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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.

SEC Proposes Full Rescission of Climate-Related Disclosure Rules
Blog June 01, 2026
SEC Proposes Full Rescission of Climate-Related Disclosure Rules
The Commission’s May 2026 proposal to withdraw its landmark climate disclosure regime marks a decisive shift in federal ESG rulemaking—with significant strategic implications for public companies, investors, and legal counsel navigating a fragmented disclosure landscape…
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…
Citing ESG Concerns, FERC Seeks Comments on Section 203 Blanket Authorizations for Investment Companies
Blog January 02, 2024
Citing ESG Concerns, FERC Seeks Comments on Section 203 Blanket Authorizations for Investment Companies
On December 27, 2023, the Federal Energy Regulatory Commission (FERC or Commission) published a notice of inquiry in the Federal Register seeking comment on potential revisions to its policy on providing blanket authorizations for investment companies under section 203(a)(2) of the Federal Power Act (FPA), and what constitutes control of a public utility (and what factors should be considered) in evaluating requests for such authorizations…
Anticipating the U.S. Securities and Exchange Commission's ESG Disclosure Rules and Guidelines: How to Stay Ahead of the Game
Blog August 21, 2023
Anticipating the U.S. Securities and Exchange Commission's ESG Disclosure Rules and Guidelines: How to Stay Ahead of the Game
As more advisory services, investment companies, and public companies have publicized their Environmental, Social, and Governance (ESG) goals, the U.S. Securities and Exchange Commission (SEC) has proposed a set of new rules intended to create a consistent, comparable, and reliable source of information regarding climate change impacts and sustainability efforts to inform and protect investors while facilitating further innovation in this evolving area. The SEC's proposed new rules have…
Accelerating Electric Vehicle Adoption in 2022
Blog January 22, 2023
Accelerating Electric Vehicle Adoption in 2022
This past year represents a real turning point in the transition to electric vehicles, demonstrated by new major incentives and regulatory activities at both federal and state government levels and several notable accomplishments in the private sector. First, the U.S. government approved EV Infrastructure Deployment Plans for all 50 states, the District of Columbia and Puerto Rico with an estimated $4.155 billion in funding going to states in the next five years to build out EV…
Losses Continue to Mount For ExxonMobil in its Fight to Prevent State Attorney General Climate Investigations
Blog April 07, 2022
Losses Continue to Mount For ExxonMobil in its Fight to Prevent State Attorney General Climate Investigations
On March 15, 2022, the Second Circuit rejected an appeal brought by ExxonMobil attempting to block investigations by the New York and Massachusetts Attorneys General into historical claims made by Exxon regarding climate change.  These cases have a long procedural history in both state and federal courts as Exxon has employed multiple procedural vehicles to attempt to halt the investigations.  Generally, both investigations relate to whether Exxon intentionally mislead investors and the…
2021 Marked by SEC Focus on Climate-related Disclosures
Blog November 03, 2021
2021 Marked by SEC Focus on Climate-related Disclosures
With the third quarter coming to a close and year-end reporting just around the corner, public companies should be giving careful thought to the evolving landscape for climate-related disclosures. While it did not promulgate any new rules in 2021 regarding these disclosures, the SEC has been actively commenting on climate change disclosures, and new rules are almost certainly on the way. Since 2010, the SEC has made clear that its existing disclosure regime requires issuers to assess and…
Congress A Step Closer to Making Corporate ESG Disclosure Mandatory
Blog June 25, 2021
Congress A Step Closer to Making Corporate ESG Disclosure Mandatory
On June 16, 2021, the U.S. House of Representatives passed legislation that would impose new ESG due diligence and disclosure requirements on publicly traded companies.  H.R. 1187 – the ESG Disclosure Simplification Act of 2021 – would require publicly traded companies to disclose their commitments to ensuring that environmental, social (human rights), and good governance standards (ESG) are reflected in their operations, activities, and supply chains. The Legislation's Impact on ESG Due…
President Biden's “Climate-Related Financial Risk” Executive Order Pushes Forward on the Administration's ESG Commitments
Blog June 02, 2021
President Biden's “Climate-Related Financial Risk” Executive Order Pushes Forward on the Administration's ESG Commitments
On May 20, 2021, President Biden signed an Executive Order to address predicted financial instability in the federal government as a result of climate change. This Executive Order showcases a dramatic change in how the Biden Administration's stance towards climate-finance and environmental, social, and governance (ESG)-based investments will differ from the previous administration. The Executive Order, titled “Climate-Related Financial Risk” seeks to “bolster the resilience of our rural…
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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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