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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
The Prohibited Foreign Entity (or FEOC) Rules and Battery Storage
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…
30 Years of New England Electricity Restructuring Roundtable
Blog December 15, 2025
30 Years of New England Electricity Restructuring Roundtable
On December 5, 2025, Foley Hoag hosted the 30th Anniversary of the New England Electricity Restructuring Roundtable (“Roundtable”), convening leading regulators, executives, and policy experts in the region’s electric power industry to reflect on three decades of market evolution and to chart its future…
What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business Regulation Act
Blog March 22, 2024
What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business Regulation Act
On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the nation, aimed at regulating participants in the voluntary carbon offset market…
Biden Expands Consideration of Social Cost of Carbon by Federal Agencies
Blog September 22, 2023
Biden Expands Consideration of Social Cost of Carbon by Federal Agencies
On August 15, 2023, ISO New England presented preliminary results for an extended timeframe through Winter 2032 as the next phase in its ongoing exploration of potential resource adequacy impacts during extreme winter weather…
Massachusetts Department of Public Utilities Investigates Advanced Metering and Time-Varying Rates for Customers with Electric Vehicles
Blog July 21, 2020
Massachusetts Department of Public Utilities Investigates Advanced Metering and Time-Varying Rates for Customers with Electric Vehicles
On July 2, 2020, the Massachusetts Department of Public Utilities launched an “Investigation into the Modernization of the Electric Grid – Phase Two.”  In this investigation, the DPU will look again at deploying advanced metering capabilities in Massachusetts, this time with a specific focus on customers with electric vehicle charging (including site hosts). There is history here.  Some readers will recall the previous phase of “Grid Mod,” which began in 2012…
Draft Released of Highly Anticipated Massachusetts Energy Bill
Blog May 25, 2016
Draft Released of Highly Anticipated Massachusetts Energy Bill
This week a draft of the long-awaited Massachusetts energy bill was reported out of the Joint Committee on Telecommunications, Utilities and Energy. The bill would require the Commonwealth's distribution companies to competitively solicit long-term, fifteen- to twenty-year contracts for large-scale offshore wind and hydroelectric power. Notably absent from the bill are provisions addressing resources such as solar, onshore wind, nuclear, energy storage, and energy efficiency. The bill…
Supreme Court to Issue FERC Demand Response Decision in 2016
Blog December 28, 2015
Supreme Court to Issue FERC Demand Response Decision in 2016
With the Supreme Court in recess until January 11, it seems that the year will close without a ruling on whether the Federal Energy Regulatory Commission (FERC) overstepped its authority in issuing Order 745, which directs ISOs and RTOs to incentivize demand reduction by compensating cost-effective demand response resources at the market price for energy. The Supreme Court agreed to hear the case after the U.S…
Massachusetts AG Releases Study Finding No Need for New Gas Pipelines
Blog December 03, 2015
Massachusetts AG Releases Study Finding No Need for New Gas Pipelines
Last month the Massachusetts Attorney Generals Office released a study concluding that no new gas pipelines are needed for electric reliability in New England, as the region is expected to meet its energy needs through 2030. The study arrives amid a debate regarding the role of gas pipelines in New Englands energy future. Recently, the Massachusetts Department of Public Utilities ruled that it had the authority to allow distribution companies to pass along the costs of firm pipeline…

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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.

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