Author Info for Foley Hoag LLP - Energy & Climate Counsel

Stacie Aarestad

SEC Adopts Final Rules Regarding Climate-Related Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures... The final rules are the culmination of almost… more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

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Samita Ali-Khan

SEC Adopts Final Rules Regarding Climate-Related Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures... The final rules are the culmination of almost… more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

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Mark Barnett

Give the People What They Want (and What They Want Are More and More Clean Electrons)

As we put this post-election issue of Climate Law Matters together, my colleagues and I noticed an interesting common thread in our reflections: without minimizing the impact a negative turn to federal policy could have on many… more

Clean Energy, Climate Change, Electricity, Energy Projects, Energy Sector

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Elza Bouhassira

Massachusetts Statewide Large Building Energy Reporting Rules Now in Effect

The new regulations set the first statewide energy usage reporting deadline for large buildings, which is coming up on June 30, 2025. Building on our previous updates on LBER, here’s what the regulated community needs to know as… more

Climate Change, Energy Policy, Energy Sector, Property Owners, Reporting Requirements

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Kathleen Brill

Massachusetts Statewide Large Building Energy Reporting Rules Now in Effect

The new regulations set the first statewide energy usage reporting deadline for large buildings, which is coming up on June 30, 2025. Building on our previous updates on LBER, here’s what the regulated community needs to know as… more

Climate Change, Energy Policy, Energy Sector, Property Owners, Reporting Requirements

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Jasmine Brown

Anticipating the U.S. Securities and Exchange Commission’s ESG Disclosure Rules and Guidelines: How to Stay Ahead of the Game

As more advisory services, investment companies, and public companies have publicized their Environmental, Social, and Governance (ESG) goals, the U.S. Securities and Exchange Commission (SEC) has proposed a set of new rules… more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Kelly Caiazzo

Massachusetts AG Petitions DPU to Investigate Gas Industry Future in Light of Commonwealth’s GHG Emissions Goals

On June 4, 2020, the Massachusetts Office of the Attorney General (AGO) filed a petition with the Department of Public Utilities (DPU) requesting that the DPU open an investigation “to assess the future of local gas distribution… more

Attorney General, Energy Sector, Global Warming Solutions Act, Greenhouse Gas Emissions, Oil & Gas

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Daniel Carlston

SMART 3.0 Program Key Changes and Features: Mitigation Fees

We’ve previously covered the Massachusetts Department of Energy Resources (“DOER”) emergency regulations released last month for the SMART 3.0 Program, which significantly revise DOER’s Solar Massachusetts Renewable Target… more

Clean Energy, Energy Policy, Energy Projects, Environmental Policies, Fees

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Kevin Chen

MA Appeals Court Sets New Precedent Protecting Solar Development in Local Permitting

A recent decision of the Massachusetts Appeals Court sets an important precedent in favor of solar development in the Commonwealth. In Sunpin Energy Services, LLC v. Zoning Board of Appeals of Petersham, the court unanimously… more

Appeals, Energy Policy, Energy Projects, Municipalities, Permits

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Rebecca Chilton

Give the People What They Want (and What They Want Are More and More Clean Electrons)

As we put this post-election issue of Climate Law Matters together, my colleagues and I noticed an interesting common thread in our reflections: without minimizing the impact a negative turn to federal policy could have on many… more

Clean Energy, Climate Change, Electricity, Energy Projects, Energy Sector

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Alissa Clarke

Department of Commerce Issues Preliminary Determination Imposing U.S. Antidumping and Countervailing Duties on Chinese Solar Cells and Modules Imported through Vietnam, Malaysia, Thailand and Cambodia

On December 8, 2022, the Department of Commerce published a preliminary determination that finds that imports into the U.S. of Chinese crystalline silicon photovoltaic (CSPV) solar cells and modules exported from Vietnam,… more

Anti-Dumping Duty, Biden Administration, Cambodia, China, Countervailing Duties

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Daniel Clevenger

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

Acquisitions, Battery, China, Clean Energy, Electric Vehicles

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Tanisha Edwards

EPA’s Office of Land and Emergency Management Commits to Environmental Justice

Federal agencies continue to roll out plans to address environmental justice issues, which has become a focal point in the Biden administration’s agenda. Now that the Inflation Reduction Act of 2022 (IRA) is in effect, federal… more

Climate Change, Environmental Justice, Environmental Protection Agency (EPA), EPA Appeals Board, Inflation Reduction Act (IRA)

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Lucas Freeman Ph.D.

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

Batteries, Clean Energy, Climate Change, Department of Energy (DOE), Electric Vehicles

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Zachary Gerson

SMART 3.0 Program Key Changes and Features: Mitigation Fees

We’ve previously covered the Massachusetts Department of Energy Resources (“DOER”) emergency regulations released last month for the SMART 3.0 Program, which significantly revise DOER’s Solar Massachusetts Renewable Target… more

Clean Energy, Energy Policy, Energy Projects, Environmental Policies, Fees

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John Hancock

Federal Court of Appeals Stays SEC Climate Rule

On Friday, March 15, 2024, the United States Court of Appeals for the Fifth Circuit issued an administrative stay on the application of the SEC’s new rules regarding climate-related disclosures for investors, which we covered in… more

Annual Reports, Appeals, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG)

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Nicholas Hanel

FERC Final Rule on Interconnection Queue Reform Seeks to Speed Up Interconnection Queue Processing

Facing more than 2,000 gigawatts of energy generation and storage waiting in transmission system interconnection queues, the Federal Energy Regulatory Commission (FERC) has voted to adopt a final rule to revise its pro forma… more

Electricity, Energy Sector, Energy Storage, FERC, Final Rules

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Tad Heuer

MA Appeals Court Sets New Precedent Protecting Solar Development in Local Permitting

A recent decision of the Massachusetts Appeals Court sets an important precedent in favor of solar development in the Commonwealth. In Sunpin Energy Services, LLC v. Zoning Board of Appeals of Petersham, the court unanimously… more

Appeals, Energy Policy, Energy Projects, Municipalities, Permits

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Christina Hioureas

A Challenge to the Constitution for the Ocean? Understanding Trump’s Deep Sea Mining Executive Order

On April 24, 2025, President Trump signed a far-reaching executive order aimed at accelerating the development of deep-sea mining for critical minerals beneath both United States and international waters. Framed as a matter of… more

Constitutional Challenges, Environmental Policies, Executive Orders, Mineral Extraction, National Security

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Carol Holahan

New England Electricity Restructuring Roundtable Dives Deep into the Future of Gas in New England

On June 13, 2025, industry leaders, regulators, and stakeholders gathered at Foley Hoag for the 186th New England Electricity Restructuring Roundtable. The event, titled “The Future of Gas in New England,” tackled the region’s… more

Climate Change, Energy Policy, Energy Storage, Natural Gas, Renewable Energy

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Matthew Hursh

U.S. Department of Energy Releases Cybersecurity Baselines for Utilities and DERs

As part of the Biden Administration’s efforts to align energy cybersecurity efforts across the country, the U.S. Department of Energy (“DOE”) has funded the release of a set of energy distribution cybersecurity baselines for… more

Critical Infrastructure Sectors, Cyber Crimes, Cybersecurity, Department of Energy (DOE), Electricity

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Seth Jaffe

Trump Administration Sues Four States to Block Climate Superfund Legislation and Climate Deception Litigation

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 State’s… more

Clean Air Act, Climate Change, Constitutional Challenges, Department of Justice (DOJ), Energy Sector

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Jared Kadich

Infrastructure Package Makes New Investments in the Electric Transportation Future

The Infrastructure Investment and Jobs Act signed into law today not only makes critical investments in our core infrastructure, it creates several new programs to support the increasing electrification of the transportation… more

Automotive Industry, Biden Administration, Charging Stations, Clean Energy, Climate Change

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Adam Kahn

A New Nuclear Strategy in New York State

As New York Governor Kathy Hochul’s commitment to renewable energy has been challenged both by Washington and by her own Administration’s evolving priorities, she has embarked on a new strategy to elevate the profile of nuclear… more

Clean Energy, Climate Change, Energy Policy, Energy Projects, Energy Sector

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Aaron Lang

Coming Soon? Rules for Co-Locating Data Centers and Generators in PJM

Some of the biggest questions—and opportunities—facing the electric power sector in 2025 revolve around data centers and how to power them. The U.S. Department of Energy projects that the share of the nation’s electricity… more

Administrative Procedure Act, Comment Period, Data Centers, Energy Projects, Energy Sector

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Victoria (Tory) Lauterbach

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

Clean Energy, Electricity, Energy Policy, Energy Projects, FERC

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Amanda Lefton

Biden-Harris Administration Publishes Priorities for Permitting Reform to Build Clean Energy “Faster, Safer, and Cleaner”

Yesterday, the Biden-Harris administration outlined in a fact sheet its priorities for permitting reform to accelerate the build-out of America’s energy infrastructure “faster, safer, and cleaner.” The fact sheet provides an… more

Biden Administration, Clean Energy, Climate Change, Energy Policy, Environmental Assessments

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Andrew Loewenstein

A Challenge to the Constitution for the Ocean? Understanding Trump’s Deep Sea Mining Executive Order

On April 24, 2025, President Trump signed a far-reaching executive order aimed at accelerating the development of deep-sea mining for critical minerals beneath both United States and international waters. Framed as a matter of… more

Constitutional Challenges, Environmental Policies, Executive Orders, Mineral Extraction, National Security

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Sarah Main

EV Roundup - June 2025

The EV industry continues to face federal regulatory and political uncertainty and now, the clock is ticking on the Inflation Reduction Act’s electric vehicle (EV) tax credits and incentives. The recently proposed House and… more

Automotive Industry, California, Charging Stations, Clean Air Act, Electric Vehicles

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Prem Malali

Maine Public Utilities Commission Request for Proposals for the Sale of Energy or Renewable Energy Credits from Qualifying Renewable Resources (Tranche 1)

On February 14, 2020, the State of Maine Public Utilities Commission (the Commission), acting pursuant to the Act To Reform Maine’s Renewable Portfolio Standard, P.L. 2019, Chapter 477 (the Act), issued a Request for Proposal… more

Public Utilities Commission, Renewable Energy, Renewable Portfolio Standards, Request for Proposals, Utilities Sector

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Alexander McGrath

DPU Issues Long-Anticipated Net Metering Ruling

On February 15, 2024, the Massachusetts Department of Public Utilities (“DPU”) issued a much-anticipated order in docket D.P.U. 21-100 that finally promulgates regulations (220 CMR 18.00) to implement 2021 statutory changes to… more

Clean Energy, Climate Change, Energy Sector, Legislative Agendas, Regulatory Agenda

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Matthew Miller

SEC Adopts Final Rules Regarding Climate-Related Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures... The final rules are the culmination of almost… more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

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Alison Neugebauer

A Look Ahead: Capacity Contracts under the U.S. Department of Energy’s Transmission Facilitation Program

Among the panoply of clean energy-related programs currently being implemented under the 2021 Infrastructure Investment and Jobs Act (“IIJA”), one in particular – for which a solicitation is set to issue soon – will infuse… more

Clean Energy, Department of Energy (DOE), Energy Projects, Energy Sector, Infrastructure Investment and Jobs Act (IIJA)

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Ian Chasse Osborn

IRS Issues Guidance on IRA Tax Credit Labor Requirements; Starts Clock for Compliance

The Internal Revenue Service (IRS) issued guidance on the prevailing wage and apprenticeship requirements under the Inflation Reduction Act (IRA) by publishing Notice 2022-61 (the Notice) in the federal register today. Meeting… more

Apprenticeships, Inflation Reduction Act (IRA), Investment Tax Credits, IRS, New Guidance

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Austin Ownbey

Acquisitions of Renewable Energy Projects Exempt Under HSR Act Could Require 60-Day Waiting Period Under Proposed New York Law

A recent post on Foley Hoag’s State AG blog about New York’s proposed pre-merger notification legislation details the potential new notification requirement, but we wanted to dive a little deeper into the impact the proposed… more

Acquisitions, Antitrust Division, Energy Projects, Energy Sector, Hart-Scott-Rodino Act

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Cloe Pippin

Berkeley Seeks Re-Hearing of Ninth Circuit’s Decision on Natural Gas Ban Preemption

In April, a three-judge panel in the Ninth Circuit Court of Appeals held that the City of Berkeley’s ordinance prohibiting natural gas infrastructure in new buildings was preempted by federal law. In June, Berkeley asked the… more

Amicus Briefs, Appeals, Biden Administration, California, City of Berkeley

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Luciano Racco

Department of Commerce Issues Preliminary Determination Imposing U.S. Antidumping and Countervailing Duties on Chinese Solar Cells and Modules Imported through Vietnam, Malaysia, Thailand and Cambodia

On December 8, 2022, the Department of Commerce published a preliminary determination that finds that imports into the U.S. of Chinese crystalline silicon photovoltaic (CSPV) solar cells and modules exported from Vietnam,… more

Anti-Dumping Duty, Biden Administration, Cambodia, China, Countervailing Duties

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Walter (Mack) Ramsden

New York Kicks Off Bulk Energy Storage Procurement

On July 28, 2025, Governor Kathy Hochul announced the launch of New York State’s first bulk energy storage competitive solicitation. In this initial solicitation (the 2025 “Index Storage Credit Request for Proposals,” or… more

Clean Energy, Energy Policy, Energy Projects, Energy Storage, Government Agencies

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Ryan Rourke Reed

SEC Adopts Final Rules Regarding Climate-Related Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures... The final rules are the culmination of almost… more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

See all updates »

Nicholas Renzler

A Challenge to the Constitution for the Ocean? Understanding Trump’s Deep Sea Mining Executive Order

On April 24, 2025, President Trump signed a far-reaching executive order aimed at accelerating the development of deep-sea mining for critical minerals beneath both United States and international waters. Framed as a matter of… more

Constitutional Challenges, Environmental Policies, Executive Orders, Mineral Extraction, National Security

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Nicholas Romanos

IRS Issues Guidance on IRA Tax Credit Labor Requirements; Starts Clock for Compliance

The Internal Revenue Service (IRS) issued guidance on the prevailing wage and apprenticeship requirements under the Inflation Reduction Act (IRA) by publishing Notice 2022-61 (the Notice) in the federal register today. Meeting… more

Apprenticeships, Inflation Reduction Act (IRA), Investment Tax Credits, IRS, New Guidance

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Joshua Rosen

MA Files Draft RFP for 1500 MW Energy Storage DPU Requests Comments by May 30

Massachusetts recently stepped closer to its first major solicitation for long-term energy storage contracts under its new Section 83E authority. On May 5, the MA Department of Energy Resources (DOER), in partnership with the… more

Batteries, Clean Energy, Comment Period, Energy Policy, Energy Storage

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Michael Rosen

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

CERCLA, Clean Energy, Climate Change, Comment Period, Department of Energy (DOE)

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Peter Ross

New York Kicks Off Bulk Energy Storage Procurement

On July 28, 2025, Governor Kathy Hochul announced the launch of New York State’s first bulk energy storage competitive solicitation. In this initial solicitation (the 2025 “Index Storage Credit Request for Proposals,” or… more

Clean Energy, Energy Policy, Energy Projects, Energy Storage, Government Agencies

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Shailesh Sahay

EPA Looks to Accelerate Electric Vehicle Adoption with New Vehicle Emission Standards

On April 12, 2023, the Environmental Protection Agency (EPA) proposed new pollutant emissions standards for light-duty and medium-duty vehicles and heavy duty vehicles. The proposed rules set new, aggressive greenhouse gas… more

Air Pollution, Carbon Emissions, Climate Change, Comment Period, Discharge of Pollutants

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Constantinos Salonidis

A Challenge to the Constitution for the Ocean? Understanding Trump’s Deep Sea Mining Executive Order

On April 24, 2025, President Trump signed a far-reaching executive order aimed at accelerating the development of deep-sea mining for critical minerals beneath both United States and international waters. Framed as a matter of… more

Constitutional Challenges, Environmental Policies, Executive Orders, Mineral Extraction, National Security

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Basil Seggos

A New Nuclear Strategy in New York State

As New York Governor Kathy Hochul’s commitment to renewable energy has been challenged both by Washington and by her own Administration’s evolving priorities, she has embarked on a new strategy to elevate the profile of nuclear… more

Clean Energy, Climate Change, Energy Policy, Energy Projects, Energy Sector

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Ethan Severance

EPA Looks to Accelerate Electric Vehicle Adoption with New Vehicle Emission Standards

On April 12, 2023, the Environmental Protection Agency (EPA) proposed new pollutant emissions standards for light-duty and medium-duty vehicles and heavy duty vehicles. The proposed rules set new, aggressive greenhouse gas… more

Air Pollution, Carbon Emissions, Climate Change, Comment Period, Discharge of Pollutants

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Noah Shaw

New York Kicks Off Bulk Energy Storage Procurement

On July 28, 2025, Governor Kathy Hochul announced the launch of New York State’s first bulk energy storage competitive solicitation. In this initial solicitation (the 2025 “Index Storage Credit Request for Proposals,” or… more

Clean Energy, Energy Policy, Energy Projects, Energy Storage, Government Agencies

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John Shope

Preserve Retail Competition

Proposals to eliminate competition in retail electric supply to consumers are in the air. A consultant to the Massachusetts attorney general has just published an update to a report of last year asserting that retail competition… more

Competition, Electric Generation Suppliers, Electricity, Electricity Costs, Energy Market

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Lexi Stacy

Massachusetts Passes Climate Bill Focused on Clean Energy and Offshore Wind

Governor Baker signed the climate bill (H.5060), titled An Act Driving Clean Energy and Offshore Wind, into law on Thursday August 11, 2022. The act combines and modifies provisions from the House’s proposed offshore wind bill… more

Clean Energy, Climate Change, Fossil Fuel, Governor Baker, Greenhouse Gas Emissions

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Devlyn Tedesco

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

Climate Change, Energy Projects, Energy Sector, Farms, Power Grid

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Benjamin Vaughan Ph.D.

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

Batteries, Clean Energy, Climate Change, Department of Energy (DOE), Electric Vehicles

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Adam Wade

SEC Adopts Final Rules Regarding Climate-Related Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures... The final rules are the culmination of almost… more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

See all updates »

Lucas Watkins Ph.D.

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

Batteries, Clean Energy, Climate Change, Department of Energy (DOE), Electric Vehicles

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Morris Zarif

What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business Regulation Act

On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the nation,… more

California, Carbon Capture and Sequestration, Clean Air Act, Climate Change, Disclosure Requirements

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Foley Hoag LLP - Energy & Climate Counsel

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