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…
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…
What's the Future for Climate Litigation in the US After Juliana?
Blog May 03, 2024
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…
Montana Youth Plaintiffs Prevail: One-Off or Tidal Wave?
Blog August 15, 2023
Yesterday, the plaintiffs prevailed in the Montana climate litigation. Time will tell whether the decision will end up being seen as a watershed moment or just a blip. In trying to answer that question, it does seem worth briefly reviewing what the case was actually about and what the decision says…

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.