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Mayer Brown

Legal Developments in Construction Law: January 2026

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1. Knowledge requirements for waiver by election in contractual termination rights - The Court of Appeal recently considered the principle of waiver by election, specifically whether a party’s conduct following a contractual...more

K&L Gates LLP

2026 Regulatory Outlook: Advanced Recycling

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The recycling industry, traditionally seen as stable, is in an era of innovation and growth. A class of advanced recycling technologies is emerging to address plastics that conventional recycling methods cannot process,...more

Mayer Brown

FERC Directs PJM to Facilitate Co-Location Arrangements

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On December 18, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an order (the “Order”) directing PJM Interconnection, L.L.C. (“PJM”), the largest independent grid operator in the United...more

Kelley Drye & Warren LLP

Changes to TCEQ Rules Affect Compliance History and Penalty Calculations

Today, the Texas Commission on Environmental Quality (“TCEQ”) adopted significant changes to existing rules that will affect how compliance history is calculated, updated, and applied....more

Baker Botts L.L.P.

P2N0 - Edition 40 - News and Views on the Drive Towards Net-Zero GHG Emissions

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Welcome to Edition 40 of P2N0 covering the drive to avoid, reduce and remove greenhouse gas (GHG) emissions to progress to net-zero GHG emissions (NZE). This Edition 40 provides a summary of 2025....more

Baker Botts L.L.P.

Commodity Futures Trading Commission (“CFTC”) Seeks to Expand Hedging Options for Energy End-Users

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On December 21, 2025, the CFTC’s Market Participants Division (“MPD”) issued a no‑action letter that could materially expand hedging options for commercial energy companies by allowing firms to exclude certain “Energy...more

Spilman Thomas & Battle, PLLC

The Dome Report: A Fast Start for the West Virginia Legislature in 2026

The West Virginia Legislature started its 60-day regular session on January 14, 2026 at breakneck speed with a total of 565 bills – 306 in the House and 238 in the Senate – introduced on the first day and with new leadership...more

Herbert Smith Freehills Kramer

EPA’s proposed rescission of its 2009 endangerment finding

On July 29, 2025, the Environmental Protection Agency (EPA) proposed rescinding its 2009 Greenhouse Gas Endangerment Finding (Endangerment Finding). Issued by EPA in response to the Supreme Court’s 2007 holding in...more

Quarles & Brady LLP

Illinois Governor Signs Wide-Ranging Energy Legislation Addressing Battery Storage, Nuclear Power, Renewables, and More

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On January 8, 2026, Illinois Governor J.B. Pritzker signed the Illinois Clean and Reliable Grid Affordability Act (“CRGA”). CRGA is the most wide-ranging energy legislation passed in Illinois since the 2021 Climate and...more

Perkins Coie

Water District’s Groundwater Replenishment Charges were Unconstitutional Taxes Under Proposition 26

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The Court of Appeal affirmed rulings that a water district’s groundwater replenishment charges were unconstitutional “taxes” because the District failed to prove the cost-allocation requirement of Proposition 26’s...more

Paul Hastings LLP

Environmental Groups Challenge Interior Department’s New NEPA Procedures

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Environmental groups recently challenged the U.S. Department of the Interior’s new, flexible approach to implementing the National Environmental Policy Act (NEPA). Applicants seeking to use federal lands for natural resources...more

Blake, Cassels & Graydon LLP

Ontario’s Protect Ontario by Securing Affordable Energy for Generations Act, 2025: Expediting Regulatory Approvals for Energy...

This bulletin was updated January 14, 2026. On June 3, 2025, the Ontario government introduced Bill 40, the Protect Ontario by Securing Affordable Energy for Generations Act, 2025 (Act), to expedite regulatory...more

Bergeson & Campbell, P.C.

EPPA Will Hold February Webinar on “Shaping the ETS/CBAM Reforms: Strategic Insights for Energy-Intensive industries”

On February 10, 2026, EPPA, a Brussels-based regulatory and public affairs consultancy, will hold a webinar on “Shaping the ETS/CBAM Reforms: Strategic Insights for Energy-Intensive industries.” According to EPPA, as of 2026,...more

Spilman Thomas & Battle, PLLC

The Trump Administration's EPA: Deregulation in 2026

Two recent actions by the United States Environmental Protection Agency (USEPA) show the Trump administration’s commitment to the coal industry and to redefine the landscape of electricity generation over the next decade. ...more

Brownstein Hyatt Farber Schreck

Taxation & Representation, Jan. 2026 #2

House and Senate Lawmakers Reach Deal on FSGG Funding: On Sunday, lawmakers released the Fiscal Year (FY) 2026 Financial Services and General Government (FSGG) appropriations bill and joint explanatory statement. The bill...more

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

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