Feed-In Tariffs and Renewable Energy

Navigating Preemption, Structuring FITs and Leveraging FERC and State Developments

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Wednesday, July 13, 2011

Recorded event now available

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Course Materials

This CLE course will provide counsel to businesses involved in renewable energy production with guidance on preemption and integration issues with renewable energy standards. The panel will discuss recent developments at the state and federal levels and will outline best practices for working with feed-in tariffs.


Feed-in tariffs (FITs) are used throughout the world to promote renewable energy technology. States and municipalities are increasingly turning to FITs to promote the development of new power resources. Counsel to renewable energy producers and utilities must understand the key challenges involved.

A threshold challenge is in proper structuring. Several issues come into play that impact the FIT: the reverse auction vs. single price clearing mechanism, inclusion of publicly and investor-owned utilities, the size and type of projects, and discrimination against out-of-state projects.

Another critical challenge is raised by preemption. FERC recently issued the first order ruling on its role in a state-approved feed-in tariff, identifying conditions under which federal law governing wholesale electricity sales in interstate commerce would not preempt California’s feed-in tariff.

Listen as our authoritative panel of energy attorneys examines the issues of preemption and integration with renewable energy standards, discusses recent developments at both the state and federal level, and offers guidance for using the renewable program.



  1. Preemption
  2. Integration with state and federal renewable energy standards
  3. Recent developments
    1. Federal
    2. State
  4. Challenges of structuring FITs and best practices


The panel will review these and other key questions:

  • Under what conditions are state FITs preempted by federal statutes following the recent FERC decision?
  • How can FITs be structured to avoid creating market barriers that inhibit renewable energy technology?
  • When are FITs the best program to use for the development of renewable energy resources?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Keith M. Casto
Keith M. Casto

Shook Hardy & Bacon

He focuses on environmental regulatory and transactional consultation, environmental and toxic tort litigation, and...  |  Read More

Lyle D. Larson
Lyle D. Larson

Balch & Bingham

He maintains a public utility practice focused on the electricity industry, energy and electricity infrastructure...  |  Read More

Valerie Helbronner
Valerie Helbronner


She provides legal and strategic advice on energy projects in and outside Ontario. She focuses on renewable energy...  |  Read More

Uwe M. Erling
Uwe M. Erling

He specializes in international environmental law and emissions trading law. He contributes regularly to trade...  |  Read More

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