News & Analysis as of

Rulemaking Process Energy Policy

Jackson Lewis P.C.

What MSHA’s 18 Proposed Rules Signal About the Future of Mine Safety

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On July 1, 2025, the Mine Safety and Health Administration (MSHA) published 18 Notices of Proposed Rulemaking in the Federal Register, marking a sweeping regulatory initiative by the current administration. The proposals...more

Akin Gump Strauss Hauer & Feld LLP

FERC Proposes to Eliminate WECC Soft Price Cap

On July 15, 2025, the Federal Energy Regulatory Commission (FERC or Commission) issued an order proposing to eliminate the soft price cap of $1,000 per megawatt-hour (MWh) for bilateral spot sales in the Western Electricity...more

Morgan Lewis - Up & Atom

NRC More than Doubles Duration of Reactor Design Certifications

The US Nuclear Regulatory Commission (NRC) recently issued a direct final rule extending the duration of design certifications (DCs) for nuclear reactors from 15 to 40 years. The rule will automatically go into effect on...more

Cozen O'Connor

Democratic AGs Oppose Washing Away Appliance Efficiency Standards

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14 Democratic AGs and the Corporation Counsel for the City of New York submitted 16 comment letters to the U.S. Department of Energy (DOE) opposing the agency’s proposed rescission of water and energy efficiency standards for...more

Stoel Rives - Renewable + Law

Oregon EFSC Proposes Rule Changes to Energy Facility Site Certificate Amendment Process

Last month, the Oregon Energy Facility Siting Council (EFSC) proposed changes to its rules on site certificate amendments in OAR 345 Division 27. These rules govern the process by which the Oregon Department of Energy (ODOE)...more

Mayer Brown

Important Texas Regulatory Updates for Data Centers

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​​​​​​​On May 27, 2025, the Texas Legislature passed SB-6, which introduces significant changes to the planning, interconnection, operation, and cost allocation of certain large electrical loads within the Electric...more

Troutman Pepper Locke

FERC Revises Regulations Implementing NEPA; Adopts Two Hydropower-Related Categorical Exclusions

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On July 3, 2025, the Federal Energy Regulatory Commission (FERC) issued a final rule revising its regulations implementing the National Environmental Policy Act of 1969 (NEPA) to remove references to the recently rescinded...more

Bracewell LLP

Texas Senate Bill 6 Ushers in Major Overhaul of Large Load Interconnection and Grid Access Rules

Bracewell LLP on

Electricity demand in Texas is growing at rates not seen in over 70 years, and is projected to continue increasing at unprecedented rates. This marked escalation is driven by population growth, electrification of oilfield...more

Perkins Coie

Returning to the 1970s: Agency NEPA Regulations Replaced by Guidance

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A chain of events that started on Inauguration Day culminated with the June 30, 2025, withdrawal of National Environmental Policy Act (NEPA) regulations that have, since the 1970s, structured decision-making processes at the...more

Troutman Pepper Locke

On Rehearing, FERC Upholds Approval of PJM’s Proposed Offer Cap Tariff Revisions

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On June 26, 2025, FERC upheld PJM Interconnection, L.L.C.’s (“PJM”) proposal to revise its Capacity Performance Quantifiable Risk (“CPQR”) Offer Cap. Several public interest organizations and PJM’s Independent Market Monitor...more

Troutman Pepper Locke

FERC Temporarily Raises Cost Limits for Blanket Certificate Pipeline Projects to $61.65 Million

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On June 18, 2025, FERC temporarily raised the cost limits for blanket certificate natural gas pipeline projects constructed and placed into service by May 31, 2027, from $41 million to $61.65 million. Citing what it called a...more

Troutman Pepper Locke

FERC Accepts SPP’s Revisions to Its Western Energy Imbalance Tariff Incorporating a Reliability-Based Market Hold Settlement...

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On June 20, 2025, FERC approved Southwest Power Pool, Inc.’s (SPP) revisions to its Western Energy Imbalance Service (WEIS) tariff to allow a participating balancing authority to initiate a market hold due to reliability...more

Brownstein Hyatt Farber Schreck

White House Seeks To Streamline Funding For Domestic Energy, Critical Mineral Projects

On June 30, President Donald Trump signed a Presidential Memorandum (“the Memorandum”) titled “Simplifying the Funding of Energy Infrastructure and Critical Mineral and Material Projects.” The Memorandum aims to streamline...more

Saul Ewing LLP

New Jersey Board of Public Utilities Implements the Garden State Energy Storage Program, an Incentive Program to Encourage...

Saul Ewing LLP on

OVERVIEW - The New Jersey Board of Public Utilities (“the BPU”) in an order dated June 18, 2025 has taken the first step to implement the New Jersey Clean Energy Act of 2018 by unveiling a multiphase program incentivizing...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Board of Public Utilities Launches Much Anticipated Garden State Energy Storage Program

What You Need to Know - • The New Jersey BPU has issued an Order launching a comprehensive energy storage incentive framework, the Garden State Energy Storage Program, or GSESP, which marks a significant milestone in New...more

Balch & Bingham LLP

Texas SB 6 Overhauls Rules for Large Energy Loads in ERCOT

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A new state law in Texas, SB 6, significantly changes how large loads interconnect with and operate within The Electric Reliability Council of Texas (ERCOT) grid. Energy companies developing large data centers, crypto...more

White & Case LLP

Summary of FERC Meeting Agenda for June 2025

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Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on June 26, 2025, pursuant to the sunshine notice released on June 18, 2025....more

Foley Hoag LLP - Energy & Climate Counsel

DOER Releases SMART 3.0 Program Emergency Regulations – Public Comments Due July 25, 2025

On June 20, 2025, the Massachusetts Department of Energy Resources (“DOER”) filed emergency regulations for the SMART 3.0 Program, the newest iteration of DOER’s Solar Massachusetts Renewable Target (“SMART”) tariff-based...more

Akin Gump Strauss Hauer & Feld LLP

FERC Acts Under Its Emergency Waiver Authorities to Ease Regulatory Burdens on Natural Gas Infrastructure Projects While...

On June 18, 2025, the Federal Energy Regulatory Commission (FERC) took four actions to ease regulatory burdens for constructing interstate pipeline and liquefied natural gas (LNG) facilities authorized under the Natural Gas...more

K&L Gates LLP

Request for Comments on Rulemaking to Implement Firming Reliability Requirements for Electric-Generating Facilities in the ERCOT...

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Legislative Background - On Friday, 6 June 2025, the Public Utility Commission of Texas (the PUCT or the Commission) released a memorandum detailing the new requirements set forth under House Bill 1500 (HB 1500) (88 Reg....more

Bergeson & Campbell, P.C.

EPA Proposes RFS Standards for 2026 and 2027, Will Hold Hearing on July 8, 2025

The Clean Air Act (CAA) requires the U.S. Environmental Protection Agency (EPA) to determine the applicable volume requirements for the Renewable Fuel Standard (RFS) for years after those specified in the statute. On June 17,...more

Beveridge & Diamond PC

PHMSA Seeks Feedback on Reform of Hazardous Materials Transportation Regulations by August 4, 2025

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The Pipeline and Hazardous Materials Safety Administration (PHMSA) published an Advanced Notice of Proposed Rulemaking (ANPRM) initiating a comprehensive review of its Hazardous Materials Regulations (HMR). The ANPRM solicits...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

Troutman Pepper Locke

FERC Reaffirms MISO Interconnection Queue Cap on Rehearing

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On May 27, 2025, FERC addressed arguments raised on rehearing of a January 30, 2025 order, which accepted the Midcontinent Independent System Operator, Inc.’s (“MISO”) proposal to modify its generator interconnection study...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Limits Scope of NEPA Reviews, Reinstates Approval of Uinta Basin Railway

In a highly anticipated decision for project developers and permitting agencies, the U.S. Supreme Court reversed the D.C. Circuit’s 2023 decision that had invalidated federal approval of the Uinta Basin Railway. In Seven...more

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