Key Takeaways - - The Report favors dispatchable resources over intermittent ones to address resource adequacy concerns and advises against retiring fossil-fuel generating resources. - The Report introduces a methodology...more
The National Environmental Protection Act ("NEPA") requires that federal agencies assess the environmental effects of their proposed actions prior to making final decisions, including decisions on issuing federal permits,...more
After 150 days in office, President Trump has signed executive orders on a pace of more than one per day. An emerging priority of the administration is increasing the use of federal land for resource production. This post...more
U.S. Attorney General Pamela Bondi is expected to release a report any day detailing the Justice Department’s upcoming plans to combat “state overreach,” which is seen as impeding the Trump administration’s energy dominance...more
Key Takeaways - - Pursuant to President Trump’s executive order seeking to maximize the secretary of energy’s emergency authority under Section 202(c) of the Federal Power Act, the secretary’s two new orders have halted the...more
Following up on our previous posts on United States energy policy under the Trump Administration, we are writing with an update on recent State Attorney General (AG) action in response to the Trump Administration’s climate...more
Even as the Trump administration moves to block state and local climate liability efforts, states and municipalities continue to advance lawsuits seeking to hold fossil fuel companies liable for harms associated with climate...more
In recent years, states and municipalities have attempted to hold fossil fuel companies liable for their alleged impacts on climate change. Numerous states and municipalities have sued fossil fuel companies, alleging that...more
As we have noted previously, a number of states have enacted legislation and/or brought claims against fossil fuel producers seeking payment for damages resulting from climate change. Legislative efforts include New York...more
The U.S. Department of Justice (DOJ) has filed a series of federal lawsuits against four states—New York, Vermont, Michigan and Hawaii—alleging that recent legislative and enforcement efforts to hold fossil fuel companies...more
On May 1, 2025, the federal government brought separate suits against both New York and Vermont alleging that these state’s “climate Superfund” statutes are unconstitutional on multiple grounds. In two nearly identical...more
Recently, both the State of Hawaii and the State of Michigan had announced that they would be pursuing litigation against fossil fuel companies concerning alleged damages stemming from the companies' contribution to climate...more
President Trump’s executive orders prioritize energy production from fossil fuels and pause both onshore and offshore wind projects....more
Primarily through the issuance of executive orders, the Trump administration has taken a comprehensive approach across departments to promote the production and use of fossil fuels and critical minerals, and withdraw support...more
On April 8, 2025, President Trump issued Executive Order 14260, Protecting American Energy From State Overreach. Framed as part of the Administration’s broader strategy of unleashing American energy, the Order directs...more
President Trump’s energy-focused ambitions will generate work for regulators at all levels of the government....more
In the twelve weeks since Inauguration Day, President Trump has issued dozens of executive orders, a number of which are designed to reverse the nation’s momentum on clean energy and climate action. He has sought to upend...more
President Donald Trump signed an executive order (EO), "Reinvigorating America’s Beautiful Clean Coal Industry and Amending Executive Order 1424," on April 8, 2025, that places coal at the center of the administration's...more
President Donald Trump on April 9, 2025, issued an executive order (EO) titled "Protecting American Energy from State Overreach." The EO aims at "unleashing American energy" by removing legal restrictions imposed by state...more
On April 8, 2025, the President of the United States signed a suite of executive orders designed to extend the aims of the January 31, 2025 Executive Order (“EO”) Unleashing Prosperity Through Deregulation. The implementation...more
On April 8, 2025, President Trump issued a series of executive orders directing the federal government to analyze state-level climate policies targeting fossil fuel consumption and environmental regulations. This action...more
On April 8, 2025, President Trump issued an Executive Order (EO) directing the Department of Energy (DOE) to take steps to expand the use of its emergency authority under Federal Power Act (FPA) Section 202(c) to require the...more
The president’s actions aim to bolster coal production and exports and coal-fired power generation, highlighting the importance of coal to US economic and national security....more
The executive order calls for the removal of federal regulatory barriers that hinder coal production. This will likely involve significant work to navigate and implement these changes, ensuring compliance while maximizing the...more
On March 20, 2025, President Trump signed an Executive Order (“EO”) entitled Immediate Measures to Increase American Mineral Production. The EO builds on previous energy-focused actions taken by the Administration, and...more