Physical and Cyber-Attacks on Energy Infrastructure Expected to Continue

Over the past several years, the energy sector has become a prime target for hacking and ransomware attacks, with over 40 attacks on the industry since 2017.  Cyber attacks have only continued to rise, with a record high of 13 reported attacks in one year occurring in 2022.

Physical Security Threats to U.S. Energy Infrastructure

A new type of threat against the energy sector crystallized at the end of 2022: physical attacks on the grid. … More

Healey-Driscoll Administration Launches Two Commissions to Accelerate Clean Energy Development

It’s a well-worn cliché that siting clean energy projects in Massachusetts is difficult. The statutes, regulations, and permitting processes intended to protect the Commonwealth’s environment and communities can also slow development of the clean energy projects that Massachusetts needs to meet its GHG emissions reductions targets and protect against the worst effects of climate change.

The Healey-Driscoll Administration recently signaled that reform might be underway. On April 20th,… More

EFSB Tentative Decisions Decline Jurisdiction over Battery Energy Storage Systems

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

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 fusion energy be regulated under the Nuclear Regulatory Commission’s byproduct material framework contained in 10 C.F.R. Part 30, “Rules of General Applicability to Domestic Licensing of Byproduct Material.”

Part 30 requires general or specific licenses to manufacture,… More

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 (GHG) emission limits for all three vehicle classes and criteria pollutant standards for light and medium duty vehicles.

Big picture: Both proposed rules are premised on a sweeping shift from internal combustion vehicles to electric vehicles as well as,… More

Introducing Our Blog Series on Clean Hydrogen

We’re launching this blog series to help readers keep pace with the fast-moving world of clean hydrogen.  Each week or so we’ll post an article on different legal, regulatory, and technical opportunities and challenges facing companies who are developing or exploring clean hydrogen projects.

We need a comprehensive approach to tackling climate change, one that targets all sectors of the economy.  Wind, solar, and electric vehicles are undoubtedly important,… More

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 the town’s zoning districts. This is a significant development, marking the first time the Attorney General has expressly ruled that municipalities cannot prohibit or unreasonably regulate stand-alone battery storage systems.

Under state law,… More

The New EV Tax Credit Guidance and Proposed Rulemaking is Finally Here

March 31, 2023, the IRS released the long-awaited notice of proposed rulemaking for the federal EV tax credit revamped by the Inflation Reduction Act.  The purpose of this rulemaking is to establish which car and truck models are eligible for the tax credit and provide clarity to manufacturers regarding the battery component and critical minerals requirements. All of these conditions must be met for a vehicle to be eligible for the full $7,500 tax credit. … More

Removing Barriers to Geothermal Heat Pump Deployment in New York

A great deal of progress has been made in decarbonizing the power sector through deployment of clean electricity generation technologies such as wind and solar.  But other technologies essential to our efforts to combat climate change, such as geothermal heat pumps, which are critical to decarbonizing buildings (which represented 32 percent of 2019 greenhouse gas emissions in New York State) are only beginning to be deployed at scale.  Additional actions in 2023 to unlock deployment of geothermal technologies are essential to meet our goals.… More