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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.

Load Growth and the Demand Side Revolution
Blog July 30, 2026
Trillions of dollars of AI capital are chasing roughly 100 gigawatts (“GW”) of electric power, and the nation’s electric-sector regulators – the policymakers at the federal and state levels, as well as the administrators of the various RTOs/ISOs – have a critical role to play in helping them secure it…
What Regulators Can’t See: The American Efficient Case and the Future of Demand-Side Oversight
Blog May 28, 2026
On April 15, 2026, the Federal Energy Regulatory Commission (“FERC”) imposed a $722 million civil penalty against American Efficient, LLC (“American Efficient”) and its affiliates in one of the largest enforcement actions in FERC’s history…
Navigating the Challenges of Data Center Growth – Focus Issue: Off World Compute, Earthly Laws: Comments on Service Interruptions, Collision Risk, and Data Processing for Extraterrestrial Data Centers
Blog December 23, 2025
The exponential demand for data center capacity—along with competition for terrestrial electricity capacity, constraints on land use, and cooling requirements—are generating increasing interest in placing data centers in outer space…
 Navigating the Challenges of Data Center Growth—Part II: Water, Siting, and E-Waste
Blog December 18, 2025
In this post, we dive into three other major challenges: reducing water use, site selection and community engagement, and electronic waste generation…
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…
Massachusetts Gears Up for Energy Storage Grant Program
Blog September 26, 2016
The report on energy storage released by the Massachusetts Department of Energy Resources (DOER) and the Massachusetts Clean Energy Center (MassCEC) on September 16 put forward a bevy of policy proposals that have reinvigorated discussions of energy storage in the Commonwealth.  A key policy initiative that seems certain to be implemented is the Advancing Commonwealth Energy storage (ACES) Program a $10 million, competitive grant program for energy storage projects to be administered by…
Supreme Court Revives FERC Order No. 745; FERC Maintains its Role in a Distributed Energy World
Blog January 27, 2016
The Supreme Court handed down a decision on Monday in Federal Energy Regulatory Commission v. Electric Power Supply Association affirming FERC's Order No. 745.  Order No. 745 generally requires market operators to pay the locational marginal price (LMP) for demand response (offers to voluntarily curtail electricity use)—the same price paid to generators for producing electricity.  (Seth Jaffe previously posted on the decision.)  The Supreme Court's decision reverses a May 2014 decision…
Supreme Court to Issue FERC Demand Response Decision in 2016
Blog December 28, 2015
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…
San Diego Gas  Electric Company Proposes Paying Customers to Install Customer-Owned Energy Storage Resources
Blog August 19, 2015
One key challenge to tapping the full potential of energy storage systems to improve the function of the electric grid is the absence of obvious paths for the owner of storage resources to realize the revenue opportunities associated with all of the various services that such a resource could provide.  Energy storage resources can frequently provide multiple services – often crossing lines between categories of traditional resources that are compensated under different regulatory schemes…

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.