Legal & Regulatory

Well over half of North America faces a potential shortage of electricity supplies in the coming years, compounded by surging demand growth, accelerating generator retirements, and delays in resource development, the North American Electric Reliability Corporation (NERC) has warned in its latest 2024 Long-Term Reliability Assessment (LTRA). The designated electric reliability organization’s (ERO’s) annual 10-year […]

The U.S. Department of Energy (DOE) has advanced three potential National Interest Electric Transmission Corridors (NIETCs) into Phase 3 of its designation process, focusing on areas with critical transmission constraints to enhance grid reliability and reduce consumer costs. The measure is historic—given no NIETCs currently exist despite a decades-long effort to establish them—and it marks […]

In the rapidly evolving landscape of power generation, companies are increasingly integrating smart grids and artificial intelligence (AI) into their operations. This transition, while promising enhanced efficiency and reliability, also brings forth a myriad of challenges, particularly in the realms of cybersecurity and legal compliance. This commentary delves into three legal issues around emerging cybersecurity […]

In three front-page rulings this summer, the U.S. Supreme Court made sweeping changes to the ways that federal judges will review future agency actions—including a rejection of its longstanding Chevron

The U.S. Environmental Protection Agency has proposed tougher nitrogen oxide (NOx) emissions limits for new, modified, and reconstructed stationary combustion turbines. The proposed rule identifies a combination of combustion controls and selective catalytic reduction (SCR) as the Best System of Emission Reduction (BSER) for most turbines though it proposes combustion controls alone for certain smaller […]

The energy landscape in the U.S. is undergoing a seismic shift, owing in part to the exponential growth of generative artificial intelligence (AI) applications and data centers, according to McKinsey & Company. This rise in energy demand is further exacerbated by the country’s increasing seasonal cooling and heating needs due to extreme weather. To offset […]

Federal regulation of customer loads located next to existing power generating facilities, referred to as “co-located loads,” have become a significant area of interest for the electric industry. Large industrial loads have taken an interest in this configuration because it promises a faster, streamlined pathway to interconnecting to the grid and meeting their power supply […]

President-elect Donald Trump’s transition team has made the U.S. energy industry a focus of its plans for his first days in office, with analysts and energy experts expecting a rollback of environmental regulations for coal- and natural gas-fired power plants. That may have some utilities rethinking their strategies about the scheduled closure of some fossil […]

The Nuclear Regulatory Commission (NRC) has taken a historic step by voting to issue construction permits for Kairos Power’s 70-MWth Hermes 2, a “low power” advanced test facility comprising two 35-MWth molten salt reactors. “Following the Commission’s vote, Hermes 2 is now the first electricity-producing Gen IV plant to be approved for construction in the […]

With the 2024 U.S. presidential election rapidly approaching, energy mergers and acquisitions (M&A) professionals are considering how a new presidency could impact the transaction planning, structuring and execution of deals, including how the candidates are likely to approach regulation, especially around M&A. Both candidates are prioritizing different energy subsectors as part of their economic vision […]

A $900 million funding opportunity released by the Department of Energy (DOE) on Oct. 16 seeks to spur “first mover” teams that could deploy the first two Gen III+ light water small modular reactors (SMRs) in the U.S. It will also provide funding for “fast follower” deployment support by addressing critical gaps that have long […]

President Biden signed the Inflation Reduction Act (IRA) into law in 2022. The IRA is the largest public investments in renewable energy in American history and created more than 20 different tax incentives for renewable energy and related manufacturing. Certain Republic politicians have directed vitriol at the IRA. However, even if Republicans win the White […]

What happens when you suffer a catastrophic injury at work and can’t continue in your career? Workers compensation begins. Those payments last until you reach the maximum medical improvement point. How long will you receive those benefits? It varies from state-to-state. In California, for example, benefits pay up to 104 weeks for most injuries and […]

The U.S. Supreme Court has said that rules requiring power plants burning fossil fuels to reduce emissions of toxic substances can stand, dealing a blow to several Republican-led states and some power generators that had challenged the regulations. The Environmental Protection Agency (EPA) in May of this year finalized rules on emissions of mercury, after […]

The Department of Energy (DOE) has awarded capacity contracts of up to $1.5 billion to four major transmission lines under its Transmission Facilitation Program (TFP) to aid the transfer of 7.1 GW of new capacity throughout Louisiana, Maine, Mississippi, New Mexico, Oklahoma, and Texas. The DOE’s Grid Deployment Office (GDO) on Oct. 3 also released its […]

Two-thirds of Americans say that they support the development of alternative energy sources such as wind, solar, and hydrogen power. At least that’s what the Pew Research Center found in a nationwide survey

In an era of increasing environmental awareness, companies, particularly those in the energy sector, face heightened scrutiny over how they market their products. Natural gas, often promoted as a cleaner alternative to other fossil fuels, has become a focal point of this scrutiny. However, the Federal Trade Commission (FTC) Green Guides, a set of guidelines […]

Marking the first-ever revival of a nuclear power plant in the U.S., the Department of Energy (DOE) on Sept. 30 finalized a $1.52 billion loan guarantee to Holtec International to support the recommissioning of the 800-MW Palisades nuclear plant in Covert Township, Michigan. Separately, the U.S. Department of Agriculture (USDA) awarded electric cooperative Wolverine Power […]

A project that will demonstrate the conversion of a former coal mine in Bell County, Kentucky, into a utility-scale 287-MW pumped storage hydroelectric facility has garnered federal backing from the Department of Energy’s (DOE) Office of Clean Energy Demonstrations (OCED). Rye Development, a pumped storage hydropower developer, on Sept. 25 secured $12.1 million—the first tranche […]

The Supreme Court’s landmark decision this past summer in Loper Bright Enterprises v. Raimondo marks a significant shift in administrative law by overturning the long-standing principle of Chevron deference, which was established in Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc. in 1984. The Loper ruling from earlier this year is poised to have […]

With legislative momentum around clean power generation and net-zero emissions policies rapidly building, the U.S. is seeing rapid increases in installed wind and solar capacity each year. At the same time, older generations of renewables are facing a new challenge: obsolescence. The first utility-scale wind and solar projects in the U.S. were developed in the […]

The U.S. clean hydrogen sector is poised for significant growth, driven in part by its potential to reduce carbon dioxide emissions in hard-to-abate industries such as transportation and chemical production. The Inflation Reduction Act (IRA) and the Bipartisan Infrastructure Law (BIL) have catalyzed this momentum, providing production tax credits (PTCs) and billions in funding to […]

Following more than three years of planning and analysis, California has established an offshore wind goal of 7,600 MW, with procurements starting as early as 2027. Through its central procurement efforts, California intends to bring about a “market transformation” to help reduce the costs of particular technologies, like offshore wind, allowing them to be developed […]

The growth of distributed energy resources (DERs) has significantly increased over the past decade as the U.S. moves to decarbonize the electric grid. Growth has been possible by incentivizing the transition to clean energy; states and federal legislation, such as the Inflation Reduction Act (IRA), have used tax credits and other programs to accelerate deployment. […]

The Department of Energy (DOE) has selected 293 hydroelectric projects across 33 states that will receive up to $430 million in incentive payments for capital improvements directly related to grid resiliency, dam safety, and environmental improvements. The funding, unveiled on Sept. 5, stems from the DOE Grid Deployment Office’s (GDO’s) Maintaining and Enhancing Hydroelectricity Incentives […]

The Texas Energy Fund (TEF), a flagship loan program designed to boost the state’s dispatchable generation, faced its first setback on Sept. 4 when the Public Utility Commission of Texas (PUCT) denied Aegle Power’s loan application for a 1,292-MW combined cycle generating facility in Harlingen—its second-largest shortlisted facility. The PUCT said Aegle Power’s application, filed […]

The Environmental Protection Agency (EPA) has doubled down on its stance that carbon capture is “adequately demonstrated” in a brief filed with the U.S. Supreme Court as part of a bid to urge the high court to allow the agency’s contentious Carbon Pollution Standards to remain in effect while legal challenges continue. The Supreme Court […]

Renewable energy project developers and contractors must be prepared to negotiate novel risks in a quickly changing global market. Technological innovations in renewable energy equipment and decreasing

Our electric system was designed to experience service interruptions once per decade. That time is long gone. In the past three years, the U.S. South has sustained two debilitating winter storms, forcing utilities to cut power when their customers needed it the most. In 2023 alone, the U.S. was hit with more than 28 separate […]

To secure federal funding, developers must navigate various financing and investment options related to grid resiliency and modernization, transmission deployment, and critical electric generation facilities. Responding to funding demands, however, can pose significant challenges. Balancing early-stage project commitments with application requirements blurs the line between speculating about long-term project details, being non-responsive, and making costly […]