News & Analysis as of

State and Local Government Renewable Energy

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

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

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

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

Maryland Offshore Wind Project/New Source Review: U.S. EPA Environmental Appeals Board Challenge Filed

The Mayor and City Council of Ocean City and the Commissioners of Worcester County, Maryland (collectively, “Petitioners”) filed on July 8th before the United States Environmental Protection Agency’s Environmental Appeals...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

Harris Beach Murtha PLLC

LIHTC Provisions Become Permanent in Senate Reconciliation Bill

On July 1, 2025, in a 51-50 vote, the Senate approved its tax reconciliation bill which includes key provisions to expand the low-income housing tax credit (LIHTC). If enacted, these provisions would amount to the largest...more

Saul Ewing LLP

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

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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

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

Cozen O'Connor

Pennsylvania Perspective for Thursday, June 26, 2025

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Medicaid Costs Dominate Budget Talks as Deadline Looms- Pennsylvania lawmakers are locked in tense budget negotiations as Governor Josh Shapiro’s (D) proposed $2.5 billion increase in Medicaid funding faces pushback from...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

Pullman & Comley - For What It May Be Worth

Solar Property Tax Exemptions Granted by Connecticut Tax Court

In two recent decisions, Connecticut Tax Court Presiding Judge Matthew Budzik found that three facilities consisting of solar panels and related equipment were entitled to property tax exemptions pursuant to Connecticut...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

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

Arkansas Department of Energy and Environment - Oil and Gas Commission: Saltwerx, LLC Lithium Compensation Structure Approved

The Arkansas Department of Energy and Environment - Oil and Gas Commission (“Commission”) addressed an application for the establishment of a lithium compensation structure for Saltwerx, LLC (“Saltwerx”)....more

Polsinelli

New Jersey BPU Launches Multi-Phase Energy Storage Incentive Program

Polsinelli on

PJM-ready projects are a must. Eligible projects must (1) be transmission-connected (PJM bulk power system) and located in a New Jersey transmission zone; (2) have PJM interconnection approval (or capacity interconnection...more

Troutman Pepper Locke

Texas Legislature Tilts Against Windmills: Is This the End of Wind Energy on the Texas Coast?

Troutman Pepper Locke on

Much has been written in recent weeks about how the renewable energy industry in Texas dodged a bullet — several bullets actually — when three high-profile bills targeting the industry failed to pass in the recent legislative...more

Kohrman Jackson & Krantz LLP

Ohio’s Energy Sector Gets Strategic: Matching Energy Supply with a New High-Tech Demand

Ohio has long enjoyed a competitive edge in the cost of commercial electricity. It’s deregulated market and plentiful coal and gas-fired generation keep commercial power rates near 11.25 ¢/kWh—below the national business...more

Spilman Thomas & Battle, PLLC

Currents - Energy Law Insights, V 9, Issue 6, June 2025

Welcome to our sixth issue of Currents 2025. We are covering a multitude of issues in this edition, but we want to pass along a couple of announcements first. Again, thank you for reading! Amazon and Pennsylvania Join the...more

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

Long-Term Planning Among Regulated Natural Gas Utilities: National Association of Regulatory Utility Commissioners Report...

The National Association of Regulatory Utility Commissioners (“NARUC”) has issued a report titled: Long-Term Planning among Regulated Natural Gas Utilities: A Review of State Requirements (“Report”)....more

Jenner & Block

Legal Considerations Concerning the End-of-Life Management of Solar, Wind, and Battery Technologies in the US

Jenner & Block on

Solar, wind, and battery technologies have, and will continue to be, front and center of the renewable energy and clean technology transition. Entities in the renewable energy and clean technology space should be closely...more

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

Water Quality Trading/Louisiana Department of Environmental Quality: First Pollutant Reduction Credit Is Certified

The Louisiana Department of Environmental Quality (“LDEQ”) issued a May 30th news release stating that it has: …certified the state’s first pollutant reduction credits under its Water Quality Trading (“WQT”) program — a...more

Jones Day

Trump Paves Way for Coal Renaissance and Targets State Climate Change Efforts

Jones Day on

In early April, President Trump issued several energy-related presidential actions aimed at reviving the coal industry. These actions could boost the domestic coal industry, including by rolling back environmental regulations...more

Vorys, Sater, Seymour and Pease LLP

Ohio Passes Bill to Encourage Energy Infrastructure Development

Ohio Governor DeWine recently signed Substitute House Bill 15 (HB 15) which will take effect on August 14, 2025. HB 15 contains many provisions intended to encourage the development of Ohio electric generation facilities and...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

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