It is a basic principle of administrative law that, even after a jurisdiction enacts legislation, full implementation of the law typically depends on regulatory and other actions by executive branch agencies. This is particularly true in the context of environmental and climate change legislation, which are often especially complex and […]
Solar Power
In 2022, the United States Congress passed the Inflation Reduction Act (IRA), appropriating an unprecedented amount of money for climate spending programs. One of the IRA’s flagship investments was the Greenhouse Gas Reduction Fund (GGRF), a $27 billion program comprised of the National Clean Investment Fund (NCIF), the Clean Communities […]
While federal policy can have a significant impact on renewable energy development, local policy—and local sentiment—can be just as consequential. Between 2018-2023, at least 30% of utility-scale wind and solar projects were cancelled during the siting process, largely because of community opposition, local ordinances, and zoning. For the last five […]
Over the last five years, several states, including New York (2020), California (2022), Illinois (2023), and Michigan (2023) have adopted comprehensive permitting reforms that curtail the power of local governments to block development of large-scale renewable energy projects. In two states, New York and Michigan, local governments have sued to […]
Solar for All Implementation in 2025 Following his inauguration on January 20, 2025, President Trump signed an executive order directing the Environmental Protection Agency (EPA) to freeze the $7 billion Solar for All (SfA) program created via the Inflation Reduction Act (IRA). SfA represents a massive investment in residential solar […]
Over the last 10 years, dozens of townships in Michigan have effectively halted renewable energy development by adopting severe zoning restrictions, such as moratoriums. Many of these local restrictions, however, may become moot after November 29, 2024, when a new state law that reforms the siting process for large-scale wind, […]
Renewable energy projects have encountered significant opposition in at least 45 states. In addition, at least 228 local laws, ordinances and policies have been enacted in 35 states to restrict renewable energy projects, according to a report, Opposition to Renewable Energy Facilities in the United States, issued on May 31 […]
On June 30, 2022, the State of California joined the State of New York in adopting legislation that allows state authorities to bypass local laws in permitting large-scale renewable energy projects. California’s new law, AB 205, gives the California Energy Commission (the “commission”) authority to issue a certificate for any: […]