By Noah Shaw
The passage of the Inflation Reduction Act (“IRA”) and Bipartisan Infrastructure Bill (“BIL”) during the Biden administration marked a sea change for the clean energy transition in the United States. These landmark laws – through innovative direct funding mechanisms and tax policy – promised to accelerate the adoption of clean energy sources, boost resiliency, reduce carbon emissions, reinvigorate domestic manufacturing and create jobs for a sustainable future. Fast forward to March 2025, and we find ourselves at another, but very different, pivotal juncture. The clean energy community is once again at a transformative moment.

Immediately upon President Trump’s inauguration, significant portions of the renewable energy industry found themselves in the direct crosshairs of the new administration. With a series of executive orders halting permitting processes for both offshore and onshore wind projects, freezing financial assistance for a wide swath of clean energy financial assistance programs, and legislative threats to gut the IRA’s clean energy tax credits, among other actions, the new administration has already stripped funding, sowed uncertainty in the investment community, and invited widespread litigation. The threat to the clean energy industry is real, and the legal, regulatory and policy challenges require strong and sustained commitment.

Attorneys here at Foley Hoag have been at the forefront of navigating these new waters. From standing up in federal court for Power Forward Communities in its challenge to the Environmental Protection Agency’s attempt to terminate its $2 billion award under the Greenhouse Gas Reduction Fund; to advising on renewable energy credit contract, power purchase agreement and permitting complexities imposed upon projects by this administration’s unprecedented actions; to helping clients manage through on-again, off-again tariffs and tariff threats, we have remained and will stay wholly committed to supporting the clean energy transition community. We also have been impressed by the resilience of our clients – developers continuing to create transformative technologies and business models, financing parties adapting financial structures and deployment mechanisms to new realities, and impact investors leaning in to support the most impactful strategies – all with the knowledge that clean energy transition is inevitable and delivers the best and lowest cost solutions across an array of sectors.

We will continue, no matter the headwinds, to provide you with mission-driven service, and the latest insights, resources, and strategies to help adapt in this rapidly evolving landscape. This edition of Climate Law Matters covers some of the executive orders and developments that have happened in the first 90 days of the new administration; future editions will continue to provide these insights to help market participants make decisions and chart their course through these challenges. This thought and action leadership is core to how Foley Hoag will continue to stand up for the American innovation, economic progress and climate solutions that the clean energy transition delivers.

Read the full report here.