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Recent Biden Administration Orders Affecting the Energy Industry

In his first week in office, President Biden and administration officials have issued various Executive Orders, memoranda and other agency directives reversing previous Trump Administration policies and/or establishing new policies for federal agencies, which some have characterized as a fossil fuel freeze….

Minerals for New Technologies and Low Carbon Economies

Co-Authored by Stuart Butzier – Modrall Sperling and Casper Herler – Borenius Attorneys, Helsinki, Finland Originally printed in the Newsletter of the International Bar Association’s Mining Law Committee…

Renewable Energy Wind Farm

New Mexico’s Renewable Energy Outlook Following 2017 Legislative Session

April 7, 2017 was the last day for the Governor to sign, veto, or pocket veto any bills passed by the New Mexico legislature during the 2017 legislative session.  What passed and what did not is significant for New Mexico’s renewable energy…

Considerations with Renewable Energy Development and Severed Mineral Estates

Renewable energy developments include hundreds of millions of dollars of capital investment and rely on micro-siting of generation equipment to ensure optimal performance. Therefore, these developments are particularly sensitive to any possibility of surface use for mineral exploration and development that could…

Wind Energy: Challenged Under Federal Regulations, but More Native American Nations Appear to Be Embracing Its Development

Wind farms offer a source of low-carbon energy and are being developed around the world as governments and private entities seek new sources of energy to power our world.  Development of wind farms is not a simple task, though, and developers are…

IRS Concludes Tribe May Pass on to Lessee Investment Credits Associated with Renewable Energy Asset

The Internal Revenue Service’s (“IRS”) recent non-binding decision that a Tribe could pass on investment credits associated with renewable energy assets to the Tribe’s lessee may encourage future development on tribal lands because the non-tribal developer can benefit from the Tribe’s investment…

BIA Issues Final Regulations Governing Residential, Business, and Wind and Solar Resource Leasing on Indian Lands

The Revised Rule: On November 27, 2012, the Bureau of Indian Affairs issued the long-awaited and substantially revised regulations[1. See Notice of Final Rulemaking, 77 Fed. Reg. 72,440 (Dec. 5, 2012).] addressing non-agricultural surface leasing of Indian land under the Indian Long Term…