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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.

Updated Hydrogen Emissions Model Provides Key Insights into Biogas and Fugitive Methane Feedstock Emissions
Blog January 17, 2025
On January 15, 2025, Department of Energy released updated versions of the 45VH2-GREET lifecycle greenhouse gas emissions model and accompanying instructional manual…
2024 Clean Energy Bill Addresses Massachusetts Natural Gas Policies
Blog January 09, 2025
The new law addresses natural gas through several different avenues, with some changes intended to limit the expansion of natural gas distribution systems in the Commonwealth…
A Boon for Biogas: Treasury’s Final Section 48 ITC Rules Resolve Key Concerns for Biogas and RNG Projects
Blog December 09, 2024
On December 4, 2024, the Department of the Treasury finalized new rules governing the Section 48 Investment Tax Credit. The ITC applies to a broad range of clean energy projects, including biogas projects, which were added to the ITC by the Inflation Reduction Act…
New York Releases Preliminary Outline of Cap-and-Invest Program
Blog December 21, 2023
On December 20, 2023, the New York State Department of Environmental Conservation (DEC) and the New York State Energy Research and Development Authority (NYSERDA) released a pre-proposal outline of New York State’s Cap-and-Invest Program and Mandatory Greenhouse Gas (GHG) Reporting Program…
Boston Bans Fossil Fuels in New and Renovated City Buildings
Blog August 03, 2023
On July 31, 2023, Boston Mayor Michelle Wu signed an executive order ending the use of fossil fuels in new construction and major renovations of city-owned buildings. Although city buildings comprise a small percentage of overall carbon emissions in Boston, the new executive order aligns with larger efforts to decarbonize both publicly and privately owned buildings throughout Boston…
Berkeley Seeks Re-Hearing of Ninth Circuit’s Decision on Natural Gas Ban Preemption
Blog July 06, 2023
In April, a three-judge panel in the Ninth Circuit Court of Appeals held that the City of Berkeley’s ordinance prohibiting natural gas infrastructure in new buildings was preempted by federal law. In June, Berkeley asked the Ninth Circuit for an en banc rehearing of the case. The Biden administration submitted an amicus brief supporting Berkeley’s petition for a rehearing…
Energy Leaders Debate Role of FERC, States, Gas Demand, and Renewables in Determining Future of New
Blog June 27, 2023
Last week the federal Energy Regulatory Commission (“FERC”) hosted a bevvy of New England state regulators and energy industry stakeholders to discuss potential solutions to electricity and natural gas-related challenges facing New England…
Supreme Court to Decide Eminent Domain Case
Blog February 08, 2021
The U.S. Supreme Court has agreed to review a case that will have far-reaching consequences for interstate pipeline projects. The case, PennEast Pipeline Co. v. New Jersey, involves a FERC-approved natural gas pipeline that would pass through New Jersey and Pennsylvania. PennEast invoked the federal government's eminent domain power under the Natural Gas Act to claim easements over New Jersey-owned lands…
Massachusetts AG Petitions DPU to Investigate Gas Industry Future in Light of Commonwealth's GHG Emissions Goals
Blog June 10, 2020
On June 4, 2020, the Massachusetts Office of the Attorney General (AGO) filed a petition with the Department of Public Utilities (DPU) requesting that the DPU open an investigation “to assess the future of local gas distribution company (LDC) operations and planning in light of the Commonwealth's legally binding statewide limit of net-zero greenhouse gas (GHG) emissions by 2050.” Citing Massachusetts' Global Warming Solutions Act, and the Executive Office of Energy and Environmental…
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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.