On March 4, 2026, the U.S. Nuclear Regulatory Commission (“NRC” or the “Commission”) unanimously voted to issue a construction permit to a subsidiary of TerraPower, LLC (“TerraPower”), authorizing the company to construct the...more
We previously commented on the Nuclear Regulatory Commission’s (the “NRC’s”) ongoing efforts to develop a regulatory framework for commercial fusion energy. The proposed rules have arrived. On February 26, 2026, the NRC...more
3/17/2026
/ Comment Period ,
Energy Sector ,
Environmental Impact Statements ,
NEPA ,
New Regulations ,
Notice of Proposed Rulemaking (NOPR) ,
Nuclear Fusion ,
Nuclear Regulatory Commission ,
Proposed Rules ,
Regulatory Oversight ,
Rulemaking Process
The Massachusetts Department of Environmental Protection (MassDEP) is poised to revise its Noise Policy for the first time since the Policy’s adoption in 1990. The Policy often plays a critical role in the assessment of...more
3/4/2026
/ Clean Energy ,
Comment Period ,
Department of Environmental Protection ,
Energy Projects ,
Environmental Policies ,
Infrastructure ,
Noise Control Ordinances ,
Permits ,
Regulatory Requirements ,
Renewable Energy ,
State and Local Government
As New York Governor Kathy Hochul’s commitment to renewable energy has been challenged both by Washington and by her own Administration’s evolving priorities, she has embarked on a new strategy to elevate the profile of...more
7/22/2025
/ Clean Energy ,
Climate Change ,
Energy Policy ,
Energy Projects ,
Energy Sector ,
Federal Funding ,
Government Agencies ,
New York ,
Nuclear Power ,
Renewable Energy ,
State and Local Government ,
Technology Sector ,
Trump Administration
In this Issue: Fusion, Federal Actions & Other Climate Hot Topics -
Welcome to the June 2025 edition of Climate Law Matters. Foley Hoag continues to monitor the latest legal developments affecting renewable energy,...more
In our earlier post, “Recent Federal Developments For Advanced Nuclear Technologies,” we reported on the new administration’s strong support for nuclear energy, as demonstrated by President Trump’s first-day executive order...more
The new administration has repeatedly expressed its staunch support for nuclear energy. President Trump’s first-day executive order “Unleashing American Energy” specifically encouraged the development of nuclear energy...more
5/8/2025
/ Clean Energy ,
Climate Change ,
Department of Energy (DOE) ,
Energy Policy ,
Energy Projects ,
Energy Sector ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Inflation Reduction Act (IRA) ,
New Legislation ,
Nuclear Power ,
Nuclear Regulatory Commission ,
Tax Credits ,
Technology Sector ,
Trump Administration
On April 17, 2025, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). This...more
4/25/2025
/ Chevron Deference ,
Comment Period ,
Endangered Species Act (ESA) ,
Enforcement ,
Government Agencies ,
Land-Use Permits ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Proposed Rules ,
Regulatory Reform ,
Statutory Interpretation ,
US Fish and Wildlife Service
In April 2023, we reported on federal efforts to streamline fusion energy regulations. At that time, the Commissioners of the Nuclear Regulatory Commission (NRC) voted to approve a proposal expected to accelerate the...more
4/18/2025
/ Clean Energy ,
Department of Energy (DOE) ,
Energy Policy ,
Energy Sector ,
Government Agencies ,
Nuclear Fusion ,
Nuclear Regulatory Commission ,
Proposed Rules ,
Regulatory Reform ,
Renewable Energy ,
Rulemaking Process
On April 13, 2023, the Commissioners of the Nuclear Regulatory Commission (NRC) voted to approve a proposal that will accelerate the commercialization of fusion energy in the United States. Specifically, the NRC determined...more
On February 10, 2023, the Public Land Preservation Act (PLPA), Chapter 274 of the Acts of 2022, (M.G.L. Ch. 3 §5A), went into effect. It both codifies existing practices and creates new obligations that public entities in the...more
Each year since 1995, with the exception of 2020, the United Nations Framework Convention on Climate Change (UNFCCC) has hosted a Conference of Parties (COP), where members of the UNFCCC negotiate issues relating to reducing...more
Food is a big part of why Thanksgiving is my family’s favorite holiday. Over the years, we have tried to eat sensibly and sustainably, and to waste less food. But on the Monday after Thanksgiving, I suspect we are not alone...more