Foley Hoag LLP - Energy & Climate Counsel

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Firm Profile: Foley Hoag LLP
Seaport West
155 Seaport Boulevard
Boston, MA 02210-2600, United States
Phone: 617.832.1000
Fax: 617.832.7000
Areas Of Practice
  • Energy & Utilities
  • Environmental Law
Locations
Other U.S. Locations
  • D.C.
  • Massachusetts
  • New York
Other Countries
  • France

SEC Adopts Final Rules Regarding Climate-Related Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures... The final rules are the culmination of almost…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

See all updates »

SEC Adopts Final Rules Regarding Climate-Related Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures... The final rules are the culmination of almost…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

See all updates »

Massachusetts to Require Disclosure of Energy Usage from Large Buildings

Lost amid the more high profile items in Massachusetts’ recently enacted Act Driving Clean Energy and Offshore Wind is a requirement that the Department of Energy Resources establish a program requiring large buildings across…more

Clean Energy, Department of Energy (DOE), Disclosure Requirements, Energy Sector, Energy Tax Incentives

See all updates »

Anticipating the U.S. Securities and Exchange Commission’s ESG Disclosure Rules and Guidelines: How to Stay Ahead of the Game

As more advisory services, investment companies, and public companies have publicized their Environmental, Social, and Governance (ESG) goals, the U.S. Securities and Exchange Commission (SEC) has proposed a set of new rules…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

See all updates »

Massachusetts AG Petitions DPU to Investigate Gas Industry Future in Light of Commonwealth’s GHG Emissions Goals

On June 4, 2020, the Massachusetts Office of the Attorney General (AGO) filed a petition with the Department of Public Utilities (DPU) requesting that the DPU open an investigation “to assess the future of local gas distribution…more

Attorney General, Energy Sector, Global Warming Solutions Act, Greenhouse Gas Emissions, Oil & Gas

See all updates »

MA Environmental Justice Strategy Presents New Policies to Combat Statewide Environmental Injustice

On February 15, 2024, the Massachusetts Executive Office of Energy and Environmental Affairs (EEA) released Massachusetts’ inaugural Environmental Justice Strategy (“EJ Strategy”), a comprehensive set of initiatives and programs…more

Climate Action Plan, Climate Change, Energy Policy, Energy Projects, Environmental Assessments

See all updates »

U.S. Department of Energy Releases Preliminary List of Potential National Interest Electric Transmission Corridors

On May 8, 2024, the U.S. Department of Energy (“DOE”) released a preliminary list of potential National Interest Electric Transmission Corridors (“NIETCs”), representing another step forward in DOE’s efforts to effectuate…more

Department of Energy (DOE), Electric Generation Suppliers, Electricity, Energy Projects, Energy Sector

See all updates »

Department of Commerce Issues Preliminary Determination Imposing U.S. Antidumping and Countervailing Duties on Chinese Solar Cells and Modules Imported through Vietnam, Malaysia, Thailand and Cambodia

On December 8, 2022, the Department of Commerce published a preliminary determination that finds that imports into the U.S. of Chinese crystalline silicon photovoltaic (CSPV) solar cells and modules exported from Vietnam,…more

Anti-Dumping Duty, Biden Administration, Cambodia, China, Countervailing Duties

See all updates »

What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business Regulation Act

On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the nation,…more

California, Carbon Capture and Sequestration, Clean Air Act, Climate Change, Disclosure Requirements

See all updates »

EPA’s Office of Land and Emergency Management Commits to Environmental Justice

Federal agencies continue to roll out plans to address environmental justice issues, which has become a focal point in the Biden administration’s agenda. Now that the Inflation Reduction Act of 2022 (IRA) is in effect, federal…more

Climate Change, Environmental Justice, Environmental Protection Agency (EPA), EPA Appeals Board, Inflation Reduction Act (IRA)

See all updates »

NEPOOL Set to Approve New Long-Term Transmission Planning Process for New England

As soon as tomorrow (Thursday, April 4, 2024), New England could have a new long-term transmission planning process—and one that puts the states in the driver’s seat. The New England Power Pool (“NEPOOL”) Transmission…more

Clean Energy, Electricity, Energy Policy, Energy Projects, FERC

See all updates »

Federal Court of Appeals Stays SEC Climate Rule

On Friday, March 15, 2024, the United States Court of Appeals for the Fifth Circuit issued an administrative stay on the application of the SEC’s new rules regarding climate-related disclosures for investors, which we covered in…more

Annual Reports, Appeals, Climate Change, Disclosure Requirements, Environmental Social & Governance (ESG)

See all updates »

FERC Final Rule on Interconnection Queue Reform Seeks to Speed Up Interconnection Queue Processing

Facing more than 2,000 gigawatts of energy generation and storage waiting in transmission system interconnection queues, the Federal Energy Regulatory Commission (FERC) has voted to adopt a final rule to revise its pro forma…more

Electricity, Energy Sector, Energy Storage, FERC, Final Rules

See all updates »

Mass. AG: Municipal Prohibition of Stand-alone Battery Storage Systems Violates State Law

The Massachusetts Attorney General recently issued a written opinion denying approval of a zoning bylaw amendment passed by the Town of Wendell, which would have prohibited stand-alone battery energy storage facilities in all…more

Battery, Energy Sector, Energy Storage, Municipalities, State and Local Government

See all updates »

U.S. Department of Energy Releases Cybersecurity Baselines for Utilities and DERs

As part of the Biden Administration’s efforts to align energy cybersecurity efforts across the country, the U.S. Department of Energy (“DOE”) has funded the release of a set of energy distribution cybersecurity baselines for…more

Critical Infrastructure Sectors, Cyber Crimes, Cybersecurity, Department of Energy (DOE), Electricity

See all updates »

U.S. Department of Energy Releases Cybersecurity Baselines for Utilities and DERs

As part of the Biden Administration’s efforts to align energy cybersecurity efforts across the country, the U.S. Department of Energy (“DOE”) has funded the release of a set of energy distribution cybersecurity baselines for…more

Critical Infrastructure Sectors, Cyber Crimes, Cybersecurity, Department of Energy (DOE), Electricity

See all updates »

BERDO Implementation Picks Up Speed — Better Get Ready

On Monday, Boston released a draft of the first phase of regulations intended to implement the amended BERDO ordinance signed by then-Mayor Janey in October. The first phase of the regulations is focused only on reporting…more

Air Pollution, Compliance, Greenhouse Gas Emissions, Reporting Requirements, Third-Party

See all updates »

Infrastructure Package Makes New Investments in the Electric Transportation Future

The Infrastructure Investment and Jobs Act signed into law today not only makes critical investments in our core infrastructure, it creates several new programs to support the increasing electrification of the transportation…more

Automotive Industry, Biden Administration, Charging Stations, Clean Energy, Climate Change

See all updates »

Regulating the Impossible Dream: NRC decision streamlines efforts to commercialize fusion

On April 13, 2023, the Commissioners of the Nuclear Regulatory Commission (NRC) voted to approve a proposal that will accelerate the commercialization of fusion energy in the United States. Specifically, the NRC determined that…more

Energy Projects, Energy Sector, Environmental Protection Agency (EPA), Nuclear Energy Innovation and Modernization Act (NEIMA), Nuclear Fusion

See all updates »

Treasury and IRS Issue Guidance on Calculating Lifecycle GHG Emissions for IRA’s Sustainable Aviation Fuel Tax Credit

The IRA created substantial tax credits for SAF. Under Section 40B, SAF producers who meet certain requirements can claim a credit of at least $1.25 per gallon of SAF. Among other things, eligible SAF must achieve lifecycle GHG…more

Biofuel, Clean Fuels Program (CFP), Climate Change, Energy Sector, Fossil Fuel

See all updates »

NEPOOL Set to Approve New Long-Term Transmission Planning Process for New England

As soon as tomorrow (Thursday, April 4, 2024), New England could have a new long-term transmission planning process—and one that puts the states in the driver’s seat. The New England Power Pool (“NEPOOL”) Transmission…more

Clean Energy, Electricity, Energy Policy, Energy Projects, FERC

See all updates »

Biden-Harris Administration Publishes Priorities for Permitting Reform to Build Clean Energy “Faster, Safer, and Cleaner”

Yesterday, the Biden-Harris administration outlined in a fact sheet its priorities for permitting reform to accelerate the build-out of America’s energy infrastructure “faster, safer, and cleaner.” The fact sheet provides an…more

Biden Administration, Clean Energy, Climate Change, Energy Policy, Environmental Assessments

See all updates »

EV Roundup - March 2024

Our last quarterly EV Roundup checked in on states’ efforts to deploy a national network of EV charging infrastructure under the National Electric Vehicle Initiative (“NEVI”) and highlighted industry moves to facilitate a…more

Charging Stations, Electric Vehicles, Energy Policy, Energy Sector, Federal Highway Administration

See all updates »

Maine Public Utilities Commission Request for Proposals for the Sale of Energy or Renewable Energy Credits from Qualifying Renewable Resources (Tranche 1)

On February 14, 2020, the State of Maine Public Utilities Commission (the Commission), acting pursuant to the Act To Reform Maine’s Renewable Portfolio Standard, P.L. 2019, Chapter 477 (the Act), issued a Request for Proposal…more

Public Utilities Commission, Renewable Energy, Renewable Portfolio Standards, Request for Proposals, Utilities Sector

See all updates »

DPU Issues Long-Anticipated Net Metering Ruling

On February 15, 2024, the Massachusetts Department of Public Utilities (“DPU”) issued a much-anticipated order in docket D.P.U. 21-100 that finally promulgates regulations (220 CMR 18.00) to implement 2021 statutory changes to…more

Clean Energy, Climate Change, Energy Sector, Legislative Agendas, Regulatory Agenda

See all updates »

SEC Adopts Final Rules Regarding Climate-Related Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures... The final rules are the culmination of almost…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

See all updates »

A Look Ahead: Capacity Contracts under the U.S. Department of Energy’s Transmission Facilitation Program

Among the panoply of clean energy-related programs currently being implemented under the 2021 Infrastructure Investment and Jobs Act (“IIJA”), one in particular – for which a solicitation is set to issue soon – will infuse…more

Clean Energy, Department of Energy (DOE), Energy Projects, Energy Sector, Infrastructure Investment and Jobs Act (IIJA)

See all updates »

IRS Issues Guidance on IRA Tax Credit Labor Requirements; Starts Clock for Compliance

The Internal Revenue Service (IRS) issued guidance on the prevailing wage and apprenticeship requirements under the Inflation Reduction Act (IRA) by publishing Notice 2022-61 (the Notice) in the federal register today. Meeting…more

Apprenticeships, Inflation Reduction Act (IRA), Investment Tax Credits, IRS, New Guidance

See all updates »

Acquisitions of Renewable Energy Projects Exempt Under HSR Act Could Require 60-Day Waiting Period Under Proposed New York Law

A recent post on Foley Hoag’s State AG blog about New York’s proposed pre-merger notification legislation details the potential new notification requirement, but we wanted to dive a little deeper into the impact the proposed…more

Acquisitions, Antitrust Division, Energy Projects, Energy Sector, Hart-Scott-Rodino Act

See all updates »

Berkeley Seeks Re-Hearing of Ninth Circuit’s Decision on Natural Gas Ban Preemption

In April, a three-judge panel in the Ninth Circuit Court of Appeals held that the City of Berkeley’s ordinance prohibiting natural gas infrastructure in new buildings was preempted by federal law. In June, Berkeley asked the…more

Amicus Briefs, Appeals, Biden Administration, California, City of Berkeley

See all updates »

Department of Commerce Issues Preliminary Determination Imposing U.S. Antidumping and Countervailing Duties on Chinese Solar Cells and Modules Imported through Vietnam, Malaysia, Thailand and Cambodia

On December 8, 2022, the Department of Commerce published a preliminary determination that finds that imports into the U.S. of Chinese crystalline silicon photovoltaic (CSPV) solar cells and modules exported from Vietnam,…more

Anti-Dumping Duty, Biden Administration, Cambodia, China, Countervailing Duties

See all updates »

U.S. Department of Energy Releases Preliminary List of Potential National Interest Electric Transmission Corridors

On May 8, 2024, the U.S. Department of Energy (“DOE”) released a preliminary list of potential National Interest Electric Transmission Corridors (“NIETCs”), representing another step forward in DOE’s efforts to effectuate…more

Department of Energy (DOE), Electric Generation Suppliers, Electricity, Energy Projects, Energy Sector

See all updates »

SEC Adopts Final Rules Regarding Climate-Related Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures... The final rules are the culmination of almost…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

See all updates »

IRS Issues Guidance on IRA Tax Credit Labor Requirements; Starts Clock for Compliance

The Internal Revenue Service (IRS) issued guidance on the prevailing wage and apprenticeship requirements under the Inflation Reduction Act (IRA) by publishing Notice 2022-61 (the Notice) in the federal register today. Meeting…more

Apprenticeships, Inflation Reduction Act (IRA), Investment Tax Credits, IRS, New Guidance

See all updates »

BOEM Finalizes Wind Energy Area in the Gulf of Maine with Significant Floating Offshore Wind Potential

The U.S. Bureau of Ocean Energy Management (“BOEM”) recently announced the finalization of a Wind Energy Area (“WEA”) in the Gulf of Maine. According to BOEM’s press release, the Final WEA “has the potential to support…more

BOEM, Clean Energy, Energy Policy, Energy Projects, Energy Sector

See all updates »

MassCEC and MA DOER Issue RFP for Energy Storage Market Update and Strategy Study

Earlier this month, the Massachusetts Clean Energy Center (MassCEC) and the Massachusetts Department of Energy Resources (DOER) issued a Request for Proposals for a consultant to conduct an energy storage market update and…more

CERCLA, Clean Energy, Climate Change, Comment Period, Department of Energy (DOE)

See all updates »

New York’s Inflation Reduction Act “Surplus” and How to Expand Distributed Solar Beyond 10 Gigawatts

The New York Public Service Commission (“PSC”) is considering recommendations by the New York State Energy Research and Development Authority (“NYSERDA”) to use existing NY-Sun Program funding to deploy distributed solar…more

Clean Energy, Comment Period, Energy Policy, Energy Projects, Funding

See all updates »

EPA Looks to Accelerate Electric Vehicle Adoption with New Vehicle Emission Standards

On April 12, 2023, the Environmental Protection Agency (EPA) proposed new pollutant emissions standards for light-duty and medium-duty vehicles and heavy duty vehicles.  The proposed rules set new, aggressive greenhouse gas…more

Air Pollution, Carbon Emissions, Climate Change, Comment Period, Discharge of Pollutants

See all updates »

EPA Looks to Accelerate Electric Vehicle Adoption with New Vehicle Emission Standards

On April 12, 2023, the Environmental Protection Agency (EPA) proposed new pollutant emissions standards for light-duty and medium-duty vehicles and heavy duty vehicles.  The proposed rules set new, aggressive greenhouse gas…more

Air Pollution, Carbon Emissions, Climate Change, Comment Period, Discharge of Pollutants

See all updates »

Through the RAPID Act, the NYPSC is Losing Jurisdiction Over Transmission Siting – Or Is it?

Intended to help expedite transmission siting to facilitate achievement of the State’s Climate Leadership and Community Protection Act (“CLCPA”) goals, the RAPID Act makes several significant structural changes to New York’s…more

Climate Change, Energy Projects, Energy Sector, Farms, Power Grid

See all updates »

Preserve Retail Competition

Proposals to eliminate competition in retail electric supply to consumers are in the air. A consultant to the Massachusetts attorney general has just published an update to a report of last year asserting that retail competition…more

Competition, Electric Generation Suppliers, Electricity, Electricity Costs, Energy Market

See all updates »

Massachusetts Passes Climate Bill Focused on Clean Energy and Offshore Wind

Governor Baker signed the climate bill (H.5060), titled An Act Driving Clean Energy and Offshore Wind, into law on Thursday August 11, 2022. The act combines and modifies provisions from the House’s proposed offshore wind bill…more

Clean Energy, Climate Change, Fossil Fuel, Governor Baker, Greenhouse Gas Emissions

See all updates »

Through the RAPID Act, the NYPSC is Losing Jurisdiction Over Transmission Siting – Or Is it?

Intended to help expedite transmission siting to facilitate achievement of the State’s Climate Leadership and Community Protection Act (“CLCPA”) goals, the RAPID Act makes several significant structural changes to New York’s…more

Climate Change, Energy Projects, Energy Sector, Farms, Power Grid

See all updates »

$100 Million in Funding for Pilot-Scale Testing of CO2 Removal Technologies Available from DOE Through Its Carbon Negative Shots Pilot

The US Department of Energy (DOE) is providing $100 million in funding to develop commercially viable carbon dioxide removal technologies through the Office of Fossil Energy and Carbon Management’s Carbon Negative Shots Pilot…more

Department of Energy (DOE), Federal Funding, Filing Deadlines, Intellectual Property Protection, Inventions

See all updates »

SEC Adopts Final Rules Regarding Climate-Related Disclosures

On March 6, 2024, the Securities and Exchange Commission (SEC) adopted, by a 3-2 vote, final rules regarding the enhancement and standardization of climate-related disclosures... The final rules are the culmination of almost…more

Climate Change, Corporate Governance, Disclosure Requirements, Environmental Social & Governance (ESG), Final Rules

See all updates »

$100 Million in Funding for Pilot-Scale Testing of CO2 Removal Technologies Available from DOE Through Its Carbon Negative Shots Pilot

The US Department of Energy (DOE) is providing $100 million in funding to develop commercially viable carbon dioxide removal technologies through the Office of Fossil Energy and Carbon Management’s Carbon Negative Shots Pilot…more

Department of Energy (DOE), Federal Funding, Filing Deadlines, Intellectual Property Protection, Inventions

See all updates »

What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business Regulation Act

On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the nation,…more

California, Carbon Capture and Sequestration, Clean Air Act, Climate Change, Disclosure Requirements

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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