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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.

Can the Administration Persuade States Not to Bring Climate Litigation?
Blog January 30, 2026
Last year, the United States sued the State of Michigan, seeking a preemptive court order preventing Michigan from filing suit against firms in the “fossil fuel industry”…
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…
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…
Montana Protects a Constitutional Right to a Stable Climate:  Will Any Other States Follow Suit?
Blog December 19, 2024
The Montana Supreme Court affirmed a lower court ruling in favor of plaintiffs in a climate case based on certain provisions of the Montana constitution…
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…

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.