable energy and clean transport industries, and how these developments can contribute to solving longstanding environmental justice issues. As these innovations develop, energy markets will undergo substantial changes to which consumers and industry participants alike will need to adapt and leverage. Every other week, K&L Gates’ The Energizer will highlight emerging issues or stories relating to the use of DERs, energy storage, emerging technologies, hydrogen, and other innovations driving the energy industry forward.


  • Twinning Nuclear Reactors with Machine Learning
  • FERC Invites Post-Technical Conference Comments on RTO/ISO Credit Practices
  • University of Illinois Will Soon Complete Final Phase of Solar Farm 2.0 Project
  • Spain Passes Carbon Neutrality Legislation that Bans Fossil Fuel Vehicles from Circulation within Nation’s Borders by 2050

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