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Energy Projects State and Local Government

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 7, July 2025

Welcome to our seventh issue of The Site Report for 2025! In this edition, we address direct v. consequential damages in Florida, how the OBBB will fuel construction projects, China's construction of the world's largest...more

Foley Hoag LLP - Energy & Climate Counsel

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

Foley Hoag LLP - Energy & Climate Counsel

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

Foley Hoag LLP - Energy & Climate Counsel

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...more

Stoel Rives - Renewable + Law

Oregon EFSC Proposes Rule Changes to Energy Facility Site Certificate Amendment Process

Last month, the Oregon Energy Facility Siting Council (EFSC) proposed changes to its rules on site certificate amendments in OAR 345 Division 27. These rules govern the process by which the Oregon Department of Energy (ODOE)...more

Holland & Hart LLP

Siting Energy and Transmission Line Projects in Arizona: 2025

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While Arizona's patchwork of jurisdictions creates complexity, early engagement with regulators and careful project design can enable project proponents to navigate these challenges successfully, particularly given the...more

Hinshaw & Culbertson LLP

New Session, New Laws, New Lens: How Louisiana’s 2025 Legislative Session and the Federal One Big Beautiful Bill Act Have Reshaped...

A significant piece of legislation seems to have slipped under the radar of many watching the carbon capture & storage (“CCS”) space in Louisiana. While on the national level, contrary to some fears, the One Big Beautiful...more

Foley Hoag LLP - Energy & Climate Counsel

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

Goldberg Segalla

New York State Goes Nuclear

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New York Gov. Kathy Hochul announced June 25 that she is directing New York Power Authority to add at least one gigawatt of new nuclear power generation by building a zero-emission nuclear power plant somewhere in upstate New...more

Mintz - Antitrust Viewpoints

Senate Strikes 10-Year State Law Moratorium from Budget Reconciliation Bill and Trump Plans to Sign AI Growth Executive Order —...

On Tuesday, July 1, the Senate passed the “Big Beautiful Bill” with Vice President Vance casting the tie-breaking vote.The bill as passed contains no moratorium on state-level AI laws. Even after the provision that had passed...more

Saul Ewing LLP

New Jersey Board of Public Utilities Implements the Garden State Energy Storage Program, an Incentive Program to Encourage...

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OVERVIEW - The New Jersey Board of Public Utilities (“the BPU”) in an order dated June 18, 2025 has taken the first step to implement the New Jersey Clean Energy Act of 2018 by unveiling a multiphase program incentivizing...more

McGuireWoods LLP

Eighth Circuit Reaffirms Federal Preemption Over Local Pipeline Ordinances

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Last month, the U.S. Court of Appeals for the Eighth Circuit issued an opinion discussing the Pipeline Safety Act’s (PSA’s) preemption over local ordinances seeking to regulate pipeline safety — a decision that provides...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Central Arkansas Energy and Environment Innovation Plan: Metroplan Announces Board Approval/Soliciting Public Comments

Metroplan announces on June 27th that its Board of Directors had approved an Energy and Environment Innovation Comprehensive Action Plan (“Plan”). Metroplan states that the plan will be released for public comment starting...more

Mintz - Antitrust Viewpoints

Senate Parliamentarian Approves Ted Cruz’s Rewritten 10-Year State AI Law Moratorium, and Senate Introduces Bipartisan Preventing...

The Senate Parliamentarian approved Senator Ted Cruz’s (R-TX) rewritten version of the House-passed 10-year state AI law moratorium, after concerns that the original moratorium would not comply with the Senate’s Byrd Rule....more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Board of Public Utilities Launches Much Anticipated Garden State Energy Storage Program

What You Need to Know - • The New Jersey BPU has issued an Order launching a comprehensive energy storage incentive framework, the Garden State Energy Storage Program, or GSESP, which marks a significant milestone in New...more

Foley Hoag LLP - Energy & Climate Counsel

DOER Releases SMART 3.0 Program Emergency Regulations – Public Comments Due July 25, 2025

On June 20, 2025, the Massachusetts Department of Energy Resources (“DOER”) filed emergency regulations for the SMART 3.0 Program, the newest iteration of DOER’s Solar Massachusetts Renewable Target (“SMART”) tariff-based...more

Troutman Pepper Locke

Well, Well: Outlook for CCUS Projects in Texas Improves as EPA Proposes to Delegate Permitting Authority and the Texas Supreme...

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On June 17, the Environmental Protection Agency (EPA) published a proposed rule to approve Texas’s application for primary permitting and enforcement responsibility (primacy) for carbon dioxide (CO2) sequestration wells...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Department of Energy and Environment - Oil and Gas Commission: Saltwerx, LLC Lithium Compensation Structure Approved

The Arkansas Department of Energy and Environment - Oil and Gas Commission (“Commission”) addressed an application for the establishment of a lithium compensation structure for Saltwerx, LLC (“Saltwerx”)....more

Polsinelli

New Jersey BPU Launches Multi-Phase Energy Storage Incentive Program

Polsinelli on

PJM-ready projects are a must. Eligible projects must (1) be transmission-connected (PJM bulk power system) and located in a New Jersey transmission zone; (2) have PJM interconnection approval (or capacity interconnection...more

Troutman Pepper Locke

Texas Legislature Tilts Against Windmills: Is This the End of Wind Energy on the Texas Coast?

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Much has been written in recent weeks about how the renewable energy industry in Texas dodged a bullet — several bullets actually — when three high-profile bills targeting the industry failed to pass in the recent legislative...more

Kohrman Jackson & Krantz LLP

Ohio’s Energy Sector Gets Strategic: Matching Energy Supply with a New High-Tech Demand

Ohio has long enjoyed a competitive edge in the cost of commercial electricity. It’s deregulated market and plentiful coal and gas-fired generation keep commercial power rates near 11.25 ¢/kWh—below the national business...more

Spilman Thomas & Battle, PLLC

Currents - Energy Law Insights, V 9, Issue 6, June 2025

Welcome to our sixth issue of Currents 2025. We are covering a multitude of issues in this edition, but we want to pass along a couple of announcements first. Again, thank you for reading! Amazon and Pennsylvania Join the...more

Latham & Watkins LLP

EPA Proposes Granting Texas Primacy for Class VI Wells

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The proposal could accelerate the permitting process for carbon capture and storage projects in the state. On June 9, 2025, the US Environmental Protection Agency (EPA) signed a proposed rule that, if approved, would...more

Vinson & Elkins LLP

Texas Progresses Toward CCS Primacy

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This week, the U.S. Environmental Protection Agency (EPA) took the penultimate step to granting Texas the authority to directly issue Class VI permits under the Safe Drinking Water Act’s Underground Injection Control (UIC)...more

Vorys, Sater, Seymour and Pease LLP

Ohio Passes Bill to Encourage Energy Infrastructure Development

Ohio Governor DeWine recently signed Substitute House Bill 15 (HB 15) which will take effect on August 14, 2025. HB 15 contains many provisions intended to encourage the development of Ohio electric generation facilities and...more

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