News & Analysis as of

Energy Storage Regulatory Requirements Utilities Sector

McDermott Will & Emery

Federal court of justice decides on construction cost subsidies for battery storage systems

McDermott Will & Emery on

On 15 July 2025, the German Federal Court of Justice (Bundesgerichtshof – “BGH”) made its awaited decision (case no. EnVR 1/24) on construction cost subsidies (Baukostenzuschüssen) for battery storage systems (“BESS”)....more

Baker Botts L.L.P.

Texas Adopts New Decommissioning Law for Battery Energy Storage Systems

Baker Botts L.L.P. on

Texas has enacted a new statutory framework governing the decommissioning of battery energy storage systems (BESS) not owned by an electric utility. On May 29, 2025, Governor Greg Abbott signed House Bill 3809 (H.B. 3809)...more

Saul Ewing LLP

Resource Adequacy Challenges in Maryland - Major Legislative Advances in Energy Storage Policy Are Intended To Be Part of the...

Saul Ewing LLP on

In 2025, the General Assembly of Maryland made its boldest move ever to advance energy storage, as part of a legislative package responding to the resource adequacy challenges that are now emerging for the Free State....more

McGuireWoods LLP

South Carolina’s Energy Security Act Encourages Development of New Generating Resources to Address Unprecedented Economic Growth...

McGuireWoods LLP on

On May 12, 2025, South Carolina Gov. Henry McMaster signed the South Carolina Energy Security Act (Act 41) into law. The significant, wide-ranging energy legislation is the result of bipartisan efforts to holistically address...more

Foley Hoag LLP - Energy & Climate Counsel

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

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

Vinson & Elkins LLP

Texas Renewables Roundup: 2025 Texas Legislature Update

Vinson & Elkins LLP on

The Texas Legislature has been debating several bills aimed at boosting dispatchable power in ERCOT while erecting new economic and permitting barriers for renewables. Texas lawmakers have expressed their growing concerns...more

Morgan Lewis

State by State: An Updated Roadmap Through the Current US Energy Storage Policy Landscape

Morgan Lewis on

Energy storage resources have become an increasingly important component of the energy mix as traditional fossil fuel baseload energy resources transition to renewable energy sources. Currently 23 states, plus the District of...more

Troutman Pepper Locke

Navigating Power Allocation and Customer Choice in a Regulated Landscape - Energy Law Insights

Troutman Pepper Locke on

The landscape for utilities and their customers in the power allocation space is heavily regulated. Minimum load requirements, contested rights, and myriad other issues must be understood — and handled effectively — to...more

Orrick, Herrington & Sutcliffe LLP

Energy Storage Update - 2018

Battery energy storage is the most significant development for the electric grid since the explosive growth in renewables deployment over the past decade. Efforts to promote energy storage are moving rapidly throughout the...more

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