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Troutman Pepper Locke

D.C. Circuit Declines to Reconsider its Prior Order Restoring an Emergency Affirmative Defense for Emissions Violations Under the...

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On January 2, 2026, the D.C. Circuit declined to rehear en banc its prior order restoring the Clean Air Act’s (CAA) Title V affirmative defense to liability for excess emissions caused by emergency events. A group of...more

ArentFox Schiff

White House Review Signals Final Stages of EPA’s Recission of Obama-era Greenhouse Gas Endangerment Finding

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Last week, the White House began its interagency review of the Environmental Protection Agency’s (EPA) final rule to rescind its 2009 Greenhouse Gas Endangerment Finding and related vehicle greenhouse gas (GHG) standards....more

King & Spalding

Foreign Investment in Venezuela: Assessing Gaps in Investor Protections Amid Emerging Opportunities

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In the early morning hours of January 3, 2026, the U.S. military carried out an operation in Venezuela to remove and bring President Nicolas Maduro to face criminal charges in New York. President Trump has made clear that...more

Bennett Jones LLP

Alberta Advances Regulatory Changes to Facilitate Data Centre Development

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On December 11, 2025, two bills addressing data centre development in the province received Royal Assent: Bill 8 enacted the Utilities Statutes Amendment Act, 2025, which amends the Electric Utilities Act (EUA) to...more

Troutman Pepper Locke

FERC Terminates Au Train Hydroelectric Project License by Implied Surrender

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On December 29, 2025, FERC terminated the hydropower license for the 0.9-megawatt Au Train Hydroelectric Project (FERC Project No. 10856), located on the Au Train River in Alger County, Michigan (Termination Order). FERC...more

K&L Gates LLP

Race for Space Superiority: Trump Administration Continues Sweeping Space Policy Changes

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Recent developments in Washington point to a decisive shift in US space policy. ...more

JAMS

What Europe's Renewable Energy Struggles Can Teach U.S. Regulators About Dispute System Design

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As U.S. regulators confront the intersection of energy transition, emerging technology governance and large-scale infrastructure modernization, a cautionary example is emerging from Europe. The European Union’s (EU) most...more

Troutman Pepper Locke

US Army Corps of Engineers Finalizes 2026 Nationwide Permit Package

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On January 8, 2026, the U.S. Army Corps of Engineers finalized 57 Nationwide Permits first proposed in June of last year. Nationwide Permits (NWPs) are streamlined federal permits for activities that affect waters of the...more

McCarter & English, LLP

Venezuela After Maduro: Key Legal and Commercial Considerations for US Companies and Investors

Recent US actions resulting in the removal of Venezuelan President Nicolás Maduro from power represent a significant inflection point in US–Venezuela relations. These developments have prompted renewed scrutiny of sanctions,...more

Troutman Pepper Locke

ISO-NE Seeks to Establish a Prompt Capacity Market and Deactivation Framework

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On December 30, 2025, ISO New England Inc. (ISO-NE) and the New England Power Pool Participants Committee (NEPOOL) filed proposed revisions to ISO-NE’s Transmission, Markets and Services Tariff (Tariff) to establish a prompt...more

Bennett Jones LLP

Canada's Q4 2025 M&A Landscape

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The value of Canadian M&A transactions surged in 2025, driven primarily by large cap deals and an acute focus on infrastructure and resources. Total deal value last year was US$118 billion higher than 2024 on slightly fewer...more

Oliva Gibbs

You can’t just bury your problems (or pipelines): The Byrne Oil decision

Oliva Gibbs on

In Bryne Oil Co. v. Walraven, the Eastland Court of Appeals (the “Court”) considered whether a lessor may bury a lessee’s pipelines after the lessee delays doing so and then seek reimbursement for the cost of burial....more

Baker Botts L.L.P.

Navigating the U.S. “Dual-Track” Venezuela Sanctions Policy Post-Maduro

Baker Botts L.L.P. on

The U.S. military operation on January 3, 2026, and the subsequent extraction of Nicolás Maduro, has significantly shifted regional dynamics in the Western Hemisphere....more

Morgan Lewis

2040 EU Climate Target and Related EU Climate Policy Developments

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The European Union remains committed to achieving climate neutrality by 2050, as enshrined in the European Climate Law. That Law set a first intermediate target of at least a 55% net reduction in greenhouse gas (GHG)...more

Thompson Coburn LLP

Avoiding Enforcement Risk: Outage Reporting Lessons from Recent FERC Settlements

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FERC recently issued two orders approving stipulation and consent agreements between the Office of Enforcement and Regulatory Accounting (“Enforcement”) and two jurisdictional utilities related to outages and derates (partial...more

Hogan Lovells

FDI Outlook 2026: National security review in the transition to a multipolar world

Hogan Lovells on

As 2026 begins, foreign direct investment (FDI) screening has moved from a “deal risk” concern into a core strategic variable for boards and investors. Two dynamics are reshaping the landscape simultaneously: A macroeconomic...more

Perkins Coie

FERC Orders PJM To Revise Tariff To Accommodate Co-Located Load Arrangement

Perkins Coie on

The Federal Energy Regulatory Commission (FERC) recently issued an order (the Order) in its PJM co-location docket, finding that PJM’s open access transmission tariff, operating agreement, and reliability assurance agreement...more

Troutman Pepper Locke

US-Venezuela Oil Reset: Sanctions, State-Directed Crude Sales, and What Comes Next for the Industry

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On January 7, the U.S. Department of Energy (DOE) announced a significant shift in the U.S. government’s approach to Venezuela’s oil sector, pairing targeted sanctions relief with a U.S.-directed framework for the marketing...more

Seyfarth Shaw LLP

Five Decision Gates Hyperscalers Use to Select Power Partners

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Hyperscalers are reshaping the power market, and they are doing so faster than traditional utility planning cycles can accommodate. AI-driven data centers require massive load, compressed timelines, and execution certainty...more

Troutman Pepper Locke

EPA May Redefine ‘Begin Actual Construction’ in Permit Reform Intended to Expedite Construction of Emissions-Generating...

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The U.S. Environmental Protection Agency (EPA) has expressed its intent to propose a rule to revise the regulatory definition of “begin actual construction” under the Clean Air Act’s (CAA) New Source Review (NSR)...more

Troutman Pepper Locke

Implications of the Arrest of Nicolás Maduro for US OFAC Sanctions on Venezuela

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In the wake of Nicolás Maduro’s capture and transfer to the United States for prosecution on drug‑trafficking–related charges, senior U.S. officials have made clear that Venezuela‑related sanctions will remain in place for...more

Beveridge & Diamond PC

United States Seeks to Invalidate California Cities' Natural Gas Bans in New Buildings

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On January 5, 2026, the Trump administration filed suit in the U.S. District Court for the Northern District of California against two California cities, Morgan Hill and Petaluma, seeking to invalidate local ordinances...more

Foley Hoag LLP - Energy & Climate Counsel

Data Center Deployment in Maine: Challenges, Policy and Development Updates, and Permitting Considerations

Currently, data center capacity in the United States is concentrated in northern Virginia and in several large cities throughout the country, but continued demand for additional data center capacity may encourage developers...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Waste...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”)  addressed in a January 6th Interpretive Letter clarification of the Hazardous Materials Regulations (“HMR”) applicable to the definition of a...more

Miller Starr Regalia

Third District Affirms Judgment Denying Validation of DWR Bonds to Finance Amorphously Defined “Delta Program” Conveyance...

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In a mostly published 43-page opinion filed December 31, 2025, the Third District Court of Appeal affirmed the trial court’s judgment in consolidated actions consisting of the Department of Water Resources’ (“DWR”) in rem...more

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