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New Forms for Renewable Energy Facilities at the N.C. Utilities Commission

The N.C. Utilities Commission has issued new forms for Renewable Energy Producers that will be required beginning May 1, 2018. These include: (1) a new Certificate for Public Convenience and Necessity (“CPCN”) Application; (2) a new Report of Proposed Construction for projects that do not require a CPCN; (3) a Registration Statement which is required for any Renewable Energy Facility seeking Renewable Energy Credits and/or to participate in the new …Read More

Governor Cooper Launches New Rural Economic Development Initiative

This week, Governor Cooper’s office announced a new initiative “Hometown Strong” aimed at providing assistance and prioritizing projects that will boost the economic development of rural counties in North Carolina. The program will be led by Pryor Gibson and Mary Penny Kelley (a former law partner of Hayes Finley). Smith Moore Leatherwood’s Infrastructure and Development team currently offers similar services to our clients and is looking forward to working with the …Read More

UPDATE: Trump Issues Tariff on Solar Panels

On January 22, 2018, the U.S. Trade Representative (USTR) Robert Lightizer announced President Trump’s approval of safeguard tariffs on imported solar cells and modules, following the U.S. International Trade Commission (ITC) hearings and recommendations. The tariffs will be applied over the next four years as follows, with a decline of 5% each year:    Year 1 Year 2 Year 3 Year 4 Safeguard Tariff on Modules and Cells 30% 25% …Read More

ITC Recommendations Include Tariffs on Solar Panels from Mexico and South Korea

Following a unanimous decision in September by the International Trade Commission (ITC) that domestic producers of solar panels have been significantly harmed by imports, the ITC sent a final report to the White House in November with proposed remedies. The four commissioners presented three different recommendations in the report to be implemented over a four-year period. The ITC found that U.S. imports from Canada, Australia, U.S.‐Dominican Republic  ( the Central …Read More

Potential Circuit Split: Is Groundwater a Conduit to Jurisdictional Surface Water Under the Clean Water Act?

On Thursday December 7, 2017 the Fourth Circuit will hear oral arguments in Upstate Forever v. Kinder Morgan Energy, on whether liability under the Clean Water Act can be imposed where a pollutant is not directly discharged into surface waters, but instead reaches surface waters through an unpermitted discharge into groundwater.  The Clean Water Act (“CWA”) prohibits unpermitted discharges of a pollutant from a point source into navigable surface waters. …Read More