legal and regulatory

The Trump administration during both its terms has prioritized its efforts on reviving the coal industry by introducing a series of policy changes and executive actions intended to boost coal leasing and production on federal lands. Yet, despite these political moves, coal’s trajectory in the U.S. energy market has followed a different path.

The current state of play for tariffs is creating headwinds and challenges, along with complexity and uncertainty, for global economies and certainly the renewable energy industry. While the renewable energy sector is no stranger to tariffs and the “challenge” they present, knowing the current status of such tariffs is the first step to developing mechanisms for dealing with them in a way that can give your project the best chance at success.

The Federal Energy Regulatory Commission (FERC) on May 13 of this year issued an order addressing the formula rate filings and requests for transmission rate incentives for the Valley Link Transmission Project Portfolio. The project is a $3-billion, 417-mile multi-state transmission initiative spanning Maryland, Virginia, and West Virginia (collectively, Valley Link). While FERC approved several […]

As 2025 kicks off with new leadership, the U.S. faces new challenges like a rapidly growing demand of electricity driven in large part by data center expansion, electric vehicle adoption, bitcoin mining operations, and continued industrial growth. Electricity supply and security remains a critical concern, particularly as aging infrastructure and supply chain disruptions complicate efforts […]

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 […]

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 on June 28 overturned the Chevron doctrine—a forty-year-old precedent—significantly curtailing the power of federal agencies to interpret ambiguous statutory provisions, even in areas of agency expertise. The landmark 6–3 decision could have far-reaching effects on the power industry, with specific impact on sweeping energy regulations from the Environmental Protection Agency (EPA) […]

There are numerous articles and studies warning of the fragile nature of America’s electric grid. The vulnerabilities will only become more apparent as we continue to undergo a fundamental shift in how

In an unprecedented move, the U.S. Environmental Protection Agency (EPA) on April 25 simultaneously finalized four major environmental rules covering greenhouse gases (GHG), air toxics, wastewater discharges, and coal combustion residuals from fossil fuel-fired power plants. Among the rules is the EPA’s final Carbon Pollution Standards, which marks the agency’s third attempt to broadly curb […]

The California Advanced Clean Fleets (ACF) regulation, which began being implemented on Jan. 1, 2024, is designed to complement the Advanced Clean Trucks (ACT) rule, which mandates a significant increase in the number of medium- and heavy-duty zero-emission vehicles (ZEVs) on California roads. There’s much to understand about the regulation and how it will impact […]

Can a requirement to simply disclose information truly be a big deal? Can a requirement that only applies to big companies, or companies that do business in California, actually impact your small business or your business in another state? Can a requirement that doesn’t take effect until next year or later really require thought and […]

As the world intensifies its efforts to combat climate change, Ireland has set ambitious goals to produce offshore renewable energy as part of its Climate Action Plan. A member of the European Union (EU)

Earlier this year the Biden administration hosted its inaugural Floating Offshore Wind Shot Summit, showcasing the efforts of federal departments to work with state, tribal, industry, and other interests to

The Federal Energy Regulatory Commission (FERC) on July 28 issued a landmark order that reforms the generator interconnection process. The order is in response to a clear need for nationwide improvements due to a rapidly changing resource mix, market forces, and emerging technologies for power generation. Order No. 2023, Improvements to Generator Interconnection Procedures and Agreements, […]

In more than one RTO market, aggregators may find themselves in the position of making capacity offers for future delivery periods based on projections of how much aggregated capability they will have available in the future. This presents somewhat of a dilemma, as there are financial incentives to project aggressively. COMMENTARY Capacity revenues may play an […]

President Joe Biden last year signed the Inflation Reduction Act (IRA) that, in addition to a number of other actions, extended and enhanced a number of green energy tax opportunities. Notably, it extended the

According to Elon Musk, solar and batteries go together like peanut butter and jelly. The sustainability of renewable energy relies on the deployment of energy storage systems for the storage of energy harnessed by renewable sources. The reduction in the cost to manufacture battery energy storage systems (BESSs) has catapulted the use of these types […]

The Inflation Reduction Act of 2022 (IRA) includes the largest clean energy incentive effort in U.S. history. It builds on the energy initiatives included in 2009’s American Reinvestment Recovery Act

President Biden recently laid out a detailed plan to strengthen America’s forests. Renewable wood energy—that is, biomass energy produced from wood that is not suitable for higher-value products—is an

Although the electricity generation and transportation sectors account for a far greater share of greenhouse gas emissions than the residential and commercial building sector, policy makers are targeting building electrification as a means for making a significant contribution to economy-wide emission reductions. Federal, state, and local governments are using various policy levers toward this goal, […]

Renewable energy is not the future; it is the present. Nearly half the new electricity generation in the U.S. this year will come from renewable sources. And after last year’s signing of the Infrastructure

Iowa-based Summit Carbon Solutions last year announced plans to develop a new carbon capture and storage project across the Midwest. The project seeks to capture carbon dioxide emissions that otherwise would be emitted into the atmosphere from biorefineries, such as ethanol plants, compress the captured carbon dioxide, and transport it through a pipeline to North […]

As the regulator for much of our nation’s wholesale electric and natural gas markets, actions by the Federal Energy Regulatory Commission (FERC) directly impact the U.S. economy. The agency’s response to

Damages caused by Hurricane Ida will once again force the construction, manufacturing, energy, agribusiness, retail, and travel industries to focus on best practices for responding to major events. According to Eric Ruzicka, a partner at the international law firm Dorsey & Whitney and an expert who has advised companies during the rebuilding following Hurricanes Harvey and Irma, now is the time […]

The Environmental Protection Agency’s (EPA’s) “Secret Science” rule establishing new standards for consideration of certain “pivotal” scientific studies, which was slated to go into effect on Jan. 6 of this year, has been vacated and remanded by the U.S. District Court for the District of Montana. The decision reached Feb. 1 impacts the power generation […]

The Federal Energy Regulatory Commission (FERC) in September issued Order 2222, a final rule to remove barriers for distributed energy resource (DER) aggregators to participate in the wholesale capacity

More than 40 years ago, small power production facilities were germinated, fertilized, and have continued to blossom under the Public Utility Regulatory Policies Act (PURPA), a federal law passed in 1978 as a

The European Commission in December 2019 announced its new European Green Deal, a set of major policy and legislative proposals that position the EU as the global leader on environmental and climate issues. Since then, the Commission has published a draft EU climate law and is seeking stakeholder input on potential revisions to the Energy […]

The next decade could belong to energy storage. Project development costs are dropping. Enhanced state and corporate focus on climate-related issues is producing more opportunities for renewable generation and

On March 9, 2017, the New York Public Service Commission (NYPSC) issued an order announcing a transition from a traditional net energy metering (NEM) compensation mechanism for certain energy resources to a