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The Biden Administration has moved quickly to nominate new
leadership at the Securities and Exchange Commission
( SEC or Commission ). President Biden, in a
move that provides insight into his priorities and the approach his
administration will pursue with regard to regulatory action, has
nominated former Commodity Futures Trading Commission
( CFTC ) Chairman Gary Gensler to lead the SEC. Mr.
Gensler, who led the CFTC during the Obama Administration in the
aftermath of the 2008 financial crisis, is expected to take a
tougher stance toward Wall Street than the prior administration
A recent Texas case,
Lyle v. Midway Solar, S.W. 3d, 2020 WL 7769632 (Tex. App. Ct., El Paso 83
rd Dist. 2020), addressed a challenge that many solar developers wrestle with: how to handle minerals owners. The El Paso Court of Appeals clarified this complex issue and demonstrated the importance of properly addressing the minerals on a site prior to developing a project.
Key Takeaways for Renewable Energy Developers:
This is an important case that renewable energy developers can look to in assessing the minerals on a project site. First, the court actually acknowledged that Texas was a leader in energy and produced the largest share of oil and gas, but that public policy favors adding renewable energy sources into the State’s energy portfolio, which is a great development for renewable energy developers. This case focuses on the conflict between the surface/solar owner and mineral owner/developer, which is always an issue especially for solar developers. The opinion does not add
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