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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.

SMART 3.0 Program Key Changes and Features: Mitigation Fees
Blog July 25, 2025
SMART 3.0 Program Key Changes and Features: Mitigation Fees
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…
DOER Releases SMART 3.0 Program Emergency Regulations – Public Comments Due July 25, 2025
Blog June 25, 2025
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 incentive program supporting the development of solar in Massachusetts…
U.S. Department of Energy Releases Cybersecurity Baselines for Utilities and DERs
Blog March 06, 2024
U.S. Department of Energy Releases Cybersecurity Baselines for Utilities and DERs
As part of the Biden Administration’s efforts to align energy cybersecurity efforts across the country, the U.S. Department of Energy has funded the release of a set of energy distribution cybersecurity baselines for entities participating in the nationwide grid transition…
DOE Releases Draft Study Calling for More Interregional Transmission
Blog March 09, 2023
DOE Releases Draft Study Calling for More Interregional Transmission
On February 24, 2023, the U.S. Department of Energy (DOE) released for public comment a draft of its National Transmission Needs Study (“Needs Study”), which endorses boosting overall transmission capacity—and transmission between grid regions in particular. The final Needs Study, expected this summer, could have significant implications for federal transmission planning and permitting, including by informing the potential designation of National Interest Electric Transmission Corridors…
Biden Announces New Initiative on “Game-Changing” Technologies for Achieving Net-Zero Emissions
Blog November 04, 2022
Biden Announces New Initiative on “Game-Changing” Technologies for Achieving Net-Zero Emissions
On November 4, 2022, the White House announced a new initiative to support research and development projects on 37 “game-changing” technologies to advance the Biden Administration's goal of net-zero emissions by 2050. Led by an interagency working group, the “Net-Zero Game Changers Initiative” will direct billions of dollars under the bipartisan infrastructure law, the CHIPS and Science Act…
Major Climate Bill Recommits Massachusetts to Climate Goals
Blog January 05, 2021
Major Climate Bill Recommits Massachusetts to Climate Goals
On January 4th, as the legislative session came to a close, both houses of the Massachusetts legislature passed An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy.  My colleague, Seth Jaffe, posted on the act yesterday, when the details of the bill first came out, focusing on the climate and economic impacts.  There is no doubt that this act will significantly shape Massachusettss path towards a net-zero future…
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…
New Smart Program Final Regulations
Blog July 15, 2020
New Smart Program Final Regulations
On July 14, 2020, the Massachusetts Department of Energy Resources (“DOER”) filed the final version of the emergency regulations for the Solar Massachusetts Renewable Target (“SMART”) Program DOER filed in April 2020.  Foley Hoag discussed the emergency regulations in an earlier blog post. Responding to comments received from solar developers, lawmakers, and others, DOER made two major changes in the final version of the regulations, reworking provisions dealing with land use exclusions…
Experts Anticipate Iran's Next Move Will Include Cyberattacks on U.S. Energy Infrastructure
Blog January 14, 2020
Experts Anticipate Iran's Next Move Will Include Cyberattacks on U.S. Energy Infrastructure
Security experts nationwide warn that the United States should expect serious cyberattacks from Iran in the next few months. The anticipated attacks, retaliation for United States' killing of Major General Qasem Soleimani, are likely to include as targets oil refineries and other energy infrastructure.  The specific targets, and whether the attacks will be state-sponsored and strategic or carried out by individuals or smaller groups…
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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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