The International Law Firm of Fulbright & Jaworski - Western Lands & Energy

March 17, 2011 Authors: L. Poe Leggette, Erik Swenson, Lucy H. Deakins

 I Didn't Say That!: "No Oral Modification" Clauses in Energy Transactions

Although routinely inserted in contracts as boilerplate, "no oral modification" clauses are rarely enforced in Western states. Such non-enforcement provokes concerns that should be dealt with at every stage of a business from contract drafting and due diligence through litigation. This brief guide presents the law from the Western states and provides practice pointers to guide you on avoiding "no oral modification" clause problems in your contracts. More...

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Solar Project Development on Federal and Indian Lands

The Bureau of Land Management and the Department of Energy are already in mid-process in designing a Solar Energy Program to expedite the development of utility-scale solar energy projects on federal lands in Arizona, California, Colorado, Nevada, New Mexico, and Utah. Late last year BLM announced its approval of eight solar projects reviewed under its "fast-track process," and last week announced nine additional solar projects to complete the fast-track process in 2011. But six of last year's approvals are the subject of lawsuits, and one has been preliminarily enjoined.
In a web seminar hosted by the American Council on Renewable Energy and the American Bar Association on March 16, 2011, Fulbright partner Erik J. A. Swenson discussed recent expansion in the solar project market, and Poe Leggette discussed the basics of what solar project developers and investors should know about developing utility-scale solar projects on Federal and Indian lands. Learn more by clicking on the following links: 

031611 Intro ABA-ACORE Webinar.pdf
LPL Notes Utility-Scale Solar Projects on Federal and Indian Lands.pdf
Utility-Scale Solar Projects on Federal and Indian Lands

Contributors to this issue are Poe Leggette, Erik J.A. Swenson, and Lucy D. Arnold