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.

The Prospects For Climate Change Litigation Against the United States Government Continue to Dim
Blog October 21, 2025
Last year, when the Ninth Circuit Court of Appeals granted a mandamus petition and ordered that the complaint in Juliana v. United States be dismissed for the second time, I acknowledged that I had become more skeptical about the prospects for citizens’ climate litigation…
EPA Introduces Rule To Repeal Endangerment Finding
Blog August 01, 2025
On Tuesday July 29, the U.S. Environmental Protection Agency (“EPA”) announced a proposed rule to repeal its 2009 finding that greenhouse gas (“GHG”) emissions from new motor vehicles contribute to pollution and endanger public health and welfare (the “Endangerment Finding”)…
Trump Executive Order Targets State Climate Laws—and RGGI?
Blog April 15, 2025
On April 8, the White House issued an Executive Order aimed at “Protecting American Energy from State Overreach.”…
Climate Litigation Against the US Is Dead. How Long Will State Climate Damage Cases Survive?
Blog March 25, 2025
On Monday morning, the Supreme Court denied certiorari in Juliana v. United States. The cert…
More on Climate Superfund Laws and Litigation
Blog January 13, 2025
Last week, we posted about New York State’s enactment of the Climate Change Superfund Act. We promised to continue to monitor developments concerning climate superfund legislation and to update readers as necessary. It’s been less than a week, and here we are…
New York DPS Proposes Definitions for CLCPA’s 2040 “Zero Emissions” Mandate
Blog December 10, 2024
On November 4, 2024, in the Public Service Commission’s large-scale renewables and Clean Energy Standard docket, the New York State Department of Public Service filed a document proposing interpretations of key terms in the State’s landmark 2019 climate law, the Climate Leadership and Community Protection Act…
Supreme Court Refuses to Halt EPA Power Plant Emissions Rule Pending Federal Appeal
Blog October 17, 2024
On October 16, 2024, the United States Supreme Court shot down requests from states and industry groups to stay the implementation of the EPA rule to reduce carbon emissions from coal-fired power plants while their challenge moves forward in federal appeals court…
Supreme Court Decision Limits Ability to Curb Ozone and Other Air Emissions
Blog June 28, 2024
The Supreme Court has released its opinion in Ohio v. EPA, a case involving whether the federal government’s “good neighbor” ozone regulations were properly promulgated. This decision impacts the authority of the U.S. Environmental Protection Agency, state regulators, and those who breathe air in non-attainment areas…
1 of 4

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.