As the renewable energy market expands and developers propose projects to meet state and federal clean energy goals and mandates, neighbor and community opposition to project development has risen. In many instances, local elected officials have responded by refusing to issue necessary land use and zoning approvals or by adopting zoning code amendments prohibiting or severely restricting renewable energy project development. In response, states such as California, Illinois, Michigan, and New York have enacted laws intended to overcome local challenges to permitting renewable energy projects. After providing background on the historical competing legal interests of state and local governments over land use and energy development and legal principles of state law preemption, this presentation will analyze the differences in these state-level laws and evaluate the effectiveness of their legal frameworks in promoting renewable energy development.
1.2 CLE Credits
This course has been accredited for CLE credit in Colorado. CLE credit hours shown are for Colorado only. A CLE course number for Colorado will be provided to attendees on their certificates of attendance once a course has been completed. New Mexico attorneys who complete a course must notify us (cle@rmmlf.org) because we are required to report credits for you. If this course has been approved for RPL/CPL credit with the American Association of Professional Landmen (AAPL), the credits will be listed below in a separate section for AAPL. If applicable, Component Codes for AAPL recertification will also be provided. Please contact RMMLF if you need independent verification by the provider of your attendance or participation for CLE purposes. Except as provided above, RMMLF generally does not apply for accreditation from any other MCLE/CPD organizations for its online legal education program. Upon completion of a program a certificate of attendance will be issued to all attendees. Except as provided above, attendees must verify with their respective state bars and CPD organizations and their specific rules as to whether or not the certificate of attendance will be recognized by that body for MCLE/CPD purposes, and the number of CLE/CPD credits that may be available. The live presentation of the on-demand program has been accredited in most mandatory states as part of a larger course, but such accreditation does not assure recognition of the on-demand program.
RACHEL JONES is a Partner in the San Francisco office of Cox Castle. With a focus on renewable energy projects, Rachel advises clients at all stages of project development on public and private land. She guides clients through the local, state, and federal permitting and entitlement process, provides environmental due diligence for project finance transactions, and counsels clients with ongoing land use and natural resource compliance needs. As part of Cox Castle’s Renewable Energy Development team, Rachel helps renewable energy developers site and permit utility-scale wind, solar, and battery storage projects across the western United States. Developers rely on Rachel’s land use, environmental review and natural resources permitting experience to ensure a smooth and efficient path to project approval. As former in-house public agency counsel, Rachel also takes a pragmatic approach to project permitting, helping clients to anticipate and effectively respond to agency concerns. Her areas of expertise include environmental review under the California Environmental Quality Act and the National Environmental Policy Act, land use entitlements under California’s Planning and Zoning Law, project approvals under the Federal Land Policy and Management Act, compliance with federal and state species protection laws, and wetlands and waters regulation under state and federal law.
HILARY CLARK is the Senior Director, Social Licensing at the American Clean Power Association (ACP) where she leads association and industry advocacy efforts on social licensing issues impacting the ability to develop, construct, and operate clean energy facilities at the state and local levels. Hilary brings over 20 years of government affairs, land use planning and permitting, public policy, and stakeholder engagement experience. Before joining ACP, Hilary worked for engineering consulting firms where she led land use and environmental planning efforts for siting and permitting various development projects, including utility-scale wind and solar energy projects. She began her career in 2004 with a small consulting firm where she quickly advanced her position to begin driving overall project planning and management, maintaining effective coordination with technical consultants, developers, permitting agencies, and community stakeholder groups. As a project lead, she advised clients and stakeholders on project development issues, policy changes and regulatory framework, tracked changes in the permitting landscape, and helped drive projects forward. Hilary earned her B.A. in Biology from the University of San Diego and her M.A. in International Environmental Policy from the Middlebury Institute of International Studies at Monterey.
If available, this course will include materials (PowerPoints presentations and scholarly papers) authored by the speaker or speakers. The materials will be downloadable while viewing the presentation video.
