Author Info for Foley Hoag LLP - Environmental Law

Mark Barnett

Advancing U.S. Leadership in AI Infrastructure: A Focus on Geothermal Energy

On January 14, 2025, President Biden signed an Executive Order to advance the United States’ leadership in artificial intelligence (AI) infrastructure. This comprehensive directive underscores the critical role of AI in national… more

Artificial Intelligence, Clean Energy, Data Centers, Department of Energy (DOE), Energy Sector

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Kathleen Brill

Next Up for Massachusetts Building Emissions Reductions: Tackling the Clean Heat Challenge

This week, the Massachusetts Commission on Clean Heat released its final report. The report seeks to establish a framework for a long-term reduction in emissions from heating fuels, to align with the Commonwealth’s emissions… more

Clean Energy, Conflicts of Interest, Department of Energy (DOE), Energy Sector, Greenhouse Gas Emissions

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Kelly Caiazzo

DOE NOPR Faces Criticism But Remains on Fast-Track, with Initial Comments Due October 23

On September 28, 2017, Secretary of Energy Rick Perry sent a letter to FERC enclosing a Notice of Proposed Rulemaking(NOPR), which Secretary Perry asserts “requires the Commission-approved organized markets to develop and… more

Department of Energy (DOE), Electricity, FERC, Notice of Proposed Rulemaking (NOPR), Power Grid

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Daniel Carlston

EPA Extends Deadlines for Compliance with Coal Ash Rules

On July 17, 2025, the U.S. Environmental Protection Agency (“EPA”) announced a direct final rule and companion proposal extending several compliance deadlines related to coal combustion residuals (“CCR”). The direct final rule,… more

Biden Administration, Coal Industry, Deadlines, Deregulation, Environmental Policies

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Christopher (Kip) Cawley

FATCA Registration Now Available

On August 19, 2013, the IRS began to accept applications for registration under FATCA, the new U.S. tax regime designed to combat offshore tax evasion by U.S. taxpayers, by requiring foreign financial institutions (“FFIs”),… more

FATCA, IRS, Registration, Tax Evasion

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Kevin Chen

Supreme Court Holds That Agencies Have “Substantial” Discretion to Omit Upstream and Downstream Projects from Environmental Reviews

On May 29, 2025, a unanimous Supreme Court (voting 8-0, with Justice Gorsuch recused) held that federal agencies need not consider the environmental effects of “upstream” and “downstream” projects that are separate in time or… more

Administrative Procedure Act, Energy Projects, Environmental Litigation, Government Agencies, Judicial Review

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Tanisha Edwards

The Inflation Reduction Act: Investments in Environmental Justice

The Biden administration has made it a priority to target environmental justice issues as part of the administration’s broader economic agenda. On August 7, the Senate passed the Inflation Reduction Act of 2022 (Act), which… more

Carbon Emissions, Environmental Justice, Federal Funding, Grants, Greenhouse Gas Emissions

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Jonathan Ettinger

Discretion is the Better Part of Valor; Court Dismisses Clean Water Act Citizen Suit Challenging POTW’s Enforcement Discretion

The scope of suits available to private citizens under the Clean Water Act is not unlimited. A Federal District Court in Massachusetts recently made that clear in dismissing a citizen suit filed by the Conservation Law… more

Citizen Suits, Clean Air Act, Dismissals, Enforcement Actions, Environmental Protection Agency (EPA)

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Zachary Gerson

Massachusetts Implements a Clean Peak Standard

On July 23, 2020, the Massachusetts Department of Energy Resources (“DOER”) filed final regulations implementing a “Clean Peak Energy Standard,” which formally went into effect on August 7, 2020. The final regulations are the… more

Clean Energy, Consultants, Department of Energy (DOE), Energy Sector, New Regulations

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James Gross

Supreme Court Holds That Agencies Have “Substantial” Discretion to Omit Upstream and Downstream Projects from Environmental Reviews

On May 29, 2025, a unanimous Supreme Court (voting 8-0, with Justice Gorsuch recused) held that federal agencies need not consider the environmental effects of “upstream” and “downstream” projects that are separate in time or… more

Administrative Procedure Act, Energy Projects, Environmental Litigation, Government Agencies, Judicial Review

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Erica Harrington

Second 83C Offshore Wind RFP Submitted to Massachusetts DPU for Approval

The Massachusetts electric distribution companies (“Distribution Companies”), together with the Massachusetts Department of Energy Resources, have asked the Massachusetts Department of Public Utilities to approve a second… more

Clean Energy, Department of Energy (DOE), Electricity, Energy Sector, Offshore Wind

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Carol Holahan

Seventh Circuit Upholds Illinois ZEC Program for Struggling Nuclear Units

On September 13, 2018, the Court of Appeals for the Seventh Circuit affirmed the trial court’s dismissal of claims that the zero-emission credit (ZEC) program enacted by the Illinois legislature in 2016 violated the U.S… more

Clean Energy, Energy Sector, Federal Power Act, FERC, Renewable Energy

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Seth Jaffe

EPA Extends Deadlines for Compliance with Coal Ash Rules

On July 17, 2025, the U.S. Environmental Protection Agency (“EPA”) announced a direct final rule and companion proposal extending several compliance deadlines related to coal combustion residuals (“CCR”). The direct final rule,… more

Biden Administration, Coal Industry, Deadlines, Deregulation, Environmental Policies

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Adam Kahn

Recent Federal Developments for Advanced Nuclear Technologies

The new administration has repeatedly expressed its staunch support for nuclear energy. President Trump’s first-day executive order “Unleashing American Energy” specifically encouraged the development of nuclear energy… more

Clean Energy, Climate Change, Department of Energy (DOE), Energy Policy, Energy Projects

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Aaron Lang

Advancing U.S. Leadership in AI Infrastructure: A Focus on Geothermal Energy

On January 14, 2025, President Biden signed an Executive Order to advance the United States’ leadership in artificial intelligence (AI) infrastructure. This comprehensive directive underscores the critical role of AI in national… more

Artificial Intelligence, Clean Energy, Data Centers, Department of Energy (DOE), Energy Sector

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Nicola Lemay

FATCA Registration Now Available

On August 19, 2013, the IRS began to accept applications for registration under FATCA, the new U.S. tax regime designed to combat offshore tax evasion by U.S. taxpayers, by requiring foreign financial institutions (“FFIs”),… more

FATCA, IRS, Registration, Tax Evasion

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Sara Mattern

The Baker Administration looks to Hydropower to meet GHG goals

The Baker Administration announced on July 9 that it filed a bill for sourcing long-term hydroelectric power in the Commonwealth. Hydroelectric power currently provides a small portion of electricity consumed in Massachusetts… more

Energy Sector, Global Warming Solutions Act, Governor Baker, Greenhouse Gas Emissions, Hydropower

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Jeremy Meisinger

Massachusetts Attorney General Files Long-Awaited Climate Change Lawsuit Against Exxon

On October 24, 2019, Massachusetts Attorney General Maura Healey filed a 200-page complaint against Exxon in Suffolk Superior Court, alleging violations of G.L. c. 93A, the Massachusetts Consumer Protection Act. The lawsuit is… more

Climate Change, Consumer Protection Act, Exxon Mobil, Fossil Fuel, Government Investigations

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Isa Mirza

Congress A Step Closer to Making Corporate ESG Disclosure Mandatory

On June 16, 2021, the U.S. House of Representatives passed legislation that would impose new ESG due diligence and disclosure requirements on publicly traded companies. H.R. 1187 – the ESG Disclosure Simplification Act of 2021… more

Biden Administration, Climate Change, Corporate Social Responsibility, Disclosure Requirements, Due Diligence

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Beth Neitzel

Supreme Court Holds That Agencies Have “Substantial” Discretion to Omit Upstream and Downstream Projects from Environmental Reviews

On May 29, 2025, a unanimous Supreme Court (voting 8-0, with Justice Gorsuch recused) held that federal agencies need not consider the environmental effects of “upstream” and “downstream” projects that are separate in time or… more

Administrative Procedure Act, Energy Projects, Environmental Litigation, Government Agencies, Judicial Review

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Cloe Pippin

New MEPA Rules Mean Big Changes For Practitioners and Developers

In compliance with the Climate Roadmap Act, the Massachusetts Environmental Policy Act (MEPA) Office has released the final version of its new regulations and two final protocols regarding new MEPA review procedures to evaluate… more

Climate Change, Environmental Impact Report (EIR), Environmental Justice, Environmental Policies, Environmental Protection Agency (EPA)

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Dean Richlin

Kamala Harris Puts Exxon Under Her Microscope: California AG Reportedly Has Launched Review of Oil Giant’s Statements On Climate Change

Students of history know that fighting a two front war is a hazard to be avoided. According to the L.A. Times, however, that is precisely the dilemma that now faces Exxon Mobil: dual investigations from attorneys general on… more

Attorney General, Climate Change, Disclosure, Exxon Mobil, Fraud

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Joshua Rosen

RGGI Third Program Review Concludes: New Model Rule and Strengthened Emission Caps Unveiled Amid Federal Scrutiny

Earlier this month, the Regional Greenhouse Gas Initiative (RGGI) announced the completion of the RGGI Third Program Review, which resulted in several major changes to the RGGI Model Rule that will shape the program through… more

Carbon Emissions, Clean Energy, Climate Change, Department of Energy (DOE), Energy Policy

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Peter Ross

New York Public Service Commission Issues Key Ruling on Offshore Wind Transmission

On January 20, 2022, the New York Public Service Commission (Commission) issued its Order on Power Grid Study Recommendations concerning investments in the State’s electric transmission and distribution system that are necessary… more

Clean Energy, Climate Change, Energy Policy, New York, Offshore Wind

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Shailesh Sahay

IRA Incentives for Carbon Sequestration and Low Carbon Fuels

On August 16, 2022, President Biden signed the Inflation Reduction Act, creating a law that contains the most significant climate-related incentives in U.S. history. In the few short weeks since the bill was introduced in the… more

Aviation Industry, Biden Administration, Biofuel, Climate Change, Inflation Reduction Act (IRA)

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Basil Seggos

RGGI Third Program Review Concludes: New Model Rule and Strengthened Emission Caps Unveiled Amid Federal Scrutiny

Earlier this month, the Regional Greenhouse Gas Initiative (RGGI) announced the completion of the RGGI Third Program Review, which resulted in several major changes to the RGGI Model Rule that will shape the program through… more

Carbon Emissions, Clean Energy, Climate Change, Department of Energy (DOE), Energy Policy

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Ethan Severance

Inflation Reduction Act Aims to Propel EV and Clean Fuel Vehicle Adoption

The Inflation Reduction Act looks to accelerate the adoption of clean vehicles by reforming the related tax credits in a number of key ways. Specifically, the bill does the following. The Biden Administration set a target… more

Biden Administration, Climate Change, Electric Vehicles, Energy Sector, Green Energy

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Noah Shaw

Supreme Court Holds That Agencies Have “Substantial” Discretion to Omit Upstream and Downstream Projects from Environmental Reviews

On May 29, 2025, a unanimous Supreme Court (voting 8-0, with Justice Gorsuch recused) held that federal agencies need not consider the environmental effects of “upstream” and “downstream” projects that are separate in time or… more

Administrative Procedure Act, Energy Projects, Environmental Litigation, Government Agencies, Judicial Review

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Adam Wade

New SMART Program Regulations Double Size of SMART Program to 3,200 MW, Impose Storage Requirement and Make Community Solar and Other Changes

On April 14, 2020, the Massachusetts Department of Energy Resources (“DOER”) filed emergency regulations for the Solar Massachusetts Renewable Target (“SMART”) Program. A redline showing the additions to 225 CMR 20 is available… more

Clean Energy, Department of Energy (DOE), Energy Projects, Energy Storage, SMART

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Howard Weiss

An Impoundment By Any Other Name

A Monday night memorandum issued by the Office of Management and Budget (“OMB”) ordered federal agencies to “temporarily pause” all federal funding and other agency activities that “may be implicated by” the slew of executive… more

Administrative Procedure Act, Constitutional Challenges, Executive Orders, Federal Contractors, Federal Funding

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Foley Hoag LLP - Environmental Law

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