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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.

Can the Administration Persuade States Not to Bring Climate Litigation?
Blog January 30, 2026
Last year, the United States sued the State of Michigan, seeking a preemptive court order preventing Michigan from filing suit against firms in the “fossil fuel industry”…
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…
Trump Administration Sues Four States to Block Climate Superfund Legislation and Climate Deception Litigation
Blog May 09, 2025
As we have noted previously, a number of states have enacted legislation and/or brought claims against fossil fuel producers seeking payment for damages resulting from climate change…
Trump Executive Order Targets State Climate Laws—and RGGI?
Blog April 15, 2025
On April 8, the White House issued an Executive Order aimed at “Protecting American Energy from State Overreach.”…
Climate Litigation Against the US Is Dead. How Long Will State Climate Damage Cases Survive?
Blog March 25, 2025
On Monday morning, the Supreme Court denied certiorari in Juliana v. United States. The cert…
More on Climate Superfund Laws and Litigation
Blog January 13, 2025
Last week, we posted about New York State’s enactment of the Climate Change Superfund Act. We promised to continue to monitor developments concerning climate superfund legislation and to update readers as necessary. It’s been less than a week, and here we are…
New York’s Climate Superfund Act Forces Polluters to Fund State Climate Adaptation Projects
Blog January 09, 2025
On December 26, 2024, New York Governor Kathy Hochul signed into law the “Climate Change Superfund Act," which seeks to impose retroactive fees on fossil fuel producers for their disproportionately large contributions to negative climate change impacts…
2024 Clean Energy Bill Introduces Embodied Carbon Reduction Plan
Blog January 07, 2025
Embodied carbon, also known as “embedded emissions” or “embodied emissions,” refers to the greenhouse gas emissions associated with the production, extraction, transport, and manufacturing of a product, particularly building and infrastructure materials…
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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.