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Encouraging Solar Development through SREC Financing

Client Alert | 1 min read | 04.12.17

The promotion of renewable energy has been an important policy goal at the state and federal levels in recent years, and public support for solar energy in particular has driven a significant increase in installed solar capacity across the United States. There are numerous federal, state and local tax incentives which encourage consumers, businesses and utilities to increase renewable energy consumption, and solar developers offer attractive financing opportunities for consumers and businesses considering the installation of solar panels to reduce their electricity costs. More recently, solar developers themselves have begun to explore financing opportunities related to another solar incentive program, Solar Renewable Energy Certificates/Credits (“SRECs”), which can provide a valuable source of liquidity for developers and other owners of solar projects. 

In this client alert, Jennifer K. Grady and Kevin Rubinstein discuss the use of SRECs as a source of financing and explore the key legal and business issues raised by such a financing structure.

Please click here to read the client alert.

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Client Alert | 3 min read | 05.28.26

PFAS Regulatory Alert: EPA Rolls Back RCRA Proposed Rule on “Hazardous Waste” but Does Not Disturb Proposed RCRA Rule on PFAS

Earlier this month, the U.S. Environmental Protection Agency (EPA) withdrew a February 2024 Biden administration proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the narrower regulatory definition. Now, EPA is maintaining the status quo for corrective action under RCRA. However, EPA’s withdrawal of its proposed RCRA hazardous waste definition makes no mention of its corresponding proposal from 2024 to list nine per- and polyfluoroalkyl substances (PFAS) as RCRA hazardous constituents.[2] This disjointed withdrawal, while providing some certainty for regulated entities, does not resolve how EPA plans to address PFAS under the RCRA program....

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