Category — Construction

On May 5, 2009, Ken Salazar, Secretary of the Interior, pledged to create four Renewable Energy Coordination Offices, one each in California, Nevada, Wyoming and Arizona. In addition, Salazar proposed the creation of smaller renewable energy teams located in New Mexico, Idaho, Utah, Colorado and Oregon. Such offices will expedite production of renewable energy on public lands. [Read more →]

Washington Energy Report
May 1, 2009

On April 22, the Department of the Interior’s Minerals Management Service (“MMS”) approved final regulations to establish a program to grant leases, easements, and rights-of-way (“ROW”) for renewable energy activities on the Outer Continental Shelf (“OCS”). The final rule is effective as of June 29, 2009. [Read more →]

Washington Energy Report
March 20, 2009

On Monday, Secretary of the Interior Ken Salazar and FERC Chairman Jon Wellinghoff agreed to principles that will allow the agencies to finalize a Memorandum of Understanding (“MOU”) regarding each agency’s role in developing renewable energy on the Outer Continental Shelf (“OCS”).

The agencies have previously tried to reconcile FERC’s licensing authority for hydropower with the Interior Department’s Minerals Management Service (“MMS”) jurisdiction over projects on the OCS. However, attempts to reach a formal agreement failed during the Bush administration. [Read more →]

Little more than 10 years ago, discussions of “sustainable building” programs, or “green building” initiatives, were relatively rare among owners, contractors, and design professionals involved in commercial construction projects.  Initially, there was little notice taken in 1998 when the U.S. Green Building Council developed the Leadership in Energy and Environmental Design (LEED) Green Building Rating System.  The LEED system employs a rating system in evaluating the operation, construction and design of buildings, either new or renovated, and now constitutes a “voluntary national standard” for sustainable buildings.  For reasons both economic and noble, the construction industry now is rushing to embrace sustainable construction techniques, products and projects.  And yet, the industry already is beginning to see that new liability issues and litigation claims are accompanying the sustainable design and construction revolution.  Consider the following ways in which owners, contractors and designers may find increased legal risks associated with green building. [Read more →]