Blog

Energy & Climate Counsel

Your one-stop resource for timely analysis of legal and policy developments affecting the energy and climate sectors. We focus on the issues that matter most to you, from federal and state policy and judicial decisions to business trends and financing news.

Maine PUC Delays Enforcement of Net Energy Billing Statute While U.S. District Court Weighs Preliminary Injunction
Blog December 04, 2025
Maine PUC Delays Enforcement of Net Energy Billing Statute While U.S. District Court Weighs Preliminary Injunction
Projects are still responsible for complying with changes to the NEB program that go into effect on January 1, 2026, though companies can be certain that the MPUC will not seek enforcement actions related to those changes until the court rules on the plaintiffs’ motion for preliminary injunction, potentially as late as March 2, 2026…
DPU Issues Long-Anticipated Net Metering Ruling
Blog February 21, 2024
DPU Issues Long-Anticipated Net Metering Ruling
On February 15, 2024, the Massachusetts Department of Public Utilities (“DPU”) issued a much-anticipated order in docket D.P.U. 21-100 that finally promulgates regulations (220 CMR 18.00) to implement 2021 statutory changes to the Net Metering Program…
DPU Orders the Creation of an Energy Storage Interconnection Review Group
Blog March 18, 2022
DPU Orders the Creation of an Energy Storage Interconnection Review Group
Energy storage systems (“ESS”) can help increase grid efficiency, facilitate the operation of increasing amounts of renewable energy, and lower energy costs, among other benefits. As energy storage systems increase in number in Massachusetts, a myriad of questions have emerged regarding their regulation and integration into the electrical grid. DPU Order On February 9, 2022, the Massachusetts Department of Public Utilities (“DPU”) released an order under Docket 19-55 with the goal of…
Massachusetts DPU Issues Decisions on Energy Storage and Capacity Rights
Blog February 07, 2019
Massachusetts DPU Issues Decisions on Energy Storage and Capacity Rights
On February 1, 2019, the Massachusetts Department of Public Utilities issued two long-awaited orders in docket D.P.U. 17-146. The orders address a number of issues related to pairing energy storage systems (“ESS”) with net metering facilities and the rights to the capacity associated with net metering and SMART facilities. There are too many issues in these orders to address each fully here, but below are some high-level highlights…
Massachusetts Senate Committee on Global Warming and Climate Change Releases Far-Reaching Draft Legislation
Blog February 13, 2018
Massachusetts Senate Committee on Global Warming and Climate Change Releases Far-Reaching Draft Legislation
Yesterday, February 12, 2018, the Massachusetts Senate Committee on Global Warming and Climate Change released a Proposed Draft of legislation staking out an ambitious and far-reaching set of policies across a wide range of sectors. There is a lot in the proposal and we are still reviewing the details, including the differences among mandates, targets, goals and discretionary authority. For now…
Massachusetts Department of Public Utilities Investigates Issues Relating to Net Metering, Energy Storage, and Forward Capacity Market Participation
Blog November 01, 2017
Massachusetts Department of Public Utilities Investigates Issues Relating to Net Metering, Energy Storage, and Forward Capacity Market Participation
On October 3, 2017, the Massachusetts Department of Public Utilities (“DPU”) opened a new docket (D.P.U. 17-146) to investigate two issues: whether energy storage systems paired with net metering facilities are eligible for net metering and what should be done to clarify the rights of net metering facilities to participate in the Forward Capacity Market (“FCM”). These issues have been percolating for years.  In fact, D.P.U…
SMART Moves to a New Forum: Massachusetts Department of Public Utilities to Consider a SMART Tariff
Blog October 10, 2017
SMART Moves to a New Forum: Massachusetts Department of Public Utilities to Consider a SMART Tariff
Stakeholders have been following the development of “SMART” as a successor to the SREC program in Massachusetts for more than a year.  (See our previous posts on the development process here, here, and here.)  As it stands, SMART reflects a determined effort by the Department of Energy Resources (DOER) to craft a program that balances multiple interests and sets a sustainable path for solar development in Massachusetts…
State Programs to Encourage Zero-Emitting Generation Are Constitutional
Blog July 24, 2017
State Programs to Encourage Zero-Emitting Generation Are Constitutional
Late last month, the 2nd Circuit Court of appeals rejected a challenge to Connecticut laws intended to encourage use of renewable energy.  Earlier this month, Judge Manish Shah, of the Northern District of Illinois, issued a companion decision, rejecting challenges to the Illinois Future Energy Jobs Act, which grants “Zero Emission Credits” to certain facilities, “likely to be two nuclear power plants owned by Exelon in Illinois.” (Caveat:  This firm represents…
Tesla Petitions DPU for Solar + Storage Facility's Right to Net Metering Credits
Blog June 22, 2017
Tesla Petitions DPU for Solar + Storage Facility's Right to Net Metering Credits
For the purposes of qualifying for net metering credits, section 138 of M.G.L. c. 164 defines a “Solar Net Metering Facility” as “a facility for the production of electrical energy that uses sunlight to generate electricity and is interconnected to a Distribution Company.”  The statute and accompanying regulations are silent regarding the co-location of energy storage equipment with such a qualifying Solar Net Metering Facility. National Grid has interpreted this silence to be a total…
1 of 3

Blog Editors

ABOUT

Foley Hoag’s Energy & Climate Counsel blog aims to be your one-stop resource for timely analysis of legal and policy developments affecting the energy and climate sectors. We focus on the issues that matter most to our readers, from federal and state policy and judicial decisions to business trends and financing news.

Our authors, comprised of attorneys from the firm’s Energy & Climate practice, have been active in the energy and climate space for decades, counseling clients across the spectrum – from new, innovative technology companies to large utility-scale power projects. Recognizing early on the common concerns of the renewable and traditional energy fields, we established one of the first integrated practices to serve all segments of the energy and clean technology sectors. We believe this tight integration provides us with the insight to analyze the pressing issues, trends and opportunities that those in this industry have come to expect.

Related Services

Our fluency in healthcare laws and policy helps us to help our clients develop successful strategies for navigating the complex health care environment. Learn more about our practices and focus areas within the healthcare industry:

Industry
Energy & Climate
During this era of innovation and disruption across the energy, clean technology and climate industries, we guide clients through a complex and evolving technology, regulatory and financing landscape
Practice
Capital Markets
Our Capital Markets practice covers the full spectrum of securities offerings, helping clients structure transactions and in navigate regulatory requirements to enable clients to obtain necessary funding and exploit market windows from initial funding through exits.
Practice
Global Business & Human Rights
Launched over two decades ago, our Global Business & Human Rights practice was one of the first to help clients implement and advance internationally recognized human rights, social and environmental policies that align with legal requirements and emerging best practices while protecting operations from risk.
Practice
Environmental Permitting & Compliance
Environmental compliance is an essential part of doing business. We provide our clients with legal strategies based on deep knowledge of laws and regulations, and innovative approaches crafted around your business needs.
Practice
Patent Prosecution, Strategy & Management
Our respected patent attorneys, patent agents and technology specialists help clients successfully develop and manage intellectual property to achieve their business goals
Practice
Emerging Company & Venture Capital
Our lawyers have a long track record of partnering with high growth companies and the investors powering the innovation, on their journey from idea to exit.
Practice
Environmental, Social & Governance
Our multi-disciplinary team — comprised of business, litigation, energy, environmental, and human rights advisors — will help you develop and implement an ESG program specifically designed for your organization’s needs. We’ve been doing this since the 1980s, and have the experience and institutional memory to craft impactful and cutting edge ESG strategies.

Blog Editors

Blog Authors

Stay Up to Date

Subscribe to Energy & Climate Counsel

We use cookies to enhance user experience, improve functionality and performance, and for analysis of website traffic. By clicking “accept”, you agree to the use of cookies. For more information about our cookie policy and the information we collect, please review our Privacy Statement.