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New York Energy Sector

Foley Hoag LLP - Energy & Climate Counsel

New York State Seeks Stakeholder Feedback to Inform Closed-Loop Geothermal Drilling Rules

Last month, the New York State Department of Environmental Conservation (NYSDEC) published an Advanced Notice of Proposed Rule Making (ANPRM) to solicit stakeholder input on future proposed regulations for closed-loop...more

Harris Beach Murtha PLLC

NY Judge Sides with Harris Beach Murtha Client in CLCPA Challenge

A New York court has rejected a lawsuit challenging the New York State Department of Environmental Conservation’s (NYSDEC) renewal of the Caithness Long Island Energy Center’s (CLI Facility) Title V air permit as purportedly...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

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

King & Spalding

New York Appellate Court Refuses to Apply Criminal Usury Law to Post-Default Interest

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On February 13, 2025, a New York intermediate appellate court affirmed the grant of summary judgment against energy companies that defaulted on their loan obligations. In 2020 and 2021, an engineering firm specializing in...more

Flaster Greenberg PC

The Battle Over The Constitution Pipeline

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In 2020, following a bitter eight-year fight, Williams Corporation canceled its plans to build the Constitution Pipeline. The pipeline would have carried natural gas from the gas fields of Northeastern Pennsylvania...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

Baker Botts L.L.P.

NYC Pension Funds Signal Growing Commitment to Renewable-Focused Investment Strategy

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New York City’s latest proposal to adjust its pension fund investment strategy reflects a broader institutional pivot toward long-term sustainability and climate resilience. Comptroller Brad Lander has introduced a measure...more

Ropes & Gray LLP

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

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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

Foley Hoag LLP - Environmental Law

New York State Amends Landmark “Climate Change Superfund Act” Amidst Legal Challenges

We previously reported on New York State’s enactment of the Climate Change Superfund Act (the “Climate Superfund Act” or the “Act”), groundbreaking legislation that seeks to recover $75 billion from fossil fuel producers for...more

Vinson & Elkins LLP

New York Passes Climate Superfund Legislation

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On December 26, 2024, New York Governor Kathy Hochul signed the Climate Change Superfund Act (“CCSA” or the “Act”) into law. The law requires certain fossil fuel producers and refiners with sufficient connections to New York...more

Jones Day

New York Enacts Climate Change Law That Fines Companies for Historical Emissions

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On December 26, 2024, New York enacted a law requiring certain energy companies to contribute cumulatively $75 billion to a climate "superfund" over the next 25 years....more

Flaster Greenberg PC

Southern Tier Residents Fight Back As New York Bans CO2 Fracking

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New York Governor Kathy Hochul recently doubled down on the Empire State’s refusal to allow fracking by signing a bill that would ban the technique outright using carbon dioxide instead of water. The ban extends the...more

Foley Hoag LLP - Energy & Climate Counsel

ORES Releases Draft Siting Rules for Major Renewable and Transmission Projects in New York State

On Wednesday, December 18, 2024, the New York State Office of Renewable Energy Siting and Electric Transmission (“ORES”) issued its much-anticipated draft regulations concerning the environmental review, permitting, and...more

Pillsbury Winthrop Shaw Pittman LLP

New York’s “Climate Superfund” Bill becomes Law, Part of a Trend

In a “paradigm shift in environmental liability,” some states are seeking to legislate financial responsibility on large coal and oil & gas companies for the public costs associated with strengthening infrastructure against...more

Foley Hoag LLP - Energy & Climate Counsel

New York DPS Proposes Definitions for CLCPA’s 2040 “Zero Emissions” Mandate

On November 4, 2024, in the Public Service Commission (“PSC”)’s large-scale renewables and Clean Energy Standard docket (“Case 15-E-0302”), the New York State Department of Public Service (“DPS”) filed a document proposing...more

Foley Hoag LLP - Energy & Climate Counsel

With Federal Support Uncertain, New York Executes Plan for Six Gigawatts of Energy Storage by 2030

After years of regulatory proceedings and planning, and following the New York Public Service Commission (the “PSC”)’s June 2024 Order Establishing Updated Energy Storage Goal and Deployment Policy (the “June 2024 Order”),...more

Foley Hoag LLP - Energy & Climate Counsel

New York State Solicits Comments on the Proposed Scope of the 2025 State Energy Plan

In September 2024, the New York State Energy Planning Board released a Draft Scope of the New York State Energy Plan (the “Draft Scope”) for public comment. The State Energy Plan, originally published in 2015, is guided by...more

Foley Hoag LLP - Energy & Climate Counsel

NYPA Releases Draft Renewables Strategic Plan, Invites Collaboration with Private Developers

On Tuesday, October 8, 2024, the New York Power Authority (“NYPA”) released its draft 2025 Renewables Strategic Plan (the “Draft Plan”) and invited public comment. The 2023-24 New York State budget granted NYPA expanded...more

DarrowEverett LLP

Relief from NIMBYism for Renewable Energy: New York’s RAPID Act

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One of the biggest challenges to states meeting ambitious Clean Energy Standards is local opposition to large scale projects, something we’ve written about previously. The federal government and many state legislatures have...more

Foley Hoag LLP - Energy & Climate Counsel

Additional Delays on Energy Storage Roadmap Inject Additional Uncertainty into New York’s Energy Storage Market

Late last week, the New York State Department of Public Service (“DPS”) and the New York State Energy Research and Development Authority (“NYSERDA”) issued a long-awaited update (“Update”) on the 6 GW Energy Storage Roadmap,...more

Foley Hoag LLP - Energy & Climate Counsel

Energy Storage Sands Continue to Shift at Last NYISO Task Force Meeting Before Order No. 2023 Compliance Filing

On Friday, March 15, 2024, the NYISO hosted what is expected to be the last of its Interconnection Issues Task Force (“IITF”) meetings before making its FERC Order No. 2023 compliance filing on April 3, and it was clear that...more

Foley & Lardner LLP

A Spark in Regulation: Lithium-ion Batteries

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Lithium-ion (“Li-ion”) batteries are the energy source for many consumer products, including electric bicycles and scooters. While their use has become increasingly popular, Li-ion batteries have also reportedly caused...more

Foley Hoag LLP - Energy & Climate Counsel

Overhaul of Major Electric Transmission Siting Process Proposed in 2025 New York State Executive Bud

In last week’s State of the State address, New York Governor Kathy Hochul previewed the Renewable Action Through Project Interconnection and Deployment (“RAPID”) Act – a proposal to streamline and expedite the siting and...more

Perkins Coie

BOEM Announces Draft Regional Environmental Analysis of Offshore Wind Energy in New York Bight

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The Bureau of Ocean Energy Management (BOEM) published the Notice of Availability on January 12, 2024, for the draft programmatic environmental impact statement (PEIS) on offshore wind energy development activities in the New...more

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