Foley Hoag LLP - Energy & Climate Counsel

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Firm Profile: Foley Hoag LLP
Seaport West
155 Seaport Boulevard
Boston, MA 02210-2600, United States
Phone: 617.832.1000
Fax: 617.832.7000
Areas Of Practice
  • Energy & Utilities
  • Environmental Law
Locations
Other U.S. Locations
  • D.C.
  • Massachusetts
  • New York
Other Countries
  • France

Hydrogen Tax Credit Guidance to Be Finalized by Year’s End; Department of Energy Opens Emissions Value Request Process for Clean Hydrogen Producers

After months of waiting to see how federal regulators might advance clean hydrogen tax policy in the runup to and following the November election, we are finally getting some news: Several outlets are reporting that the…more
 /  Energy & Utilities, Environmental Law, Taxation

FERC Issues Proposed Rules to Enhance Grid Cybersecurity Reliability Standards

Cyberattacks on U.S. energy infrastructure have been on the rise in 2024. According to the 2024 Thales Data Threat Report, 42% of critical infrastructure companies, including those in the energy sector, suffered data breaches…more
 /  Administrative Law, Energy & Utilities, Science, Computers, & Technology

Statewide Large Building Energy Reporting Now on the Horizon in Massachusetts

As we posted previously, a lesser-known provision of the Massachusetts legislature’s 2022 An Act Driving Clean Energy and Offshore Wind created M.G.L. ch.25A §20, which requires the reporting of energy usage data for buildings…more
 /  Energy & Utilities, Environmental Law, Real Estate - Commercial, Zoning, Planning & Land Use

Massachusetts DPU Approves Utilities’ Electric Sector Modernization Plans

On August 29, 2024, the Massachusetts Department of Public Utilities (“DPU”) issued a highly anticipated order approving the Electric Sector Modernization Plans (“ESMPs”) filed by the three Massachusetts electric distribution…more
 /  Administrative Law, Energy & Utilities, Environmental Law

Catalyzing Action: How Catalytic Capital Can Help Unlock Trillions in Climate Investment

Last month, after a meeting with the G20 financing ministers, U.S. Treasury Secretary Janet Yellen announced that US$3 trillion of additive capital investment will be necessary each year (above and beyond business as usual) to…more
 /  Energy & Utilities, Environmental Law, Finance & Banking

EV Roundup - September 2024

In June 2024, the U.S. Department of the Treasury and IRS announced that U.S. consumers have saved more than $1 billion in upfront costs on their purchase of more than 150,000 clean vehicles since January 1, 2024, thanks to…more
 /  Energy & Utilities, Environmental Law, Transportation

On the Front Burner: Energy Permitting Reform

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
 /  Administrative Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Supreme Court Decision Limits Ability to Curb Ozone and Other Air Emissions

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
 /  Administrative Law, Constitutional Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Permitting Perils: Navigating Zoning Law Challenges for Battery Energy Storage Projects

While the technology of battery energy storage has advanced rapidly, the law surrounding the permitting and siting of such systems has often been slow to catch up. As a consequence — whether due to local caution or local…more
 /  Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

FERC Wholesale Distribution Service Tariffs For Energy-Storage Facilities Are In The Works For The Northeast

As energy storage facilities (“ESFs”) are developed and deployed in the Northeast, questions about how ESFs will be charged for use of the electric distribution system while participating in wholesale markets have become…more
 /  Administrative Law, Energy & Utilities, Zoning, Planning & Land Use

Recently Announced Tariff Rate Hikes Highlight Risks and Opportunities for M&A in the BESS Market

The staged payment of purchase price is a near-universal feature of M&A in development-stage renewable energy and battery energy storage system (BESS) projects. In a typical sale, the buyer pays a comparatively small portion of…more
 /  Energy & Utilities, International Law & Trade, Mergers & Acquisitions

EV Roundup - June 2024

Since our last quarterly EV Roundup, the Biden Administration has continued to increase investment in EV infrastructure across the United States and support tax credits for the domestic EV industry in its efforts for EVs to make…more
 /  Commercial Law & Contracts, Energy & Utilities, Government Contracting, Transportation

Battery Technologies: Where Are We Now, and Where Are We Going?

Achieving climate goals will require significant capital investment into the development and scaling of improved battery technologies. The Inflation Reduction Act (IRA), enacted in August 2022, allocated billions of dollars for…more
 /  Energy & Utilities, Environmental Law, Science, Computers, & Technology

Advancing Environmental Justice through Battery Energy Storage

Because the sun does not always shine and the wind does not always blow, ensuring that renewable sources can reliably meet society’s energy demands has long been a challenge for clean energy advocates. Battery energy storage…more
 /  Commercial Law & Contracts, Energy & Utilities, Environmental Law

Through the RAPID Act, the NYPSC is Losing Jurisdiction Over Transmission Siting – Or Is it?

Intended to help expedite transmission siting to facilitate achievement of the State’s Climate Leadership and Community Protection Act (“CLCPA”) goals, the RAPID Act makes several significant structural changes to New York’s…more
 /  Energy & Utilities, Environmental Law, Zoning, Planning & Land Use
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