News & Analysis as of

State and Local Government Energy Policy

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

Solar Panel Array/Siting: New Hampshire Supreme Court Applies State Solar Development Statute

The Supreme Court of New Hampshire (“Court”) addressed in April 9, 2024 Opinion issues arising out of the installation of a solar array. See Mojalaki Holdings, LLC. v. City of Franklin, 2024 N.H. 17, 2024 WL 1514612 (N.H....more

Troutman Pepper Locke

Ninth Circuit Upholds FERC’s Denial of RTO Incentive Adder for California Utilities Due to Mandatory CAISO Participation

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On July 11, 2025, the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) issued an opinion in Pacific Gas & Electric Company v. FERC, addressing a challenge by Pacific Gas & Electric Company (“PG&E”), Southern...more

Foley Hoag LLP - Energy & Climate Counsel

New York Kicks Off Bulk Energy Storage Procurement

On July 28, 2025, Governor Kathy Hochul announced the launch of New York State’s first bulk energy storage competitive solicitation. In this initial solicitation (the 2025 “Index Storage Credit Request for Proposals,” or...more

Schwabe, Williamson & Wyatt PC

Oregon’s New Microgrid Legislation: Paving the Way for Energy Resilience

Oregon has taken a groundbreaking step in clean energy with the enactment of two pioneering microgrid bills—HB 2065 and HB 2066. According to the Center for Climate and Energy Solutions, there are currently 692 microgrids...more

Foley Hoag LLP - Energy & Climate Counsel

SMART 3.0 Program Key Changes and Features: Mitigation Fees

We’ve previously covered the Massachusetts Department of Energy Resources (“DOER”) emergency regulations released last month for the SMART 3.0 Program, which significantly revise DOER’s Solar Massachusetts Renewable Target...more

Cozen O'Connor

25 Republican AGs Urge Dismissal of Maryland Climate Lawsuits

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Alabama AG Steve Marshall, joined by 24 other Republican AGs, filed an amicus curiae brief urging the Supreme Court of Maryland to dismiss three consolidated climate lawsuits brought by Maryland local governments against...more

Spilman Thomas & Battle, PLLC

One Big Beautiful Comeback: Coal-Fired Generation

In recent years, coal-fired generation has reduced significantly in relation to other energy generation. As recently as 2014, according to the Environmental and Energy Study Institute, coal produced 39 percent of electricity...more

Foley Hoag LLP - Environmental Law

RGGI Third Program Review Concludes: New Model Rule and Strengthened Emission Caps Unveiled Amid Federal Scrutiny

Earlier this month, the Regional Greenhouse Gas Initiative (RGGI) announced the completion of the RGGI Third Program Review, which resulted in several major changes to the RGGI Model Rule that will shape the program through...more

Beveridge & Diamond PC

Coalition of US States and Cities Lays Groundwork for Legal Challenge of the Department of Energy’s Appliance Efficiency Rollback

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A multistate coalition of twelve state Attorneys General—California, Connecticut, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Vermont, and Washington—joined by the District of...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

Baker Botts L.L.P.

Texas Senate Bill 6: Understanding the Impacts to Large Loads and Co-located Generation

Baker Botts L.L.P. on

During its 2025 regular session, the Texas Legislature passed Senate Bill 6 ("SB 6") to establish a regulatory framework to manage the rapid growth of consumers with high electricity demand (currently ≥ 75 MW)—referred to as...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

Vorys, Sater, Seymour and Pease LLP

Public Utilities Commission of Ohio Authorizes Tariff for AEP Ohio’s Data Center Customers, Requires End of Moratorium on New...

The Public Utilities Commission of Ohio issued a decision on July 9, 2025 authorizing AEP Ohio to implement a new data center-specific tariff that will be applicable to many data center customers signing up for new or...more

Holland & Hart LLP

Siting Energy and Transmission Line Projects in Arizona: 2025

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While Arizona's patchwork of jurisdictions creates complexity, early engagement with regulators and careful project design can enable project proponents to navigate these challenges successfully, particularly given the...more

Hinshaw & Culbertson LLP

New Session, New Laws, New Lens: How Louisiana’s 2025 Legislative Session and the Federal One Big Beautiful Bill Act Have Reshaped...

A significant piece of legislation seems to have slipped under the radar of many watching the carbon capture & storage (“CCS”) space in Louisiana. While on the national level, contrary to some fears, the One Big Beautiful...more

Foley Hoag LLP - Energy & Climate Counsel

MA Appeals Court Sets New Precedent Protecting Solar Development in Local Permitting

A recent decision of the Massachusetts Appeals Court sets an important precedent in favor of solar development in the Commonwealth. In Sunpin Energy Services, LLC v. Zoning Board of Appeals of Petersham, the court unanimously...more

McGuireWoods LLP

Georgia’s Growth Demands New Infrastructure Blueprint: State Launches Long-Term Policy Study

McGuireWoods LLP on

With more than one million new residents expected by 2035 and a surge in industrial megaprojects statewide, Georgia finds itself at a pivotal moment for infrastructure planning. The state had rapid expansion in sectors such...more

McGuireWoods LLP

Georgia House Special Committee to Shape Long-Term Energy and Water Policy

McGuireWoods LLP on

On May 22, 2025, the Georgia House of Representatives convened the inaugural meeting of the Special Committee on Resource Management, a group charged with examining how Georgia will manage the long-term demands of population...more

Goldberg Segalla

New York State Goes Nuclear

Goldberg Segalla on

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

Mintz - Antitrust Viewpoints

Senate Strikes 10-Year State Law Moratorium from Budget Reconciliation Bill and Trump Plans to Sign AI Growth Executive Order —...

On Tuesday, July 1, the Senate passed the “Big Beautiful Bill” with Vice President Vance casting the tie-breaking vote.The bill as passed contains no moratorium on state-level AI laws. Even after the provision that had passed...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

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

Central Arkansas Energy and Environment Innovation Plan: Metroplan Announces Board Approval/Soliciting Public Comments

Metroplan announces on June 27th that its Board of Directors had approved an Energy and Environment Innovation Comprehensive Action Plan (“Plan”). Metroplan states that the plan will be released for public comment starting...more

McGuireWoods LLP

Georgia Surpasses Northern Virginia in Data Center Leasing — Now Comes Legislative Scrutiny

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Georgia has overtaken Northern Virginia as the country’s most active data center market. According to CBRE’s 2024 North American Data Center Trends Report, metropolitan Atlanta recorded 705.8 megawatts (MW) of net absorption,...more

Mintz - Antitrust Viewpoints

Senate Parliamentarian Approves Ted Cruz’s Rewritten 10-Year State AI Law Moratorium, and Senate Introduces Bipartisan Preventing...

The Senate Parliamentarian approved Senator Ted Cruz’s (R-TX) rewritten version of the House-passed 10-year state AI law moratorium, after concerns that the original moratorium would not comply with the Senate’s Byrd Rule....more

Foley Hoag LLP

Climate Law Matters: Energy & Climate Newsletter - June 2025

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In this Issue: Fusion, Federal Actions & Other Climate Hot Topics - Welcome to the June 2025 edition of Climate Law Matters. Foley Hoag continues to monitor the latest legal developments affecting renewable energy,...more

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