Publications: Renewable Energy

Land Use Conflicts Between Wind and Solar Renewable Energy and Agricultural Uses

Peggy Hall, Director, Ohio State University Agricultural & Resource Law Program
Whitney Morgan & Jesse Richardson, West Virginia University College of Law

The terms “solar farm” and “wind farm” could not more perfectly demonstrate the inevitable pairing of renewable energy and agriculture as uses of land. At the same time, harvesting the sun and wind and converting both to energy forms usable to mankind are far from traditional agricultural practices. This paper first reviews the issues arising between renewable energy and agriculture when siting the two uses, highlights results of research on the status of state laws in place that weigh the interests of renewables and use of agricultural lands, and compiles recommendations from existing laws, recent state bills, as well as leading resources on siting renewables on agricultural lands, including model code language. Download this article. Posted 1/10/22

Farmland Owner’s Guide to Solar Leasing

Peggy Hall, Director, Ohio State University Agricultural & Resource Law Program
Evin Bachelor, Senior Research Associate, Ohio State University Agricultural & Resource Law Program
Eric Romich, Associate Professor and Field Speciality, Ohio State University Extension

This guide intends to help farmland owners understand solar energy development and the solar energy leasing process. While the guide includes specific information for Ohio, other information about solar leasing in the guide is relevant for farmland owners in any state. This guide will familiarize and educate readers on the language and terms they will encounter in a solar lease. Further, the final chapter of the guide organizes solar leasing issues into a checklist tool that reviews questions to ask and actions to take when thinking about solar energy development on the farm.  Download this article. Posted 8/15/19

Understanding Solar Energy Agreements

Shannon Ferrell, Professor, Oklahoma State University

Landowners interested in having solar panels placed on their property encounter many legal issues and concerns.  This handbook is a brief entry into the considerations that should be understood and addressed before a contract is signed.  It includes sections explaining how solar projects work, how to learn more about the interested developer, how agreements are structured, how agreements might affect other land usage and your responsibilities as a landowner.  It further discusses the typical length of contracts and payment structure, as well as the responsibilities of each party at the end of the contract.  Finally, it gives tips for managing the cost of an attorney, as well as finding an attorney knowledgeable in the area.  View this compilation. Posted 6/18/2019

  

Issue Brief: Renewable Fuel Standard: Establishment & Current Events

Brigit Rollins, Research Fellow; National Agricultural Law Center
Elizabeth Rumley, Senior Staff Attorney; National Agricultural Law Center

This short informational piece provides essential background, current events, relevant legal issues, and additional resources regarding the establishment of the Renewable Fuel Standard, along with current events and controversies.  Download this article. Posted 10/8/18 


Wind Energy Leasing Handbook — Workbook

Shannon Ferrell Oklahoma State University and

Rusty W. Rumley Staff Attorney National Agricultural Law Center

This handbook was written in conjunction with four workshops held in Oklahoma and Arkansas on legal risks associated with entering into a wind energy leasing contracts and how best to manage the opportunities and issues that may arise during the process. The book consists of four chapters; Understanding the Electrical Power Industry, Understanding the Wind Power Industry, Understanding Wind Energy Agreements, and Impacts of Wind Leasing Projects. This book was written by Dr. Shannon Ferrell and Steve Stadler from Oklahoma State University, and Rusty Rumley and Charles Cunningham from the National Agricultural Law Center.     Download this article. Posted November 30, 2012.


States’ Biofuels Statutory Citations

Shannon Mirus Staff Attorney and

Paul Goeringer Research Associate National Agricultural Law Center

Each state in the United States has enacted statutes relating to biofuels. These statutes vary from tax incentives for biofuel production to labeling of biofuel for resale to the very definition of a biofuel. This compilation of state statutory citations focuses predominantly on biofuels laws in effect January 1, 1970 through December 31, 2007. In some instances, regulations have been included in the compilation due to their significance. This compilation is intended to serve as a researcher-friendly inventory of state laws by providing the formal title of relevant legislation, the standard legal citation for each statute and a brief description of the law. Some statutes and regulation listed do not specifically relate to biofuels but are included because of their complementary relationship to the evolution of biofuels law in the state.        Download this article. Posted: April 28, 2009.


Biofuels Statutory Citations: United States Federal Laws

Shannon Mirus Staff Attorney National Agricultural Law Center

This compilation of federal statutory citations focuses predominantly on biofuels laws in effect January 1, 1970 through December 31, 2007.  In some instances, regulations have been included in the compilation due to their significance.  This compilation is intended to serve as a researcher-friendly inventory of federal laws by providing the formal title of relevant legislation, the standard legal citation for each statute and a brief description of the law. Some statutes and regulations listed, such as the Trans-Alaska Pipeline Authorization Act, do not specifically relate to biofuels but are included because of their complementary relationship to the evolution of biofuels law in the U.S.        Download this article. Posted: April 28, 2009.


The Renewable Fuels Standard Provisions Under the Clean Air Act: Overview and Recent Developments

Eric Foy Research Associate National Agricultural Law Center

Pursuant to the Federal Clean Air Act (CAA), as amended by Section 1501 of the Energy Policy Act of 2005, Congress required the Environmental Protection Agency to promulgate regulations implementing a renewable fuels program.  These regulations are commonly referred to as the Renewable Fuels Standards (RFS).  The RFS outline the total volume of renewable fuel that must be blended each year as part of the domestic fuel supply.  In addition, EPA allows states to petition for waiver of the RFS in the event of severe economic or environmental harm, or inadequate domestic supply of renewable fuel.   This article discusses the RFS and addresses the recent petition for waiver of the RFS submitted by the state of Texas.       Download this article. Posted: July 8, 2008.


Biofuels:  Policy and Business Organization Issues

Doug O’Brien Research Assistant Professor of Law, Senior Staff Attorney University of Arkansas National Agricultural Law Center Staff Attorney, Drake University Agricultural Law Center

The burgeoning renewable fuels industry has the potential to radically reshape production agriculture, and farmers have an important role to play in this movement.  Whether as producers of renewable feedstock, investors in renewable fuel plants or consumers of the renewable fuels, farmers have a direct interest in how the sector develops.  The renewable fuel boom has implications across the agricultural sector – from the land use choices such as the possibility that Conservation Reserve Program acres will be drawn into use for renewable energy to the livestock sector that will need to compete for feedstuffs.  The focus of this article is on some of the direct policy and legal issues advisors should think about in considering how to advise those who want to participate in the renewable energy industry.  A snapshot of the sector will be given, followed by a description of some of the most significant federal renewable energy policies.  The article will then focus on direct legal issues, in particular some business organization issues.   Download this article Posted: September 6, 2006