News & Analysis as of

Energy Policy State and Local Government

Foley Hoag LLP - Energy & Climate Counsel

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

Foley Hoag LLP - Energy & Climate Counsel

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

Foley Hoag LLP - Energy & Climate Counsel

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

Foley Hoag LLP - Energy & Climate Counsel

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

ArentFox Schiff

Heated Efforts to Decarbonize Cities Continue After Berkeley Settlement

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Regulators at all levels are seeking to advance climate-change related policies. Of late, municipalities have increasingly sought to “decarbonize” buildings and related infrastructure through changes to building codes and...more

BCLP

State Specific Requirements for Wind and Solar Project Land Contracts 2024 Overview

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In the U.S., wind and solar project development continues to increase. In fact, the Energy Information Administration (EIA) anticipates that wind and solar energy will continue to exceed electrical generation by other means....more

Foley Hoag LLP - Energy & Climate Counsel

NEPOOL Set to Approve New Long-Term Transmission Planning Process for New England

As soon as tomorrow (Thursday, April 4, 2024), New England could have a new long-term transmission planning process—and one that puts the states in the driver’s seat. The New England Power Pool (“NEPOOL”) Transmission...more

Foley Hoag LLP - Energy & Climate Counsel

MA Environmental Justice Strategy Presents New Policies to Combat Statewide Environmental Injustice

On February 15, 2024, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) released Massachusetts’ inaugural Environmental Justice Strategy (“EJ Strategy”), a comprehensive set of initiatives and...more

Verrill

Can Building Codes Ban Natural Gas After 9th Circuit Court Declines Rehearing?

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The 9th Circuit Court of Appeals’ refusal to rehear a pivotal gas appliance regulation decision has thrown a wrench into local efforts to reduce fossil fuel use....more

Jones Day

Pennsylvania Court Strikes Down Participation in the Regional Greenhouse Gas Initiative

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On November 1, 2023, the Pennsylvania Commonwealth Court held that the rulemaking entering Pennsylvania into the Regional Greenhouse Gas Initiative ("RGGI") violated the state constitution. The decision upends regulatory...more

Foley Hoag LLP - Environmental Law

New Report Details Massachusetts Whole-of-Government Approach to Climate Crisis

Yesterday, Massachusetts Climate Chief Melissa Hoffer issued a report detailing how “to implement the Healey-Driscoll Administration’s whole-of-government approach to addressing the climate crisis.” The report identifies...more

Pullman & Comley, LLC

DEEP Issues Draft Guidance on Siting Solar Projects on Agricultural Lands: Virtual Public Meeting on August 16; Written Comments...

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In July of 2023, the Connecticut Department of Energy and Environmental Protection (DEEP) released Draft Guidance through its Sustainable, Transparent, and Efficient Practices (STEPS) for Solar Development public engagement...more

DarrowEverett LLP

Stick It Where the Sun Don’t Shine: Land Use Challenges Siting Large-Scale Ground-Mounted Solar Projects

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Federal and state authorities throughout the country have adopted pro-renewable energy policy goals to promote the growth of alternative energy sources using climate-friendly technologies. With the passage of the Inflation...more

Nossaman LLP

CEQA Reform: Making Sense of California’s Budget Trailer Bill

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On June 12, 2023, each house of the California State Legislature released the proposed language of the Budget Act of 2023. The Legislature’s proposal excludes the California Environmental Quality Act (CEQA) and permit...more

Schwabe, Williamson & Wyatt PC

Potential Impact of Ninth Circuit Decision Holding that EPCA Preempts Prohibition of Natural ‎Gas Infrastructure

In April, the Ninth Circuit held that a city’s ban on new natural gas hookups for new ‎construction was preempted by federal law. This may impact proposed or existing bans in Oregon ‎including in Eugene and Bend, and in...more

Foley Hoag LLP - Energy & Climate Counsel

Healey-Driscoll Administration Launches Two Commissions to Accelerate Clean Energy Development

It’s a well-worn cliché that siting clean energy projects in Massachusetts is difficult. The statutes, regulations, and permitting processes intended to protect the Commonwealth’s environment and communities can also slow...more

(ACOEL) | American College of Environmental...

The Berkeley Ban Is Not the Only Answer

As Seth Jaffe posted last week, the 9th Circuit recently struck down the City of Berkeley’s first-in-the-nation electrification ordinance that prohibited the installation of gas infrastructure in new buildings, finding the...more

Goldberg Segalla

New Ninth Circuit Ruling: City of Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

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On Monday, April 18, the Ninth Circuit Court of Appeals issued a ruling in California Restaurant Association v. City of Berkeley, overturning a lower federal district court’s ruling to revoke the City of Berkeley,...more

Pullman & Comley, LLC

Effective Immediately, Connecticut Siting Council Requires Photographic Documentation

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Effective immediately, the Connecticut Siting Council requests all Exempt Modification, Tower Share, Declaratory Ruling, including sub-petitions,* and Development and Management Plan completion of construction notices include...more

Foley Hoag LLP - Energy & Climate Counsel

MassCEC and MA DOER Issue RFP for Energy Storage Market Update and Strategy Study

Earlier this month, the Massachusetts Clean Energy Center (MassCEC) and the Massachusetts Department of Energy Resources (DOER) issued a Request for Proposals for a consultant to conduct an energy storage market update and...more

Foley Hoag LLP - Environmental Law

Coming soon to Massachusetts cities and towns: all electric buildings

As we’ve discussed before, multiple cities and towns in the Commonwealth of Massachusetts have tried to ban fossil fuel hookups for new buildings by zoning or other ordinance over the past few years. But in July 2020, the...more

Perkins Coie

FERC Greenlights PJM and New Jersey Offshore Wind Transmission Agreement

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The Federal Energy Regulatory Commission (FERC), on April 14, 2022, accepted a “State Agreement Approach” Agreement (SAA Agreement) between PJM Interconnection, LLC (PJM) and the New Jersey Board of Public Utilities (NJ...more

Foley Hoag LLP - Environmental Law

Maura Healey Has a Climate Plan: Is It Too Ambitious Or Not Ambitious Enough?

Take my predictions with a grain of salt, because I still remember saying that Ronald Reagan would never fool enough voters to get elected, but it seems very likely at this point that Maura Healey will be the next Governor of...more

Williams Mullen

[Webinar] Virginia Solar & Energy Storage 2022 Legislative Update - March 31st, 11:00 am - 11:30 am ET

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The Virginia General Assembly passed several important pieces of legislation affecting the solar and energy storage industry during its 2022 legislative session... join us on Thursday, March 31, from 11:00 – 11:30 am (ET) for...more

Foley Hoag LLP - Energy & Climate Counsel

New York Releases Much Awaited Roadmap for Deploying 10 Gigawatts of Distributed Solar by 2030

Can New York State satisfy nearly 30 percent of its electricity needs with solar projects less than five megawatts in size by the year 2030? In September of this year, Governor Hochul announced a framework to do just that,...more

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