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. Legislative efforts include New York...more
5/12/2025
/ Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Energy Sector ,
Environmental Justice ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Global Warming ,
Greenhouse Gas Emissions ,
Preemption ,
State and Local Government ,
Trump Administration
In the twelve weeks since Inauguration Day, President Trump has issued dozens of executive orders, a number of which are designed to reverse the nation’s momentum on clean energy and climate action. He has sought to upend...more
4/16/2025
/ Clean Energy ,
Climate Change ,
Energy Policy ,
Environmental Justice ,
Environmental Policies ,
Executive Orders ,
Fossil Fuel ,
Governors ,
Offshore Wind ,
Renewable Energy ,
Solar Energy ,
State Attorneys General ,
Trump Administration
On April 8, the White House issued an Executive Order aimed at “Protecting American Energy from State Overreach.” While the direct effects from this Executive Order are hard to assess, the Trump Administration clearly intends...more
We previously reported on New York State’s enactment of the Climate Change Superfund Act (the “Climate Superfund Act” or the “Act”), groundbreaking legislation that seeks to recover $75 billion from fossil fuel producers for...more
3/12/2025
/ Climate Action Plan ,
Climate Change ,
Constitutional Challenges ,
Corporate Counsel ,
Energy Sector ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Infrastructure ,
Legislative Agendas ,
New York ,
Oil & Gas ,
Superfund
President Trump began his second term by issuing a barrage of executive orders, memoranda, and other directives, many of which targeted U.S. energy policy and the federal employees who implement it. Trump had campaigned on...more
1/24/2025
/ Clean Energy ,
Climate Action Plan ,
Climate Change ,
Energy & Climate Debates ,
Energy Policy ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fossil Fuel ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Offshore Wind ,
Paris Agreement ,
Permits ,
Renewable Energy ,
Solar Energy ,
Tax Credits ,
Trump Administration ,
Wind Power
With the incoming Trump administration poised for an attack on federal environmental regulations, states are quickly emerging with actions on climate change. On December 26, 2024, New York Governor Kathy Hochul signed into...more
1/10/2025
/ Carbon Emissions ,
Clean Air Act ,
Climate Change ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Infrastructure ,
State and Local Government ,
Superfund
In this Issue: Mission is Market -
As with many, we in the Foley Hoag energy and climate practice have felt the results of the 2024 election reverberate through our industry. We’ve gathered and digested the most current...more
12/20/2024
/ Biden Administration ,
Charging Stations ,
Clean Energy ,
Climate Change ,
Electric Vehicles ,
Electricity ,
Energy Projects ,
Energy Sector ,
Energy-Efficiency Tax Credits ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Funding ,
Inflation Reduction Act (IRA) ,
Investment ,
Investors ,
Legislative Agendas ,
Production Tax Credit ,
Regulatory Agenda ,
Renewable Energy ,
Tariffs ,
Tax Credits ,
Trump Administration ,
U.S. Treasury
President Trump’s reelection sent shockwaves through the renewable energy community. With campaign pledges to dismantle Biden-era climate programs funded by the Inflation Reduction Act and the Bipartisan Infrastructure Law...more
12/10/2024
/ Charging Stations ,
Clean Energy ,
Climate Action Plan ,
Climate Change ,
Electric Vehicles ,
Energy Projects ,
Energy Sector ,
Energy Storage ,
Environmental Justice ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Legislative Agendas ,
Regulatory Agenda ,
Renewable Energy ,
Solar Energy ,
State and Local Government ,
Sustainability ,
Transmission Grid ,
Trump Administration
On October 16, 2024, the United States Supreme Court shot down requests from states and industry groups to stay the implementation of the Environmental Protection Agency’s (EPA) rule to reduce carbon emissions from coal-fired...more
10/17/2024
/ Carbon Capture and Sequestration ,
Clean Air Act ,
Climate Change ,
Energy Sector ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Regulatory Agenda ,
Regulatory Requirements ,
Utilities Sector
In this Issue: Permitting Reform, the Supreme Court, EV’s, and Climate Week 2024 -
After nearly a decade as New York State’s environmental chief, I recently joined Foley Hoag to help the firm’s clients emerge as global...more
9/19/2024
/ Climate Change ,
Electric Vehicles ,
Electricity ,
Energy Policy ,
Energy Projects ,
Energy Reform ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Regulatory Reform ,
Renewable Energy ,
Utilities Sector
Energy permitting reform is one of the hottest topics in Congress and state houses nationwide. Federal legislation is building momentum, while parallel efforts at streamlining energy approvals have also emerged at the state...more
8/27/2024
/ Clean Energy ,
Energy Policy ,
Energy Sector ,
Inflation Reduction Act (IRA) ,
Interconnections ,
Legislative Agendas ,
New Legislation ,
Permits ,
Proposed Legislation ,
State and Local Government ,
Transmission Grid ,
Transmission Lines
Four decades after the Supreme Court’s foundational decision in Chevron v. Natural Resources Defense Council, the Court has abandoned the rule established in that case: that courts should defer to executive agencies’...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Climate Change ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
The Supreme Court has released its opinion in Ohio v. EPA, a case involving whether the federal government’s “good neighbor” ozone regulations were properly promulgated. This decision impacts the authority of the U.S....more