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.

Rising Cyberattacks on U.S. Water Infrastructure: Federal Guidance and Next Steps for Operators
Blog August 17, 2026
Rising Cyberattacks on U.S. Water Infrastructure: Federal Guidance and Next Steps for Operators
Recent guidance issued by Federal agencies warns that malicious cyber actors are targeting internet-facing operational technology (“OT”) used by water and wastewater utilities, particularly PLCs…
Wading Into New York’s 2025 NYS Wetlands Permitting Changes
Blog October 30, 2025
Wading Into New York’s 2025 NYS Wetlands Permitting Changes
Over the last year, the New York State (“NYS”) wetlands permitting and statutory regime has been flooded with activity as the impacts of the 2022 statutory amendments ripple outward…
A Challenge to the Constitution for the Ocean? Understanding Trump’s Deep Sea Mining Executive Order
Blog May 29, 2025
A Challenge to the Constitution for the Ocean? Understanding Trump’s Deep Sea Mining Executive Order
On April 24, 2025, President Trump signed a far-reaching executive order aimed at accelerating the development of deep-sea mining for critical minerals beneath both United States and international waters…
Supreme Court Curtails Federal Wetlands Protections; Developers Still Must Consider State and Local Wetlands Laws
Blog May 31, 2023
Supreme Court Curtails Federal Wetlands Protections; Developers Still Must Consider State and Local Wetlands Laws
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…
BLM Rescission of the Methane Waste Prevention Rule Has Been Vacated; Two Thoughts About the Implications
Blog July 23, 2020
BLM Rescission of the Methane Waste Prevention Rule Has Been Vacated; Two Thoughts About the Implications
Last week, Judge Yvonne Gonzalez Rogers vacated BLM's rescission of the 2016 methane “Waste Prevention Rule.”  Although Judge Rogers found many flaws in the rescission rule, I think that two are key.  The first is the Court's rejection, under Chevron, of BLM's limitation of the definition of “waste” to economic waste.  I think that the Court's holding is correct…
Massachusetts DPU Seeks Input for Net Metering of Small Hydro Facilities
Blog October 17, 2014
Massachusetts DPU Seeks Input for Net Metering of Small Hydro Facilities
Massachusetts may soon add hydroelectric facilities to the growing list of net metering eligible distributed generation in Massachusetts. The Massachusetts Department of Public Utilities has issued a notice and order opening a proceeding (DPU 14-118) under which DPU will take the first steps towards developing legislation to enable net metering of small hydro. Enabling small hydro to participate in net metering has the potential to provide benefits not only to owners of such current…

Blog Editors

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.

Related Services

Our fluency in healthcare laws and policy helps us to help our clients develop successful strategies for navigating the complex health care environment. Learn more about our practices and focus areas within the healthcare industry:

Industry
Energy & Climate
During this era of innovation and disruption across the energy, clean technology and climate industries, we guide clients through a complex and evolving technology, regulatory and financing landscape
Practice
Capital Markets
Our Capital Markets practice covers the full spectrum of securities offerings, helping clients structure transactions and in navigate regulatory requirements to enable clients to obtain necessary funding and exploit market windows from initial funding through exits.
Practice
Global Business & Human Rights
Launched over two decades ago, our Global Business & Human Rights practice was one of the first to help clients implement and advance internationally recognized human rights, social and environmental policies that align with legal requirements and emerging best practices while protecting operations from risk.
Practice
Environmental Permitting & Compliance
Environmental compliance is an essential part of doing business. We provide our clients with legal strategies based on deep knowledge of laws and regulations, and innovative approaches crafted around your business needs.
Practice
Patent Prosecution, Strategy & Management
Our respected patent attorneys, patent agents and technology specialists help clients successfully develop and manage intellectual property to achieve their business goals
Practice
Emerging Company & Venture Capital
Our lawyers have a long track record of partnering with high growth companies and the investors powering the innovation, on their journey from idea to exit.
Practice
Environmental, Social & Governance
Our multi-disciplinary team — comprised of business, litigation, energy, environmental, and human rights advisors — will help you develop and implement an ESG program specifically designed for your organization’s needs. We’ve been doing this since the 1980s, and have the experience and institutional memory to craft impactful and cutting edge ESG strategies.

Blog Editors

Blog Authors

Stay Up to Date

Subscribe to Energy & Climate Counsel

We use cookies to enhance user experience, improve functionality and performance, and for analysis of website traffic. By clicking “accept”, you agree to the use of cookies. For more information about our cookie policy and the information we collect, please review our Privacy Statement.