Archives: wind turbine

FTC Regulates What You can Say about Your Solar Panels

A business that generates renewable energy, say, with solar panels, but sells the Renewable Energy Certificates (RECs) for that renewable energy may not then claim it “uses” renewable energy. The Federal Trade Commissions has prescribed that such would be deceptive. That guidance from the FTC is not new, but as both onsite and offsite renewable … Continue Reading

The Birds: Migratory Bird Treaty Act redux without Tippi Hedren

By Stuart Kaplow on December 13, 2020 Posted in Federal, LEED, Solar Panel, wind turbine

Three weeks ago the U.S. Fish and Wildlife Service proposed a regulation to finally resolve and codify the legal principal that an incidental bird take resulting from an otherwise lawful activity, for example a sparrows flies into a solar panel, is not prohibited under the Migratory Bird Treaty Act. The Fish and Wildlife Service is … Continue Reading

Migratory Bird Treaty Act Will Apply Only to Intentional Takes

By Stuart Kaplow on February 9, 2020 Posted in Codes and Regulations, Environmental, Solar Panel, wind turbine

Last week, the U.S. Fish and Wildlife Service proposed a rule clarifying that the scope of the Migratory Bird Treaty Act only extends to conduct intentionally injuring birds. Conduct that results in the unintentional (incidental) injury or death of migratory birds is not prohibited under the act. As I described in a 2017 blog post, … Continue Reading

Renewable Energy Claim is Deceptive

By Stuart Kaplow on March 4, 2018 Posted in Energy, Solar Panel, wind turbine

This past week and there have been many other times this law firm was consulted about a marketing claim by a building owner with rooftop solar panels that advertises they “use” renewable energy, but the owner sells Renewable Energy Certificates (RECs) for the renewable energy it generates, so the Federal Trade Commission says it shouldn’t … Continue Reading

Criminal Conviction in Trade Secret Theft of the Wind

By Stuart Kaplow on January 28, 2018 Posted in Energy, wind turbine

While many people focused on the tariffs of 30% imposed by the United States on imported solar photovoltaic cells and modules last week, most missed the larger renewable energy news story that after an 11 day trial, last Wednesday a federal jury in Wisconsin convicted Chinese firm Sinovel of stealing wind technology, including the theft … Continue Reading

Green Building Law Update

Environmental Law and Sustainability for Business