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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.

Court Annuls New York’s Wetlands Regulations for Failure to Comply with SEQRA
Blog April 14, 2026
On April 8, 2026, Albany County Supreme Court Justice Richard M. Platkin made a splash when he annulled 6 NYCRR Part 664 – New York State’s wetlands permitting regulations promulgated under the 2022 adoption of amendments to New York State Environmental Conservation Law Article 24, the Freshwater Wetlands Act – in its entirety for noncompliance with the State Environmental Quality Review Act (“SEQRA”)…
Wading Into New York’s 2025 NYS Wetlands Permitting Changes
Blog October 30, 2025
Over the last year, the New York State (“NYS”) wetlands permitting and statutory regime has been flooded with activity as the impacts of the 2022 statutory amendments ripple outward…
Supreme Court Curtails Federal Wetlands Protections; Developers Still Must Consider State and Local Wetlands Laws
Blog May 31, 2023
On May 25, 2023, the Supreme Court issued its long-awaited decision in Sackett v. Environmental Protection Agency, which significantly narrowed the Clean Water Act's (“CWA”) test for determining whether wetlands are protected “waters of the United States” and the federal permitting requirements for development projects in covered wetlands areas. The Court's Ruling The Supreme Court's ruling has two basic parts: It adopts Justice Scalia's plurality opinion in Rapanos v…

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.