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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.

What Regulators Can’t See: The American Efficient Case and the Future of Demand-Side Oversight
Blog May 28, 2026
On April 15, 2026, the Federal Energy Regulatory Commission (“FERC”) imposed a $722 million civil penalty against American Efficient, LLC (“American Efficient”) and its affiliates in one of the largest enforcement actions in FERC’s history…
Massachusetts Finalizes Clean Energy Siting and Permitting Rules
Blog March 11, 2026
After more than a year of hard work by regulators and stakeholders, Massachusetts has finalized the bulk of the regulations needed to implement the siting and permitting reforms enacted in the 2024 Climate Act…
How NYSERDA's Contracts Might Reduce Electricity Costs
Blog March 04, 2026
With skyrocketing electricity load growth, ongoing electrification of U.S. transportation and heating sectors and a new conflict in the Middle East roiling energy markets, the prospect of rising electricity prices is top of mind for policymakers, politicians, market participants and ratepayers around the country…
Presidential Shakeup (Once Again) Presents Opportunity for State Climate Action
Blog December 09, 2024
President Trump’s reelection sent shockwaves through the renewable energy community. With campaign pledges to dismantle Biden-era climate programs funded by the Inflation Reduction Act and the Bipartisan Infrastructure Law and possible cuts to the federal workforce, Trump appears poised to withdraw from global climate leadership…
Massachusetts DPU Approves Utilities’ Electric Sector Modernization Plans
Blog September 17, 2024
On August 29, 2024, the Massachusetts Department of Public Utilities issued a highly anticipated order approving the Electric Sector Modernization Plans filed by the three Massachusetts electric distribution companies, Eversource, National Grid, and Unitil. The ESMPs will provide a strategic roadmap for the EDCs’ plans to make significant investments in their electric distribution systems to support state clean energy goals…
U.S. Department of Energy Releases Cybersecurity Baselines for Utilities and DERs
Blog March 06, 2024
As part of the Biden Administration’s efforts to align energy cybersecurity efforts across the country, the U.S. Department of Energy has funded the release of a set of energy distribution cybersecurity baselines for entities participating in the nationwide grid transition…
EFSB Tentative Decisions Decline Jurisdiction over Battery Energy Storage Systems
Blog May 01, 2023
In tentative decisions issued on April 26, 2023 (here and here), the Massachusetts Energy Facilities Siting Board (EFSB) proposes to conclude that it lacks jurisdiction under current laws to review battery energy storage systems (BESS).  These decisions were issued in two dockets – Cranberry Point Energy Storage, EFSB 21-02, and Medway Grid, LLC…
Biden Administration Announces $3.1 Billion Grant Program for Battery Processing and Manufacturing to Support Clean Energy and Transportation
Blog May 06, 2022
On May 2, 2022, the U.S. Department of Energy (DOE) announced the release of a funding opportunity announcement (“FOA”) through which DOE may provide $3.1 billion in grant funding to support projects that will accelerate the development of a resilient supply chain for high-capacity batteries.  This FOA, the authority for which is provided in the Infrastructure Investment and Jobs Act (“IIJA”), is the first release of more than $7 billion included in the IIJA to strengthen the U.S…
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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.