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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
Can the Administration Persuade States Not to Bring Climate Litigation?
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
The Prospects For Climate Change Litigation Against the United States Government Continue to Dim
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…
Trump Administration Sues Four States to Block Climate Superfund Legislation and Climate Deception Litigation
Blog May 09, 2025
Trump Administration Sues Four States to Block Climate Superfund Legislation and Climate Deception Litigation
As we have noted previously, a number of states have enacted legislation and/or brought claims against fossil fuel producers seeking payment for damages resulting from climate change…
New York State Amends Landmark “Climate Change Superfund Act” Amidst Legal Challenges
Blog March 11, 2025
New York State Amends Landmark “Climate Change Superfund Act” Amidst Legal Challenges
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More on Climate Superfund Laws and Litigation
Blog January 13, 2025
More on Climate Superfund Laws and Litigation
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…
What's the Future for Climate Litigation in the US After Juliana?
Blog May 03, 2024
What's the Future for Climate Litigation in the US After Juliana?
On Wednesday, the 9th Circuit granted a petition for mandamus from the United States and ordered the District Court to dismiss the complaint in Juliana v. United States. The 9th Circuit had previously ordered the case dismissed in 2020 and seemed much surprised that Judge Aiken gave the plaintiffs leave to amend…
What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business Regulation Act
Blog March 22, 2024
What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business Regulation Act
On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the nation, aimed at regulating participants in the voluntary carbon offset market…
$100 Million in Funding for Pilot-Scale Testing of CO2 Removal Technologies Available from DOE Through Its Carbon Negative Shots Pilot
Blog March 04, 2024
$100 Million in Funding for Pilot-Scale Testing of CO2 Removal Technologies Available from DOE Through Its Carbon Negative Shots Pilot
The US Department of Energy is providing $100 million in funding to develop commercially viable carbon dioxide removal technologies through the Office of Fossil Energy and Carbon Management’s Carbon Negative Shots Pilot program. This is the first of a series of funding opportunities intended to address the gap between CO2 removal goals and the anticipated commercial readiness of these technologies and thus focuses on more commercially advanced pilot-scale technologies…
New York Releases Preliminary Outline of Cap-and-Invest Program
Blog December 21, 2023
New York Releases Preliminary Outline of Cap-and-Invest Program
On December 20, 2023, the New York State Department of Environmental Conservation (DEC) and the New York State Energy Research and Development Authority (NYSERDA) released a pre-proposal outline of New York State’s Cap-and-Invest Program and Mandatory Greenhouse Gas (GHG) Reporting Program…
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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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