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Energy & Climate Counsel

Your one-stop resource for timely analysis of legal and policy developments affecting the energy and climate sectors. We focus on the issues that matter most to you, from federal and state policy and judicial decisions to business trends and financing news.

Load Growth and the Demand Side Revolution
Blog July 30, 2026
Trillions of dollars of AI capital are chasing roughly 100 gigawatts (“GW”) of electric power, and the nation’s electric-sector regulators – the policymakers at the federal and state levels, as well as the administrators of the various RTOs/ISOs – have a critical role to play in helping them secure it…
What Regulators Can’t See: The American Efficient Case and the Future of Demand-Side Oversight
Blog May 28, 2026
On April 15, 2026, the Federal Energy Regulatory Commission (“FERC”) imposed a $722 million civil penalty against American Efficient, LLC (“American Efficient”) and its affiliates in one of the largest enforcement actions in FERC’s history…
New York Senate Passes ASAP Act to Increase Solar Funding and Reduce Deployment Costs
Blog April 29, 2026
On April 21, 2026, the New York State Senate passed the Accelerate Solar for Affordable Power (ASAP) Act (2025-S6570A)…
Court Annuls New York’s Wetlands Regulations for Failure to Comply with SEQRA
Blog April 14, 2026
On April 8, 2026, Albany County Supreme Court Justice Richard M. Platkin made a splash when he annulled 6 NYCRR Part 664 – New York State’s wetlands permitting regulations promulgated under the 2022 adoption of amendments to New York State Environmental Conservation Law Article 24, the Freshwater Wetlands Act – in its entirety for noncompliance with the State Environmental Quality Review Act (“SEQRA”)…
Massachusetts Commercial Property Assessed Clean Energy (CPACE): A New Era on the Horizon?
Blog April 09, 2026
Nearly a decade ago, Massachusetts joined many other states in authorizing a Commercial Property Assessed Clean Energy (CPACE) program called PACE Massachusetts to support energy efficiency and renewable energy investments in commercial real estate…
How NYSERDA's Contracts Might Reduce Electricity Costs
Blog March 04, 2026
With skyrocketing electricity load growth, ongoing electrification of U.S. transportation and heating sectors and a new conflict in the Middle East roiling energy markets, the prospect of rising electricity prices is top of mind for policymakers, politicians, market participants and ratepayers around the country…
Wading Into New York’s 2025 NYS Wetlands Permitting Changes
Blog October 30, 2025
Over the last year, the New York State (“NYS”) wetlands permitting and statutory regime has been flooded with activity as the impacts of the 2022 statutory amendments ripple outward…
After the One Big Beautiful Bill Act, Could C-PACE for C&I Solar have its Moment in the Sun?
Blog August 11, 2025
The recent passage of the One Big Beautiful Bill Act (OBBBA) has introduced significant hurdles to obtaining the tax equity financing upon which solar developers have traditionally relied…
NYPA’s New 7 GW Renewable Development Goal: What to Expect When Contracting With NYPA
Blog August 05, 2025
On July 29, 2025, the New York Power Authority (“NYPA”) released for public comment a draft of the NYPA Renewables Updated Strategic Plan (the “Updated Plan”)…
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ABOUT

Foley Hoag’s Energy & Climate Counsel blog aims to be your one-stop resource for timely analysis of legal and policy developments affecting the energy and climate sectors. We focus on the issues that matter most to our readers, from federal and state policy and judicial decisions to business trends and financing news.

Our authors, comprised of attorneys from the firm’s Energy & Climate practice, have been active in the energy and climate space for decades, counseling clients across the spectrum – from new, innovative technology companies to large utility-scale power projects. Recognizing early on the common concerns of the renewable and traditional energy fields, we established one of the first integrated practices to serve all segments of the energy and clean technology sectors. We believe this tight integration provides us with the insight to analyze the pressing issues, trends and opportunities that those in this industry have come to expect.