As the number of solar projects continues to grow in Louisiana, a chief concern among Louisiana taxpayers is ensuring that these projects are properly decommissioning upon their abandonment.  Solar development is largely in its infancy in Louisiana, with only a handful of projects having been constructed to date.  However, lawmakers are acting now to ensure

Last week, the Louisiana Governor’s Office hosted Louisiana Wind Week 2021 to assess Louisiana’s future in offshore wind energy development. Louisiana Wind Week followed the Bureau of Ocean Energy Management (BOEM)’s first Gulf of Mexico Intergovernmental Renewable Energy Task Force meeting, which was held on June 15.
Continue Reading Louisiana’s Future in Offshore Wind: Takeaways from Louisiana Wind Week

Perhaps the most important right granted in a solar development agreement is the right of the solar developer to use the surface of the property to evaluate, construct, and operate the solar farm.  But how can the solar developer ensure that its right to use the surface of the property is not encumbered by or inferior to the rights of others?  Or, more specifically, how can the solar developer ensure that a mineral estate owner will not be able to locate a well in the middle of its solar farm?  This issue is at the forefront of the minds of the renewables industry and was the subject of a recent Texas Court of Appeals decision.  As renewable energy projects continue to multiply, clashes between solar developers and mineral interest owners will increase as well.
Continue Reading Solar Leasing in Louisiana: The Accommodation Doctrine

On June 9, 2021, Texas Governor Greg Abbott signed House Bill 1284 (“HB 1284”), which was introduced along with its Senate companion, SB 450, during the state’s 87th legislative session.  HB 1284 grants the Texas Railroad Commission (“RRC”), the governmental agency that regulates the state’s oil and gas industry, sole jurisdiction over Class VI Injection Wells and carbon capture, use, and sequestration (“CCUS”) activities in Texas.
Continue Reading New Legislation Signals Strong Support for CCUS in Texas

On June 8, 2021, the Bureau of Ocean Energy Management issued a Request for Interest (RFI) to assess interest in possible commercial wind energy leasing in the Gulf of Mexico OCS. BOEM will consider the information received in response to the RFI to determine whether to schedule a competitive lease sale or issue a noncompetitive lease for any portion of the area descried in the RFI. The area covered by the RFI comprises the entire Central Planning Area and Western Planning Area of the Gulf of Mexico, excluding portions of those areas located in water depths greater than 1,300 meters.
Continue Reading BOEM Assessing Interest in Wind Energy Leasing in the Gulf of Mexico

On February 5, 2021, the Fish Wildlife Service (“FWS”), under the Biden administration, announced that it was delaying the effective date of a rule promulgated by the Trump administration regarding “incidental takes” and the Migratory Bird Treaty Act (“MBTA”). On January 7, 2021, the Trump administration published a final rule interpreting the MBTA as not

Governor Edwards’ Climate Initiatives Task Force published the Louisiana Climate Initiatives Interim Report earlier this month, which outlines the process by which the Task Force plans to develop climate actions to reduce greenhouse gas emissions in Louisiana.

In February 2020, Governor Edwards committed to forming a Climate Initiatives Task Force for the purpose of developing

2021 is already poised to offer substantial growth in the area of carbon capture and sequestration (“CCS”). On January 21, Elon Musk announced on Twitter that he will donate $100 million to the “best” carbon capture technology, chosen through a competition whose details and judging criteria are yet to be announced. Further, on February 1

Several pieces of energy-industry legislation are teed up for debate as state legislatures reconvene for their first sessions of 2021. With topics ranging from offshore oil and gas moratoriums to restrictions on natural gas flaring and venting, the following is an overview of notable energy legislation to be heard in state legislatures this year.

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