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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.

Massachusetts Finalizes Clean Energy Siting and Permitting Rules
Blog March 11, 2026
After more than a year of hard work by regulators and stakeholders, Massachusetts has finalized the bulk of the regulations needed to implement the siting and permitting reforms enacted in the 2024 Climate Act…
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…
SMART 3.0 Program Key Changes and Features: Mitigation Fees
Blog July 25, 2025
This post focuses on a key change in the newest iteration of SMART: the introduction of mitigation fees for solar projects that are located on land that has not been previously developed…
RGGI Third Program Review Concludes: New Model Rule and Strengthened Emission Caps Unveiled Amid Federal Scrutiny
Blog July 22, 2025
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 2037…
DOER Releases SMART 3.0 Program Emergency Regulations – Public Comments Due July 25, 2025
Blog June 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 incentive program supporting the development of solar in Massachusetts…
Massachusetts Statewide Large Building Energy Reporting Rules Now in Effect
Blog June 12, 2025
The Massachusetts Department of Energy Resources (DOER) has finalized the regulations implementing the Commonwealth’s Large Building Energy Reporting (LBER) policy, codified at M.G.L. c. 25A, § 20 and detailed in 225 CMR 27.00…
2024 Clean Energy Act Promotes Energy Storage Deployment Across Massachusetts
Blog January 15, 2025
Our latest blog post in our Massachusetts Clean Energy act series gives an overview of the primary energy storage procurement-related provisions…
Permitting Perils: Navigating Zoning Law Challenges for Battery Energy Storage Projects
Blog June 13, 2024
While the technology of battery energy storage has advanced rapidly, the law surrounding the permitting and siting of such systems has often been slow to catch up. As a consequence — whether due to local caution or local opposition — many storage projects are finding that zoning is one of the major challenges to bringing stand-alone storage systems online. Squaring the zoning circle is one of the keys to developing a successful storage project…
MA Environmental Justice Strategy Presents New Policies to Combat Statewide Environmental Injustice
Blog February 22, 2024
On February 15, 2024, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) released Massachusetts’ inaugural Environmental Justice Strategy (“EJ Strategy”), a comprehensive set of initiatives and programs which aims to combat environmental inequities and reverse the effects of environmental injustice in historically marginalized communities across the state…
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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.