During the Federal Energy Regulatory Commission's (FERC) open meeting on April 17, 2025, Chairman Mark Christie vigorously criticized PJM Interconnection LLC (PJM) for arguing that its regional transmission project approval...more
4/22/2025
/ Constitutional Challenges ,
Devon Energy Production v Sheppard ,
Energy Projects ,
FERC ,
PJM ,
Preemption ,
Regulatory Authority ,
State and Local Government ,
Transmission Lines ,
Transmission Planning ,
Utilities Sector
President Donald Trump issued an executive order (EO) titled "Zero-Based Regulatory Budgeting to Unleash American Energy" that directs the Federal Energy Regulatory Commission (FERC) and three other federal agencies to...more
4/16/2025
/ Administrative Procedure Act ,
Chevron Deference ,
Deregulation ,
Energy Sector ,
Executive Orders ,
FERC ,
Loper Bright Enterprises v Raimondo ,
Notice and Comment ,
Regulatory Requirements ,
Rulemaking Process ,
Sunset Provisions ,
Trump Administration
President Donald Trump issued an executive order (EO) on April 8, 2025, titled "Strengthening the Reliability and Security of the United States Electric Grid." The order marks a significant step in addressing the growing...more
4/15/2025
/ Critical Infrastructure Sectors ,
Data Centers ,
Department of Energy (DOE) ,
Electricity ,
Energy Policy ,
Energy Sector ,
Executive Orders ,
Federal Power Act ,
FERC ,
Infrastructure ,
National Security ,
Power Grid ,
Regulatory Reform ,
Trump Administration
The U.S. Supreme Court on March 5, 2025, heard oral argument in two cases related to the U.S. Nuclear Regulatory Commission's (NRC) authority to license temporary spent fuel storage facilities that are not co-located with a...more
3/7/2025
/ Appeals ,
Atomic Energy Act ,
Energy Policy ,
Energy Sector ,
Energy Storage ,
Environmental Policies ,
Government Agencies ,
Nuclear Power ,
Nuclear Regulatory Commission ,
Nuclear Waste ,
Regulatory Requirements ,
SCOTUS ,
Statutory Authority ,
Statutory Interpretation
The Federal Energy Regulatory Commission (FERC or Commission) on Feb. 20, 2025, initiated a review of issues associated with the co-location of large loads (such as data centers) at generating facilities in the PJM...more
2/26/2025
/ Capacity Market ,
Cost Allocation ,
Data Centers ,
Energy Policy ,
Energy Sector ,
FERC ,
Infrastructure ,
Order to Show Cause ,
PJM ,
Reliability Standards ,
Transmission Grid
The U.S. Court of Appeals for the District of Columbia Circuit on Jan. 31, 2025, declined a request to review its decision that challenged the authority of the Council for Environmental Quality (CEQ), leaving open questions...more
2/5/2025
/ Administrative Authority ,
Biden Administration ,
CEQ ,
En Banc Review ,
Environmental Litigation ,
Environmental Policies ,
Executive Orders ,
Judicial Authority ,
Judicial Review ,
NEPA ,
Regulatory Authority ,
Trump Administration
This Holland & Knight alert provides a summary of President Donald Trump's Wind Energy EO, an overview of the offshore wind leasing process and considerations for current lessees regarding potential outcomes and legal...more
2/5/2025
/ BOEM ,
Contract Termination ,
Contract Terms ,
Department of Energy (DOE) ,
Department of the Interior ,
Energy Policy ,
Environmental Policies ,
Executive Orders ,
Leases ,
Offshore Wind ,
Outer Continental Shelf ,
Public Contracts ,
Regulatory Requirements ,
Renewable Energy
Co-located load – will it help keep the lights on when the impending onslaught of new electrical load hits the nation's grid in the upcoming years? Questions regarding an aging grid that is being stretched thin and whether...more
11/11/2024
/ Data Centers ,
Economic Development ,
Energy Sector ,
FERC ,
Independent Power Producers (IPPs) ,
ISOs ,
Jurisdiction ,
National Security ,
Power Grid ,
Public Utilities Commission ,
Regulatory Standards ,
RTO ,
Technical Conference
The U.S. Court of Appeals for the Ninth Circuit on Sept. 5, 2023, issued a critical ruling upholding certain reforms the Federal Energy Regulatory Commission (FERC) issued in 2020 to its regulations implementing the federal...more
9/8/2023
/ Administrative Procedure Act ,
Chevron v NRDC ,
Energy Market ,
Energy Reform ,
Energy Sector ,
FERC ,
ISOs ,
NEPA ,
PURPA ,
Renewable Energy ,
RTO ,
Utilities Sector
The Federal Energy Regulatory Commission (FERC or Commission) on June 15, 2023, finalized a rule requiring interstate electric transmission providers to file one-time informational reports assessing the susceptibility of...more
Existing safety and environmental oversight and enforcement regulations governing Outer Continental Shelf (OCS) renewable energy activities were moved from the purview of the Bureau of Ocean Energy Management (BOEM) to that...more
Following the first two years of the Biden Administration, and fresh off of the successful passage of the Inflation Reduction Act (IRA) and the Infrastructure Investment and Jobs Act (IIJA), the U.S. Department of Energy Loan...more
2/2/2023
/ Biden Administration ,
Clean Energy ,
Climate Change ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Department of Energy (DOE) ,
Energy Sector ,
Federal Funding ,
Government-Guaranteed Loans ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
Power Infrastructure ,
Project Finance ,
Renewable Energy
The U.S. Department of the Interior's Bureau of Ocean Energy Management (BOEM) published a proposed rule to update regulations for the development of offshore wind energy resources, found at 30 C.F.R. Part 585.1 The...more
2/2/2023
/ BOEM ,
Comment Period ,
Energy Projects ,
Leases ,
Offshore Wind ,
Outer Continental Shelf ,
Procurement Guidelines ,
Proposed Amendments ,
Proposed Rules ,
Renewable Energy ,
Wind Power
New York Gov. Kathy Hochul announced a plan on Jan. 5, 2022, to strengthen the state's renewable energy leadership as part of the 2022 State of the State. The governor announced a commitment to invest $500 million to further...more
1/11/2022
/ Economic Development ,
Energy Projects ,
Green Finance ,
Job Creation ,
Offshore Wind ,
Ports ,
Power Infrastructure ,
Renewable Energy ,
State and Local Government ,
State Funding ,
Supply Chain ,
Wind Power
U.S. Department of the Interior (DOI) Secretary Deb Haaland announced in October that the Biden Administration would be opening up the U.S. coastline to large-scale, offshore wind farming. Speaking at a wind industry...more
Boston Acting Mayor Kim Janey signed an Ordinance Amending City of Boston Code, Ordinances, Chapter VII, Sections 7-2.1 and 7-2.2, Building Energy Reporting and Disclosure (BERDO 2.0) into law on Oct. 5, 2021. The amended...more
The California Legislature on Sept. 9, 2021, approved landmark state legislation to facilitate California's offshore wind energy potential. Assembly Bill (AB) 525 requires the California Energy Commission (CEC) to prepare a...more
9/15/2021
/ BOEM ,
California Energy Commission ,
CEQA ,
Clean Energy ,
CPUC ,
Energy Projects ,
Energy Sector ,
NEPA ,
New Legislation ,
Offshore Lease ,
Offshore Wind ,
Outer Continental Shelf ,
Renewable Energy ,
Strategic Planning ,
Wind Power
The Federal Energy Regulatory Commission (FERC) issued an Advance Notice of Proposed Rulemaking (ANOPR), "Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and Generator...more
In a 5-4 ruling decided on June 29, 2021, the U.S. Supreme Court in PennEast Pipeline Co. LLC v. New Jersey et al. affirmed the rights of Federal Energy Regulatory Commission (FERC)-certified pipelines seeking to use eminent...more
7/2/2021
/ Certificate of Public Convenience and Necessity ,
Condemnation ,
Delegation Authority ,
Easements ,
Eminent Domain ,
FERC ,
Natural Gas ,
Natural Gas Act ,
PennEast Pipeline Co. v New Jersey ,
Right of Way ,
SCOTUS ,
Sovereign Immunity
Starting this fall, the Federal Energy Regulatory Commission (FERC) will implement new rules affecting wholesale electricity sellers that have obtained (or will obtain) market-based rate (MBR) authority from the Commission....more
Two Massachusetts Department of Environmental Protection (MassDEP) electricity sector regulations, 310 CMR 7.74: Reducing CO2 Emissions from Electricity Generating Facilities and 310 CMR 7.75: Clean Energy Standard, require...more
Greenhouse gas (GHG) emissions from transportation are a major focus of the recently issued Massachusetts 2050 Decarbonization Roadmap (the Roadmap) and the Massachusetts Clean Energy and Climate Plan (CECP) for 2030. For...more
Greenhouse gas (GHG) emissions from transportation are a major focus of the recently issued Massachusetts 2050 Decarbonization Roadmap (the Roadmap) and the Massachusetts Clean Energy and Climate Plan (CECP) for 2030....more
On March 26, 2021, Massachusetts Gov. Charlie Baker signed Chapter 8 of the Acts of 2021, An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy (the Act), into law, cementing the Commonwealth's status as...more
Holland & Knight invites you to read the Spring 2021 issue of our Energy and Natural Resources Quarterly newsletter, in which our authors discuss important hot topics and developments in energy, natural resources and...more
3/25/2021
/ Agricultural Sector ,
Biden Administration ,
Clean Energy ,
Clean Tech ,
Colombia ,
Critical Infrastructure Sectors ,
Energy Projects ,
Executive Orders ,
Forestry ,
Fracking ,
Hydrogen Power ,
Latin America ,
Private Equity ,
Proposed Legislation ,
Renewable Energy ,
Supply Chain