News & Analysis as of

Energy Sector State and Local Government Regulatory Requirements

Foley Hoag LLP - Environmental Law

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

Baker Botts L.L.P.

Texas Senate Bill 6: Understanding the Impacts to Large Loads and Co-located Generation

Baker Botts L.L.P. on

During its 2025 regular session, the Texas Legislature passed Senate Bill 6 ("SB 6") to establish a regulatory framework to manage the rapid growth of consumers with high electricity demand (currently ≥ 75 MW)—referred to as...more

Vorys, Sater, Seymour and Pease LLP

Public Utilities Commission of Ohio Authorizes Tariff for AEP Ohio’s Data Center Customers, Requires End of Moratorium on New...

The Public Utilities Commission of Ohio issued a decision on July 9, 2025 authorizing AEP Ohio to implement a new data center-specific tariff that will be applicable to many data center customers signing up for new or...more

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

A Decade Later/A Review of Congressional Action, Environmental Protection Agency Rules, and Beneficial Use Opportunities for Coal...

The Subcommittee on Environment of the United States House of Representatives Energy and Commerce Committee held a June 26th Hearing titled: A Decade Later: A Review of Congressional Action, Environmental Protection...more

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

Long-Term Planning Among Regulated Natural Gas Utilities: National Association of Regulatory Utility Commissioners Report...

The National Association of Regulatory Utility Commissioners (“NARUC”) has issued a report titled: Long-Term Planning among Regulated Natural Gas Utilities: A Review of State Requirements (“Report”)....more

Jenner & Block

Legal Considerations Concerning the End-of-Life Management of Solar, Wind, and Battery Technologies in the US

Jenner & Block on

Solar, wind, and battery technologies have, and will continue to be, front and center of the renewable energy and clean technology transition. Entities in the renewable energy and clean technology space should be closely...more

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

Aboveground Storage Tanks/Unmanned Aircraft Systems: Louisiana Department of Environmental Quality Approves Drones for Visual...

The Louisiana Department of Environmental Quality (“LDEQ”) issued a May 21st news release stating that it has approved the use of unmanned aircraft systems (i.e., “drones”) to conduct visual inspections of aboveground storage...more

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

Arkansas Gas Pipeline Code/Arkansas Public Service Commission: Petition to Initiate Rulemaking Addressing Proposed Revisions Filed

A Petition to Initiate a Rulemaking Docket (“Petition”) has been filed before the Arkansas Public Service Commission (“APSC”) by the General Staff. See Docket No. 25-025-R. The Petition proposes to make changes to the...more

Foley Hoag LLP - Energy & Climate Counsel

Maine Energy Storage Procurement Inches Closer, Comments Requested from Energy Storage Developers

Recently, the Maine Public Utilities Commission (MPUC) opened an inquiry and issued a request for comment from energy storage developers by June 9 to support a forthcoming procurement for up to 200 MW of transmission-level...more

Akin Gump Strauss Hauer & Feld LLP

New York Proposes Mandatory Greenhouse Gas Reporting Program

In a significant step toward enhancing transparency and supporting the state’s ambitious climate goals, the New York State Department of Environmental Conservation (DEC) has introduced draft regulations for a Mandatory...more

Perkins Coie

State Control of Injection Well Permitting Stays in Focus Amid Legal Challenges Over CCS Infrastructure

Perkins Coie on

Key Takeaways - - EPA is evaluating the Texas Railroad Commission's formal primacy application. If granted, Texas will assume primary enforcement authority—or primacy—over Class VI wells. - Carbon capture and storage...more

DLA Piper

Horizon - ESG Regulatory News and Trends - April 2025

DLA Piper on

Trump Administration actions - Trump orders DOJ to stop states from enforcing unconstitutional or preempted climate laws. In a sweeping Executive Order (EO) issued on April 8, President Donald Trump has ordered Attorney...more

Ropes & Gray LLP

New York State Publishes Proposed Facility- and Industry-Specific Greenhouse Gas Emissions Reporting Requirements

Ropes & Gray LLP on

At the end of March, the New York State Department of Environmental Conservation (DEC) released draft regulations for a proposed Mandatory Greenhouse Gas Reporting Program. If adopted, the regulations would require annual...more

Cadwalader, Wickersham & Taft LLP

President Trump’s Executive Order on State Climate Change Policies

On April 8, 2025, President Trump issued an executive order (the “Order”) to protect “American Energy from State Overreach.”...more

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

United States Biodiesel Consumption by Sector (2001-2023): U.S. Energy Information Administration Report

The United States Energy Information Administration (“EIA”) issued a March 26th in-brief analysis  (“Analysis”) titled: U.S. biodiesel consumption by sector (2001-2023). ...more

McGuireWoods Consulting

2025 Data Center Policy Report

House Bill 1601/Senate Bill 1449 – Requires Virginia localities to have any application for a rezoning, special exception, or special use permit from a High Energy Use Facility (HEUF) (which is defined as a facility that will...more

Blank Rome LLP

City’s Electric Slide Stumbles as Invalid Tax

Blank Rome LLP on

We often focus on whether a levy is a tax masquerading as a fee because a state tax must be fairly apportioned under United States Constitutional precedent, while a fee is not so limited. Some “fees” can be quite material in...more

Schwabe, Williamson & Wyatt PC

Distributed Energy Resources in Oregon and Washington

Distributed energy resources (DERs) play an increasingly vital role in modernizing energy ‎systems and achieving sustainability goals. Regulatory frameworks and policy priorities in both Oregon and Washington‎ facilitate the...more

Pierce Atwood LLP

Latest Updates on Maine’s Net Energy Billing Program

Pierce Atwood LLP on

Recent decisions by the Maine Legislature and the Maine Public Utilities Commission (PUC) may affect participants in Maine’s Net Energy Billing (NEB) Program...more

K&L Gates LLP

Texas Senate Bill 6 and Impacts on Large Load Development in ERCOT

K&L Gates LLP on

On 12 February 2025, Texas Senate Bill 6 (SB6), authored by Sen. Phil King and Sen. Charles Schwertner, was filed. The low bill number on this indicates it is a priority bill and will likely have momentum. If passed, this...more

Eversheds Sutherland (US) LLP

Texas Senate Bill 6 – Are major regulatory changes coming for large loads and behind-the-meter arrangements in ERCOT?

On February 12, 2025, the Texas State Senate unveiled Senate Bill 6, titled “Relating to electricity planning and infrastructure costs for large loads” (SB6). This bill addresses large loads interconnecting at transmission...more

DarrowEverett LLP

Capturing the Sun: State Prompt Payment Acts' Effects on Solar Construction

DarrowEverett LLP on

As the energy sector continues to expand, developers and contractors looking to expand their footprint are crossing state lines to construct energy projects. This is a good strategy for applying the same, successful...more

Cozen O'Connor

PA PUC Votes 3-2 to Regulate Landlords as Gas Pipeline Operators

Cozen O'Connor on

In a January 8, 2025, vote along party lines, the three Democratic Commissioners of the Pennsylvania Public Utility Commission (PA PUC or Commission), led by Chairman Stephen DeFrank, reversed nearly a decade of PA PUC...more

King & Spalding

Texas, Utah and Small Modular Reactor ("SMR") Developer Launch Lawsuit Alleging "Unlawful" Regulatory Regime

King & Spalding on

Complaint filed United States District Court, Eastern District of Texas (Case No. 6:24-cv-00507) - KEY TAKEAWAYS - The States of Texas and Utah, together with private developer Last Energy, have sued to exempt certain...more

Foley Hoag LLP - Energy & Climate Counsel

2024 Clean Energy Bill Promotes Electric Vehicle Deployment Across Massachusetts

On November 21, 2024, Massachusetts Governor Maura Healy signed into law a sweeping climate bill (St. 2024 c. 239, An Act Promoting a Clean Energy Grid, Advancing Equity and Protecting Ratepayers) packed with measures aimed...more

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