Legal & Regulatory

The U.S. Supreme Court on April 6 reinstated a Trump-era environmental rule that limited state and tribal roles in enforcing a section of the Clean Water Act (CWA) related to project certification. The order is a temporary triumph for eight states and three energy trade associations, including the National Hydropower Association (NHA). The high court’s […]

The Biden administration in 2021 announced its goal of developing 30 GW of offshore wind energy by 2030. Deep water off the West Coast means that any wind energy generation on this side of the U.S. must float

Investor-owned electric companies are thoroughly reviewing the Securities and Exchange Commission’s (SEC’s) broad new proposed rule that requires registrants to disclose climate-related risks and governance, and plan to remain engaged with the regulatory agency as the rulemaking continues. The proposed rule, which the SEC approved 3–1 on March 21, has drawn intense interest from the […]

The Nuclear Regulatory Commission  (NRC) in a dramatic reversal on Feb. 24 threw out a key environmental review that staff applied to subsequent license renewal (SLR) approvals for units at Turkey Point and Peach Bottom nuclear plants in 2019 and 2020, deeming their applications “incomplete.” In a series of orders, the federal regulatory agency’s three […]

Notwithstanding the ongoing impacts of COVID-19, in 2021 the deployment of solar, solar + storage, stand-alone storage, wind, and other renewable energy technologies continued to rapidly expand across the U.S

In the race to generate and distribute renewable energy, developers must clear numerous regulatory hurdles. For many projects, this may include obtaining a voluntary “incidental take” permit under the Bald and Golden Eagle Protection Act (BGEPA). The BGEPA incidental take permitting program has frustrated both developers and operators due to, among other things, uncertainty of […]

Handing a muted victory to proponents of nuclear and gas, the European Commission (EC) on Feb. 2 adopted a measure that labels some nuclear and gas energy activity as climate-friendly investments. However, it set out strict, potentially limiting technical screening criteria for those activities to qualify, prompting pushback from the nuclear and gas industries. The […]

In February 2021, a severe cold weather event, known as Winter Storm Uri, caused numerous power outages, derates, or failures to start at electric generating plants scattered across Texas and the south-central U.S. The Electric Reliability Council of Texas (ERCOT), which manages the power supply for about 90% of the load in Texas, ordered a […]

In late January, the U.S. Court of Appeals for the 4th Circuit in Richmond, Virginia, took up a case that could play an important role in deciding the future of climate change lawsuits in the U.S. The immediate issue is a dry question of procedure—the grounds for removal of a case from state court to federal court. But […]

Even the most casual observers of the energy and automotive industries are aware that electric vehicle (EV) sales in U.S. markets are on the rise. Over the past 10 years, sales of plug-in EVs have steadily