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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.

The Prohibited Foreign Entity (or FEOC) Rules and Battery Storage
Blog July 16, 2026
Over the past year, battery storage developers and equipment manufacturers have had to contend with new “Prohibited Foreign Entity” (PFE) rules—commonly called the FEOC (“foreign entity of concern”) requirements…
New IRS MACR Guidance: What It Means for Section 45X Advanced Manufacturing Production Tax Credits
Blog March 30, 2026
Recent IRS guidance, Notice 2026-15, clarifies how to calculate the “material assistance cost ratio” or “MACR” for clean energy component manufacturers seeking to claim the Section 45X advanced manufacturing production tax credit (“45X”)…
Full Steam Ahead: Financing Geothermal 2.0
Blog March 20, 2026
Among renewable resources, few offer the benefits of geothermal –reliable, firm power that provides a stable base for intermittent resources like solar and wind and that is produced from an abundant domestic resource accessed using well-established equipment and methodologies…
New Daylight for Geothermal: How Federal Support and Bipartisan Permitting Reform Are Fueling a Geothermal Boom
Blog March 16, 2026
As wind and solar development faced political and regulatory headwinds over the past year, the Trump Administration signaled renewed momentum for geothermal energy development…
The DATA Act of 2026 and the Future of Data Center Development
Blog March 09, 2026
Data centers are the physical backbone of the AI revolution…
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…
EV Roundup
Blog January 14, 2026
Looking back on the last year, the U.S. saw a dramatic shift in federal electric vehicle policy in favor of fossil fuels…
The Prospects For Climate Change Litigation Against the United States Government Continue to Dim
Blog October 21, 2025
Last year, when the Ninth Circuit Court of Appeals granted a mandamus petition and ordered that the complaint in Juliana v. United States be dismissed for the second time, I acknowledged that I had become more skeptical about the prospects for citizens’ climate litigation…
Massachusetts Energy Storage Procurement Underway
Blog September 08, 2025
Massachusetts’s first “Section 83E” procurement for energy storage is underway, with bids due Wednesday, September 10, 2025, at noon…
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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.