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Full-Text Articles in Law

Beyond Tax Credits: Smarter Tax Policy For A Cleaner, More Democratic Energy Future, Felix Mormann Jul 2014

Beyond Tax Credits: Smarter Tax Policy For A Cleaner, More Democratic Energy Future, Felix Mormann

Faculty Scholarship

Solar, wind, and other renewable energy technologies have the potential to mitigate climate change, secure America’s energy independence, and create millions of green jobs. In the absence of a price on carbon emissions, however, these long-term benefits will not be realized without near-term policy support for renewables. This Article assesses the efficiency of federal tax incentives for renewables and proposes policy reform to more cost-effectively promote renewable energy through capital markets and crowdfunding.

Federal support for renewable energy projects today comes primarily in the form of tax incentives such as accelerated depreciation and, critically, tax credits. Empirical evidence reveals that …


Addressing Wind Power Intermittency In The Ercot And Spp Regions, Elizabeth Drews, Cedric Ireland, Neil Yallabandi Jan 2014

Addressing Wind Power Intermittency In The Ercot And Spp Regions, Elizabeth Drews, Cedric Ireland, Neil Yallabandi

Texas A&M Journal of Property Law

This Article explores efforts to address challenges involving wind power intermittency in two United States power regions: the South- west Power Pool (“SPP”) and the Electric Reliability Council of Texas (“ERCOT”). SPP and ERCOT are good case studies regarding these issues because each has among the strongest wind resources in the country, most of which are in isolated, sparsely populated areas and need long transmission lines to reach major load (electricity consumption) centers. Those circumstances increase the challenge of integrating intermittent wind generation into the electric system (grid).


Navigating The Winds Of Change: Licensing, Registration, And Regulatory Overlay For Wind Farms And Associated Transmission In Texas, Dennis W. Donley Jr., Stephanie S. Potter Jan 2014

Navigating The Winds Of Change: Licensing, Registration, And Regulatory Overlay For Wind Farms And Associated Transmission In Texas, Dennis W. Donley Jr., Stephanie S. Potter

Texas A&M Journal of Property Law

The State of Texas leads the United States in wind energy generation capacity—it has more than twice the wind generation capacity of the next-closest state, California. If Texas was an independent nation, it would rank sixth in the world in total installed wind capacity. Texas has a rich history of legislation and regulatory effort to thank for these statistics, which reflects the knowledge that energy and infrastructure drive the economy. Starting in 1999, Texas became one of the first states to enact a Renewable Portfolio Standard (“RPS”). The RPS set a state-wide goal for new renewable energy installation with deadlines …


Ride Like The Wind: Selected Issues In Multi-Party Wind Lease Negotiations, Rod E. Wetsel, Steven K. Dewolf Jan 2014

Ride Like The Wind: Selected Issues In Multi-Party Wind Lease Negotiations, Rod E. Wetsel, Steven K. Dewolf

Texas A&M Journal of Property Law

The large-scale wind industry arrived in Texas in the early years of the twenty-first century with the intensity of a spring tornado. It was a welcome relief to farmers and ranchers beset by years of no rain and falling prices, and they lined up in droves to hear about and sign new wind leases. It was a new dawn for energy lawyers too. Gone were the days of one-on-one representation in the leasing of land. The new era required landowner attorneys to represent dozens or perhaps hundreds of people at a time. This is the story of the issues and …


Sins Of The Father, K.K. Duvivier Jan 2014

Sins Of The Father, K.K. Duvivier

Texas A&M Journal of Property Law

This Article will first provide some general background about severance and the related doctrine of dominant–servient estates. Next, it will address oil and gas severance specifically. Third, it will track the parallels and distinctions between the history of wind severance and the oil and gas history set out in Section II. Finally, Section IV will address the problems with the current responses to wind severance.


Lessons Of Wind Policies In Texas, Joshua Linn, Clayton Munnings Jan 2014

Lessons Of Wind Policies In Texas, Joshua Linn, Clayton Munnings

Texas A&M Journal of Property Law

Since the late 1990s, Texas has experienced more wind generator investment than any other U.S. state. It now has the most installed wind capacity of any state, and wind power accounts for a larger share of total generation in Texas than in most other states. Favorable wind resources and the relative ease of siting large projects have contributed to Texas’s prominence in wind investment and generation. Numerous policies have also played important roles, such as the federal tax credit for wind generation, the state’s renewable portfolio standard (“RPS”), and a regulatory environment conducive to new investment in the electric power …