[This post is part of our Hydrogen Blog Series. Read the rest of the series here.]
The Department of Energy (“DOE”) held a webinar on Friday, August 18, 2023 on the U.S. government’s national hydrogen strategy. The main announcement was the formation of the Hydrogen Interagency Task Force, or “HIT,” but the webinar was otherwise light on details regarding the status of key federal hydrogen programs,… More
On July 31, 2023, Boston Mayor Michelle Wu signed an executive order ending the use of fossil fuels in new construction and major renovations of city-owned buildings. Although city buildings comprise a small percentage of overall carbon emissions in Boston, the new executive order aligns with larger efforts to decarbonize both publicly and privately owned buildings throughout Boston.
The executive order covers both new city buildings and renovation projects affecting 75% or more of a city building’s square footage.… More
One year after the adoption of New York’s Advanced Building Codes, Appliance and Equipment Efficiency Standards Act, New York has new minimum energy efficiency standards for products and appliances. The standards, which apply to products and appliances not subject to the federal appliance standards promulgated by the U.S. Department of Energy – such as certain air purifiers, gas fireplaces, and electric vehicle supply equipment (“EVSE”) – were adopted by the New York State Energy Research and Development Authority (“NYSERDA”) on December 2022 and went into effect on June 26,… More
On June 26, 2023, the Cambridge City Council voted to amend the city’s Building Energy Use Disclosure Ordinance (BEUDO) to require large non-residential buildings to reach net zero greenhouse gas emissions by 2035 and mid-size non-residential buildings to do so by 2050. The BEUDO amendment sets one of the most ambitious municipal net zero building targets in the country and establishes a new benchmark for climate-focused cities—yet questions remain as to whether these goals can actually be achieved.… More
The U.S. Department of Energy recently awarded $46 million to eight U.S. companies working to advance the development of commercial fusion energy technology (including our client Commonwealth Fusion Systems), furthering the Biden administration’s goal of developing a pilot-scale fusion facility within the next decade. According to the announcement, “within the next five to ten years, the eight awardees will resolve scientific and technological challenges to create designs for a fusion pilot plant that will help bring fusion to both technical and commercial viability,” and solidify the U.S.… More
On May 9, 2023, the U.S. Department of Energy (DOE) issued a notice of intent to establish a process for designating “route-specific” National Interest Electric Transmission Corridors (commonly referred to as “NIETCs,” pronounced \NIT-sees\)—setting in motion an anticipated shift in the balance of transmission permitting authority between the federal and state governments.
As we’ve previously noted, DOE has statutory authority to designate transmission-constrained or congested geographic areas,… More
After a month of hotly debated budget talks, New York passed its 2024 fiscal year budget late Tuesday night, and with it, took a long-awaited step towards decarbonizing New York’s building sector. The budget deal includes first-in-the-nation legislation to ban fossil fuel-powered appliances and heating in certain new buildings across the state by 2026 and all new buildings by 2029, effectively mandating the electrification of new buildings. New York is the first state to enact such a ban,… More
In tentative decisions issued on April 26, 2023 (here and here), the Massachusetts Energy Facilities Siting Board (EFSB) proposes to conclude that it lacks jurisdiction under current laws to review battery energy storage systems (BESS). These decisions were issued in two dockets – Cranberry Point Energy Storage, EFSB 21-02, and Medway Grid, LLC,… More
Four New England States – Connecticut, Massachusetts, Maine, and Rhode Island – recently submitted a concept paper to the U.S. Department of Energy (DOE) proposing to build up to three new high voltage direct current (HVDC) transmission lines and related onshore system upgrades to support the injection of new offshore wind resources in New England.
Onshore and offshore transmission constraints are a major barrier to the successful deployment of large-scale offshore wind along the Atlantic coast.… More
On February 24, 2023, the U.S. Department of Energy (DOE) released for public comment a draft of its National Transmission Needs Study (“Needs Study”), which endorses boosting overall transmission capacity—and transmission between grid regions in particular. The final Needs Study, expected this summer, could have significant implications for federal transmission planning and permitting, including by informing the potential designation of National Interest Electric Transmission Corridors.… More
This past year represents a real turning point in the transition to electric vehicles, demonstrated by new major incentives and regulatory activities at both federal and state government levels and several notable accomplishments in the private sector. First, the U.S. government approved EV Infrastructure Deployment Plans for all 50 states, the District of Columbia and Puerto Rico with an estimated $4.155 billion in funding going to states in the next five years to build out EV infrastructure.… More
The U.S. Department of Energy (DOE) recently announced a $3.5 billion funding opportunity to create regional Direct Air Capture (DAC) Hubs. The DAC Hubs program is one of four new programs announced by the Biden-Harris administration aimed at building “a commercially viable, just, and responsible carbon dioxide removal industry,” in the U.S. with funds from the Bipartisan Infrastructure Law (BIL).
Under the DAC Hubs program,… More
On December 15, 2022, the Federal Energy Regulatory Commission (“FERC”) issued a notice of proposed rulemaking in which the Commission proposes to implement its newly clarified authority under the 2021 Infrastructure Investment and Jobs Act (“IIJA”) to issue permits if a state denies an applicant’s request to site transmission facilities in a designated National Interest Electric Transmission Corridor (“National Corridor”).
Such change has potential—in certain cases—to tilt the balance of transmission permitting authority toward FERC and away from the states (where such authority traditionally has been held),… More
Federal Energy Regulatory Commission (FERC)-watchers have their eyes squarely on recent reports that Senator Joe Manchin, Chair of the Senate Energy and Natural Resources Committee, won’t schedule a hearing on Chairman Richard Glick’s re-appointment this year, meaning that Glick will leave FERC when his term expires in January 2023. Glick has led FERC in pressing reforms to modernize the country’s transmission system and help bring more renewable and energy storage resources online. … More
On November 4, 2022, the White House announced a new initiative to support research and development projects on 37 “game-changing” technologies to advance the Biden Administration’s goal of net-zero emissions by 2050.
Led by an interagency working group, the “Net-Zero Game Changers Initiative” will direct billions of dollars under the bipartisan infrastructure law, the CHIPS and Science Act,… More
As we’ve discussed before, multiple cities and towns in the Commonwealth of Massachusetts have tried to ban fossil fuel hookups for new buildings by zoning or other ordinance over the past few years. But in July 2020, the Massachusetts Attorney General’s Municipal Law Unit struck down the first such ban that came across its desk as inconsistent with other state law. As we noted then, in order for municipalities to restrict or ban fossil fuel connections,… More
On August 7, 2022 the Senate passed the Inflation Reduction Act – a sweeping piece of budget reconciliation legislation that touches on everything from energy and climate to Medicaid prescription prices. Germane to the energy and climate sector, the Act includes $369 billion for spending on “energy security and climate change” over the next ten years and an additional $250 billion in additional authority for the Department of Energy’s Loan Programs Office. … More
Electric transmission planning processes have not been able to keep pace with demand for interconnection service, leaving over 1,000 gigawatts (GW) of generation and 400 GW of storage stranded in the nation’s interconnection queues. In response to the backlog, PJM Interconnection LLC—the nation’s largest RTO by load served—recently imposed a two-year pause on new interconnection requests and asked the Federal Energy Regulatory Commission (FERC) to consider reforms to its interconnection process.… More
On Friday, May 27, 2022, the Federal Energy Regulatory Commission (FERC) issued an order approving ISO-New England’s proposed tariff revisions, which phase out the ISO’s minimum offer price rule (MOPR) by 2024. The tariff revisions institute an interim Transition Mechanism to organize ISO-New England’s 2022 and 2023 capacity auctions, which will together allow 700 megawatts (MW) of state-sponsored renewable resources to participate without application of the MOPR.… More
On Wednesday, June 8, Foley Hoag hosted the Energy Bar Association’s (EBA) Northeast Chapter Annual Meeting at the firm’s Boston offices. The event featured three panels, which explored the changing laws, technologies, and industry dynamics at play in the battery storage sector, Environmental, Social, and Corporate Governance (ESG), and electric transmission planning respectively.
Carol Holahan, partner at Foley Hoag and co-chair of the firm’s energy and climate practice group,… More
On May 2, 2022, the U.S. Department of Energy (DOE) announced the release of a funding opportunity announcement (“FOA”) through which DOE may provide $3.1 billion in grant funding to support projects that will accelerate the development of a resilient supply chain for high-capacity batteries. This FOA, the authority for which is provided in the Infrastructure Investment and Jobs Act (“IIJA”), is the first release of more than $7 billion included in the IIJA to strengthen the U.S.… More
Energy storage systems (“ESS”) can help increase grid efficiency, facilitate the operation of increasing amounts of renewable energy, and lower energy costs, among other benefits. As energy storage systems increase in number in Massachusetts, a myriad of questions have emerged regarding their regulation and integration into the electrical grid.
DPU Order
On February 9, 2022, the Massachusetts Department of Public Utilities (“DPU”) released an order under Docket 19-55 with the goal of finding answers to some of these questions.… More
Continued Threats of Ransomware Attacks
As we reported in our 2021 Year in Preview series, we began 2021 anticipating that ransomware would be a serious threat to critical energy infrastructure. These concerns were realized in May 2021 when the Colonial Pipeline Company’s (“Colonial”) entire 5,500-mile pipeline system carrying liquid fuels was shut down due to a ransomware attack by DarkSide, a hacking group that allegedly has loose ties to the Russian government.… More
Today, January 12, 2022, the Bureau of Ocean Energy Management (BOEM) announced that on February 23, 2022 it will hold a wind energy lease auction for six areas in the New York Bight (NY Bight), the coastal area between Long Island and the New Jersey coast. BOEM’s issuance of the Final Sale Notice (FSN) for the wind energy lease areas comes just days after New York State Governor Kathy Hochul announced in her State of the State address that the New York State Energy Research and Development Authority (NYSERDA) will issue its next offshore wind solicitation following BOEM’s lease sale in the NY Bight.… More
This is the second post in our series on the recently enacted Infrastructure Investment and Jobs Act, covering how the Act invests in strengthening our electric grid, which could better prepare us for the shift from fossil fuel generated electricity to renewable power.
To decarbonize our energy system, electrify transportation and buildings, and drastically reduce our contribution to climate change, we’ll need to develop and deploy significant wind,… More
The biofuels industry has had a challenging season in the courts. Several weeks ago, the U.S. Supreme Court overturned a decision by the U.S. Court of Appeals for the Tenth Circuit that had limited EPA’s ability to grant waivers to small refiners that allow them to escape compliance obligations under the federal Renewable Fuel Standard (RFS) Program. Then, the U.S. Court of Appeals for the District of Columbia Circuit (the D.C.… More
Amid renewed national ambitions to tackle climate change, electric vehicles (EVs) have emerged as a promising way to reduce emissions in the transportation sector, which accounts for nearly a third of greenhouse gas emissions. This approach has garnered support even from private industry, as evidenced by the flurry of car manufacturers who recently committed to all-EV fleets in the coming decades.… More
In its first such determination, on June 4, 2021, the newly formed New York State Office of Renewable Energy Siting (“ORES”) determined that several provisions of the Town of Barre’s (Orleans County) local law are “unreasonably burdensome” in light of the State’s Climate Leadership and Community Protection Act (CLCPA) goals and the environmental benefits of the proposed 185 megawatt Heritage Wind Project, and therefore declined to apply them. This determination sets a precedent under the State’s Executive Law Section 94-c permitting regime for major renewable energy facilities,… More
On April 30, 2021, PSEG Long Island, LLC (PSEG-LI), on behalf of the Long Island Power Authority (LIPA), issued a much-awaited request for proposals (RFP) seeking 175 megawatts (MW) of utility-scale storage projects that will interconnect to the Long Island electricity grid. This RFP issuance follows a Request for Information nearly a year ago regarding how such a solicitation should be structured. The storage deployment resulting from this RFP will make a significant contribution to New York’s statewide goals
of deploying 3,000 MWs of energy storage by 2030,… More
Hours before a technical conference on potential future pathways for solar development in New York State, the New York State Department of Public Service (“DPS”) unexpectedly updated the Environmental Value (“E-Value”) component of State’s Value of Distributed Energy Resources (“VDER”) Tariff “Value Stack.” However, the update was not the one advocated for by the solar industry based upon the December 2020 cost of carbon guidance from the State’s Department of Environmental Conservation (“DEC”),… More
As President Biden announces his blueprint for expanding the use of offshore wind (OSW) power, Massachusetts hopes to become an industry hub. Those plans will certainly be facilitated by the new federal OSW policies.
On March 29, the Biden administration published a major plan to mobilize offshore wind development, particularly along the East Coast. The plan aims to construct 30,000 megawatts of OSW generation by 2030,… More
The White House this morning released a fact sheet on “The American Jobs Plan,” also known as President Biden’s infrastructure plan. There’s a lot in here (as there should be for a couple of trillion dollars!), so today I’ll focus on energy infrastructure. Here are the highlights: 
In January, when Governor Baker vetoed the Legislature’s effort to go big on climate, my colleague Zach Gerson made clear that the bill was not even “mostly dead.” I am pleased to say that Zach’s diagnosis was correct. The climate bill is very much alive.
Last week, the Legislature passed a new version of the bill, which adopted most of the Governor’s technical suggestions and almost none of his substantive changes. … More
The U.S. Supreme Court has agreed to review a case that will have far-reaching consequences for interstate pipeline projects.
The case, PennEast Pipeline Co. v. New Jersey, involves a FERC-approved natural gas pipeline that would pass through New Jersey and Pennsylvania. PennEast invoked the federal government’s eminent domain power under the Natural Gas Act to claim easements over New Jersey-owned lands.… More
As promised, President Biden has recommitted the U.S. to the Paris climate agreement. He’s also undertaken sweeping executive action to undo the previous administration’s environmental rollbacks. But after four years of lagging behind the rest of the world, the U.S. will face significant challenges in achieving meaningful emissions reductions without new legislation. And that means a tough road ahead working with an evenly divided Senate and moderates in Biden’s own party from states that remain dependent on fossil fuels.… More
Within hours after being sworn into office, President Joe Biden signed an executive order (“EO”) that teed up a slew of clean air issues as top environmental priorities. The Biden administration signaled its plan to unwind four years of environmental and energy policies marked by aggressive deregulation and sidelining efforts to combat climate change.
Although only allotted a short paragraph in the EO,… More
Sometimes, “mostly dead” is just a pause before successfully storming the castle. On January 14, Governor Baker vetoed the climate bill that passed the Massachusetts Legislature on January 4 with overwhelming support (see our posts here, here, and here). I couldn’t resist the Princess Bride reference, but despite the veto, it is probably a stretch to refer to the bill as even “mostly dead.”… More
On January 4th, as the legislative session came to a close, both houses of the Massachusetts legislature passed “An Act Creating a Next-Generation Roadmap for Massachusetts Climate Policy.” My colleague, Seth Jaffe, posted on the act yesterday, when the details of the bill first came out, focusing on the climate and economic impacts. There is no doubt that this act will significantly shape Massachusetts’s path towards a net-zero future.… More
When the Massachusetts DPU opened docket DPU 20-75, I described it as a proposal to fundamentally change system planning and cost allocation in Massachusetts. The interconnection process in Massachusetts has been a perpetual wellspring of challenges for installing distributed energy resources – challenges that have grown in scope and complexity in recent years. Opportunities to rework the basic structure of that process do not come around every day. … More
O
n October 22, the Massachusetts DPU issued an Order opening a new docket (DPU 20-75) that seeks comments on a proposal to shake up the way the electric distribution system is planned and paid for in Massachusetts. As I see it, the core idea is to move from being reactive—upgrading the system piecemeal when individual distributed resources seek to interconnect—to being proactive—planning prospectively for the integration of the distributed generation resources we know are coming.… More
On July 23, 2020, the Massachusetts Department of Energy Resources (“DOER”) filed final regulations implementing a “Clean Peak Energy Standard,” which formally went into effect on August 7, 2020. The final regulations are the latest step towards making reality out of an idea enacted through the 2018 Act to Advance Clean Energy and make Massachusetts the first state to adopt such a program.… More
On July 10, 2020, the D.C. Circuit upheld FERC Order 841, the landmark order requiring wholesale markets to allow participation by energy storage resources. Challengers had contended that by prohibiting states from barring energy storage resources on the distribution system from participating in wholesale markets, FERC had exceeded its jurisdiction and infringed on state authority.
The D.C. Circuit rejected those claims. … More
There are few people left, at least in my orbit, who don’t share the goal of prompt decarbonization of the economy. The quaintly named $64,000 question ($64 trillion question?) is how we get from here to there.
Today, the New England Power Generators Association released a report prepared by Analysis Group 
that explains how an economy-wide price on carbon can help New England do just that. … More