Adam Massaro, Sturm College of Law 2010 JD Graduate, Wins "Excellence in Writing Award" From ABA Probate & Property Magazine for Solar Energy Article

Adam Massaro, University of Denver Sturm College of Law 2010 JD graduate, won an Excellence in Writing Award from the editors of ABA Probate & Property for his article, “Solar Power for Commercial Buildings,” that appeared in the January/February 2010 issue.

Adam walks a lawyer through issues he or she must understand when advising a client, building owner or tenant, who wishes to participate in a distributed solar energy opportunity by installing a solar generation system.

The article discusses Renewable Energy Credits (RECs); three methods for obtaining commercial solar (solar power purchase agreement with a third party developer, purchase and installation of a system, and a solar lease); and net metering (where the utility gives credits for surplus solar energy generated).

Adam writes that, “Commercial Solar presents an opportunity for building owners and tenants to achieve both sustainability and business goals.” He counsels that federal and state incentives determine the economics of commercial solar. In this growing market, Adam predicts, “more and more building owners and tenants will seek the advice of lawyers before obtaining Commercial Solar.”

Adam wrote this piece with faculty supervision in the summer of 2009. “The law school’s directed research program provided me the opportunity to work directly with a highly skilled advisor in Professor K.K. DuVivier,” he says. “She was a tremendous resource for a young law student who was seeking his first publication.”

Directed research at the Sturm College of Law is an opportunity for students to research and write on any area of law approved by a full-time faculty member who agrees to direct the project. It is one way to fulfill the law school’s upper level writing requirement.

Professor DuVivier, who is currently writing her own book on renewable energy law, reports that, “Adam took the initiative on this cutting-edge issue of renewable energy practice, and he well deserves this national recognition. I was delighted to supervise his work on this article as part of a directed research project. His accomplishment shows that an enterprising second-year law student can make a valuable contribution to the practice at the same time he is earning law school credit.”

Currently Adam Massaro is a judicial law clerk at the Colorado Court of Appeals for Judge Nancy Lichtenstein. He plans to practice law in Denver after his clerkship ends in August 2011.

Congratulations to Adam Massaro for winning the Excellence Award for “Best Technology/Law Practice Management Article,” bestowed by the editors of ABA Probate & Property.

To see the full text of the article, please click here.

Commercial Real Estate Owners Looking to Solar Panels to Boost Revenues

It is no surprise that the past year has been a challenging one for many sectors of the economy, not least the owners of commercial real estate. However, some times good results can come from bad situations and this may be the case with commercial real estate.

The Financial Times ("Solar Power Boost for US Rental Outfits," Dec. 23, 2009) has reported that, "Real estate trusts are showing an increasing interest in renting roof space to companies and utilities that can install and manage solar panels on top of their buildings."

A number of real estate owners including ProLogis and AMB Property consider rooftop solar projects as significant business opportunities, according to the FT piece.

Paul Adornat, a BMO Capital Markets investment analyst, told the FT, "An industrial building can completely satisfy all of its electricity needs plus put some additional power back into the grid."

Energy Law Prof. KK DuVivier Authors Op-Ed Commentary About The Need to Protect Solar Access in Denver's City Code

Prof. KK DuVivier, who teaches energy law and mining law at DU, makes a compelling case in an op-ed commentary published yesterday in The Denver Post ("Retain Solar Access in Code," Oct. 28, 2009) that the city zoning code, which is poised to be updated soon, must take into account solar access protections.

Prof. DuVivier wrote, "The proposed code is ambitious and visionary and could move Denver forward in many ways. But we must also move forward, and not back, with solar access. Only then can Denver be proud of its legacy as a model to the nation for sustainability."

She noted that despite the fact that Denver has on average 300 days a year of sunshine and is in an ideal location for solar power, a "solar bulk plane" protection was removed from the zoning code in 2003. Bearing in mind the need for more secure sources of energy and current incentive programs, "Everyone has a stake in keeping these solar panels protected from 'shade pollution,'" she wrote.

Prof. DuVivier is no stranger to energy-related issues. Before becoming a lawyer, she worked as a geologist in the uranium mining business so she understands all aspects of the often complicated area of energy policy. Students who come to DU benefit from professors like KK DuVivier who understand the past and are looking to the future. Check her op-ed out. I think you will agree.

U.S. "Next Big Thing" in Solar Development?

In recent years, the U.S. has lagged behind other nations in terms of solar power development. But that may change in the very near future.

A recent article in the Financial Times ("Potential of the Sun Dawns on the U.S.," Aug. 19, 2009) quotes an official at the Underwriters Laboratories energy department who puts it this way: "Most manufacturers around the world see the U.S. as the next big thing for solar."

Additionally, as the FT noted, the clean technology research group Pike Research said recently that by 2014 the U.S. may lead the world in solar energy. Today the U.S. lags behind Germany, Spain, and Japan. Germany has an installed base of 5.3 gigawatts, nearly four times more than the U.S. has. The German sector has been aided by a "feed in tariff," which requires German utilities to purchase all solar energy produced at an above market cost.

Significant "Upside" in Wind Energy, According to Pew Center Report

The United States could derive 20 percent of its electricity from wind by 2030 if wind turbines were installed twice as fast as the wind industry achieved in 2008.

A new report, "Wind and Solar Electricity: Challenges and Opportunities," published by the Pew Center on Global Climate Change, says, "There appear to be no fundamental material, manufacturing, or labor barriers to achieving this" target.

However, additional spending of between $3 and $4 billion per year would need to be invested in the transmission system. Moreover, the report suggested that the grid can manage 20 percent of wind penetration although at a cost of about five percent of electricity generated by wind.

Growing solar-generated electricity would be more expensive than wind. Reaching a one percent solar contribution by 2030 would mean installing 900 megawatts of capacity per year.

Currently, wind and solar contribute about two percent of the entire electricity portfolio. Conventional hydro provides an additional six percent.