News & Analysis as of

Energy Storage Risk Management

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

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing Wet...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in a June 10th interpretive letter the application of Hazardous Materials Regulations (“HMR”) applicable to wet batteries...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

Vorys, Sater, Seymour and Pease LLP

Behind-the-Meter Power Solutions for Data Centers: Legal and Practical Considerations

As data center power demands reach hundreds of megawatts or even gigawatts, particularly driven by AI applications, traditional power delivery models are facing significant constraints. Behind-the-meter (BTM) or...more

Foley & Lardner LLP

House Bill 3809 Adds Obligations to Battery Energy Storage Lessees in Texas

Foley & Lardner LLP on

Share on Twitter Share by Email Share Back to top On May 29, 2025, House Bill No. 3809 was signed into law by Texas Governor Greg Abbott. Born out of a crop of bills regulating renewable energy, including S.B. 388, S.B. 715,...more

Troutman Pepper Locke

The Least Known Risk in the Energy Sector: The “ICTS” National Security Rules

Troutman Pepper Locke on

There are unprecedented risks and opportunities emerging for companies in the energy sector as the Trump administration’s priorities start to come into focus. Many of those are well-known to the industry. Here’s one that’s...more

Baker Botts L.L.P.

Renewables’ Tactical Maneuver

Baker Botts L.L.P. on

The growing demands of data centers are positioning renewables as essential, with wind, solar, and storage offering the most flexible and cost-effective solution to grid instability. This week, the New York Times reported...more

Morgan Lewis

The Project Financing Outlook for Global Energy Projects in 2025

Morgan Lewis on

Both the US and global energy storage markets have experienced rapid growth over the last year and are expected to continue expanding rapidly in order to support grid resiliency. Through 2030, the global energy storage market...more

Orrick, Herrington & Sutcliffe LLP

California Battery Fires: Mitigating Commercial Risks in BESS Transactions

Battery energy storage systems (BESS) are an essential component of California’s leading energy transition strategy, enabling the state to integrate renewable energy production, stabilize the grid and ensure a reliable energy...more

Foley & Lardner LLP

Technology Trends in Manufacturing and Associated Legal Risk Management: Driving Technological Advancement with an Ecosystem View 

Foley & Lardner LLP on

The importance of building technology-driven manufacturing businesses with an ecosystem focus—i.e., a comprehensive view of the complex network of suppliers, partners, and customers in a market—emerged as a critical theme for...more

White & Case LLP

Gigawatts of BESS Opportunities in Chile: Key Risk Considerations for Owners and Investors

White & Case LLP on

BESS Opportunities in Chile Battery storage projects cannot come soon enough for Chile. While Chile has been at the forefront of renewable energy generation growth in Latin America for close to a decade, that growth has most...more

J.S. Held

Energy Storage and Its Potential Impact on Business Risks

J.S. Held on

This paper follows up on a previous assessment and overview of energy system reliability challenges experienced during the February 2021 extreme cold weather event which affected the land area comprising the Electric...more

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

Operational Risk Management in the U.S. Energy Storage Industry/Lithium-Ion Fire and Thermal Event Safety: Energy Storage...

The Energy Storage Association (“ESA”) published a September 2019 White Paper titled: Operational Risk Management in the U.S. Energy Storage Industry: Lithium-Ion Fire and Thermal Event Safety (“White Paper”) - The...more

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