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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.

Massachusetts AGO Rejects Yet Another Municipal Solar and Battery Storage Moratorium
Blog March 13, 2026
Massachusetts AGO Rejects Yet Another Municipal Solar and Battery Storage Moratorium
On March 11, 2026, the Massachusetts Attorney General’s Office (“AGO”) disapproved a proposed temporary zoning moratorium on large-scale solar installations and battery energy storage systems (“BESS”) in the Town of Blandford…
Massachusetts Permitting and Siting Reform is On the Way! What Does That Mean For Your Projects?
Blog December 12, 2024
Massachusetts Permitting and Siting Reform is On the Way! What Does That Mean For Your Projects?
On November 20, 2024, Massachusetts Governor Maura Healey signed “An Act Promoting a Clean Energy Grid, Advancing Equity, and Protecting Ratepayers,” into law…
Mass. AG: Municipal Prohibition of Stand-alone Battery Storage Systems Violates State Law
Blog April 04, 2023
Mass. AG: Municipal Prohibition of Stand-alone Battery Storage Systems Violates State Law
The Massachusetts Attorney General recently issued a written opinion denying approval of a zoning bylaw amendment passed by the Town of Wendell, which would have prohibited stand-alone battery energy storage facilities in all the town's zoning districts. This is a significant development, marking the first time the Attorney General has expressly ruled that municipalities cannot prohibit or unreasonably regulate stand-alone battery storage systems. Under state law…
Losses Continue to Mount For ExxonMobil in its Fight to Prevent State Attorney General Climate Investigations
Blog April 07, 2022
Losses Continue to Mount For ExxonMobil in its Fight to Prevent State Attorney General Climate Investigations
On March 15, 2022, the Second Circuit rejected an appeal brought by ExxonMobil attempting to block investigations by the New York and Massachusetts Attorneys General into historical claims made by Exxon regarding climate change.  These cases have a long procedural history in both state and federal courts as Exxon has employed multiple procedural vehicles to attempt to halt the investigations.  Generally, both investigations relate to whether Exxon intentionally mislead investors and the…
Massachusetts Attorney General Strikes Down First Municipal Fossil Fuel Ban
Blog July 27, 2020
Massachusetts Attorney General Strikes Down First Municipal Fossil Fuel Ban
Just over a year ago, the city of Berkeley, California, became the first City in the United States to ban natural gas hookups in new buildings.  The trend of municipalities enacting fossil fuel bans, driven by a desire to reduce greenhouse gas emissions and combat climate change, has spread across California and a few other states and has now reached the east coast.  Yesterday, the Massachusetts Attorney General's Municipal Law Unit struck down the first such municipal fossil fuel ban to…
Massachusetts AG Petitions DPU to Investigate Gas Industry Future in Light of Commonwealth's GHG Emissions Goals
Blog June 10, 2020
Massachusetts AG Petitions DPU to Investigate Gas Industry Future in Light of Commonwealth's GHG Emissions Goals
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…
Its the Energy Markets, Stupid (And Energy Markets Are Complex)
Blog March 11, 2020
Its the Energy Markets, Stupid (And Energy Markets Are Complex)
This week, the Massachusetts Attorney General's office released a white paper documenting the results of a symposium convened last fall to discuss how electric markets should be organized to manage the transition to a “low / no-carbon future.”  Policy wonks, such as myself, will find it fascinating reading, though it is moderately dense stuff. Seriously, it is important to acknowledge that these issues are as complex as they are important…
Is Competitive Supply Working for Residential Customers in Massachusetts?
Blog February 14, 2019
Is Competitive Supply Working for Residential Customers in Massachusetts?
The Massachusetts Department of Public Utilities (“DPU”) wants to know.  The DPU recently opened docket D.P.U. 19-07  to investigate whether improvements can be made to the retail electric competitive supply market in Massachusetts.  In opening the docket, the DPU posed over 20 detailed questions to stakeholders on which it is seeking comments by February 19, 2019. Whether competitive supply markets are working for residential customers in Massachusetts is not a new question…
Eversource Proposes Rate Increases and $400 Million in Grid Modernization Investments
Blog January 26, 2017
Eversource Proposes Rate Increases and $400 Million in Grid Modernization Investments
On January 17, 2017, Eversource Energy filed a petition with the Massachusetts Department of Public Utilities (DPU) that would increase base distribution rates for its 1.4 million electricity customers across the Commonwealth.  The company's proposal states that it would increase a typical residential customer's total monthly bill by approximately seven percent in eastern Massachusetts and approximately ten percent in the western part of the state.  According to the petition, the rate…
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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.

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