As we have discussed in earlier posts,  the Federal Energy Regulatory Commission (FERC) recently gave states a green light to develop strong renewable energy programs known as feed-in tariffs (FITs).  A lot of people have been asking us how a state can design a strong FIT program without worrying about federal preemption. With generous support from the Alliance for Renewable Energy (ARE) (using funds provided by the Eleventh Hour Project), ELAW has published two documents to help renewable energy advocates understand and navigate federal and state jurisdiction as it relates to FITs.  I hope you find these documents useful and that you will share your thoughts with us.  I intend to continually replace these documents with fresh versions as we hear from more people interested in these issues.

Please read Adopting State Feed-in Tariff Laws without Federal Preemption  and Available Paths for Designing Strong State Feed-in Tariffs and send us your comments!

Jen Gleason
Staff Attorney