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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.

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”)…
“Knowledge itself is power”: Foley Hoag Tracking President Trump’s Unprecedented Use of Executive Orders
Blog June 23, 2025
In the first six months of his second term, President Donald Trump has set a new benchmark for the use of executive orders, proclamations and emergency declarations, surpassing all previous presidents since Franklin D. Roosevelt in both pace and scope…
The Funding Games: America’s Clean Energy and Infrastructure Funding Under the Trump Administration
Blog February 14, 2025
As we warned in a January 29 client alert, President Trump’s Executive Orders and the subsequent Office of Management and Budget (OMB) memorandum ordering federal agencies to “temporarily pause” any and all activities related to funding disbursements and obligations were “just the beginning…
A Fossil-Forward U.S. Energy Policy Begins to Take Shape under Trump
Blog January 23, 2025
President Trump began his second term by issuing a barrage of executive orders, memoranda, and other directives, many of which targeted U.S. energy policy and the federal employees who implement it…
How Will the Election Results Affect the Supreme Court (If At All!)?
Blog November 01, 2024
As the election approaches, lawyers, clients, and those who don’t have enough to do are beginning to speculate about what the election might mean for the Supreme Court…
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…
Biden Expands Consideration of Social Cost of Carbon by Federal Agencies
Blog September 22, 2023
On August 15, 2023, ISO New England presented preliminary results for an extended timeframe through Winter 2032 as the next phase in its ongoing exploration of potential resource adequacy impacts during extreme winter weather…
Supreme Court Curtails Federal Wetlands Protections; Developers Still Must Consider State and Local Wetlands Laws
Blog May 31, 2023
On May 25, 2023, the Supreme Court issued its long-awaited decision in Sackett v. Environmental Protection Agency, which significantly narrowed the Clean Water Act's (“CWA”) test for determining whether wetlands are protected “waters of the United States” and the federal permitting requirements for development projects in covered wetlands areas. The Court's Ruling The Supreme Court's ruling has two basic parts: It adopts Justice Scalia's plurality opinion in Rapanos v…
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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.