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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.

SJC's Sunpin Decision: A Win for Solar Development, But Not the Last Word
Blog July 17, 2026
On July 14, 2026, the Massachusetts Supreme Judicial Court (“SJC”) issued its decision in Sunpin Energy Services, LLC v. Zoning Board of Appeals of Petersham, holding in favor of solar development and reaffirming that local zoning boards have only narrow authority to deny solar special permits…
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”)…
TerraPower Successfully Navigates the NRC Permitting Process
Blog March 24, 2026
On March 4, 2026, the U.S. Nuclear Regulatory Commission (“NRC” or the “Commission”) unanimously voted to issue a construction permit to a subsidiary of TerraPower, LLC (“TerraPower”), authorizing the company to construct the Natrium reactor project in Kemmerer, Wyoming…
Fusion Update: NRC Publishes Proposed Regulatory Framework For Fusion Machines
Blog March 17, 2026
We previously commented on the Nuclear Regulatory Commission’s (the “NRC’s”) ongoing efforts to develop a regulatory framework for commercial fusion energy…
New Daylight for Geothermal: How Federal Support and Bipartisan Permitting Reform Are Fueling a Geothermal Boom
Blog March 16, 2026
As wind and solar development faced political and regulatory headwinds over the past year, the Trump Administration signaled renewed momentum for geothermal energy development…
Massachusetts Finalizes Clean Energy Siting and Permitting Rules
Blog March 11, 2026
After more than a year of hard work by regulators and stakeholders, Massachusetts has finalized the bulk of the regulations needed to implement the siting and permitting reforms enacted in the 2024 Climate Act…
The DATA Act of 2026 and the Future of Data Center Development
Blog March 09, 2026
Data centers are the physical backbone of the AI revolution…
Data Centers in Maine: Challenges, Policy and Development Updates, and Permitting Considerations
Blog January 12, 2026
Currently, data center capacity in the United States is concentrated in northern Virginia and in several large cities throughout the country, but continued demand for additional data center capacity may encourage developers to pursue development outside of those clusters and in less urban areas…
New York State Seeks Stakeholder Feedback to Inform Closed-Loop Geothermal Drilling Rules
Blog August 14, 2025
Last month, the New York State Department of Environmental Conservation (NYSDEC) published an Advanced Notice of Proposed Rule Making (ANPRM) to solicit stakeholder input on future proposed regulations for closed-loop geothermal boreholes and closed-loop stratigraphic test wells drilled deeper than 500 feet…
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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.