Energy & Cleantech Counsel

A federal court’s recent ruling shields members of a national trade association from Oregon’s Extended Producer Responsibility (EPR) program pending trial, raising constitutional questions that could affect similar programs in other states.

A recent Michigan federal court decision emphasizes the need to review the separateness of corporate entities so that operational issues associated with one entity do not result in potential exposure for others.

On February 12, the US Environmental Protection Agency (EPA) announced the elimination of EPA’s 2009 Greenhouse Gas (GHG) Endangerment Finding and all subsequent federal GHG emission standards for vehicle model years 2012 and newer — a move that will dramatically limit federal government engagement on climate issues.

The popular perception that we are in a relaxed federal enforcement environment should not lull businesses into taking their foot off the gas on compliance activities.

2026 will be a pivotal year for US energy policy and markets. We predict it will be defined by pressure to deliver affordability and reliability amid accelerating load growth, contested jurisdiction between states and Washington, DC, continued investment in renewable energy generation (notwithstanding significant new headwinds), a renewed interest in fossil fuels of all types and nuclear generation, and a priority for an “all-of-the-above” build-out to power data centers and the broader economy.

Trump Administration efforts to quash state-driven climate action were recently dealt a setback when a Michigan federal court rejected a federal effort to quash state claims focused on the fossil fuel industry.

Illinois’ data center market is booming because of strong state incentives, but that growth is tightening power supplies and raising reliability and cost concerns.

Last week, the White House began its interagency review of the Environmental Protection Agency’s (EPA) final rule to rescind its 2009 Greenhouse Gas Endangerment Finding and related vehicle greenhouse gas (GHG) standards.

Over the past year, both the executive branch and the courts sought to pare back certain stringent aspects of National Environmental Policy Act (NEPA) reviews. However, a decision issued in December 2025 illustrates that agencies cannot defer conducting NEPA-required reviews until after project approval.

On October 30, the Illinois General Assembly passed the Clean and Reliable Grid Affordability Act (CRGA). CRGA makes significant updates to Illinois’ current statewide siting and zoning framework for renewable energy projects and creates a statewide standard for energy storage projects.

At the end of October, the Illinois legislature passed the Clean and Reliable Grid Affordability Act (CRGA), an omnibus energy bill creating various incentives for renewable energy and storage projects, modifying the project siting process, and creating a new siting process for energy storage systems.

On October 30, the Illinois General Assembly passed the Clean and Reliable Grid Affordability Act (CRGA), an omnibus energy bill creating incentives for energy storage projects.

The first nine months of the Trump Administration have seen extensive use of Executive Orders (EOs) to “deregulate” and otherwise rollback Biden-era environmental policies.

This year, the environmental agenda has focused on “deregulation” to promote industrial competitiveness, as well as a sharpened focus on energy generation and transmission to support economic growth.

On July 22, President Trump announced that the United States and Japan had reached a bilateral trade agreement, which if fully implemented, would reduce tariffs on Japanese imports to a baseline 15% rate in exchange for a Japanese commitment to invest $550 billion in the United States.

The Committee on Foreign Investment in the United States (CFIUS) is back in the spotlight.

The climate debate has whipsawed in recent years. Businesses frequently have been caught in the middle, with stakeholders including government regulators, activist investors, consumers, non-governmental organizations, and community groups all pursuing different agendas.

The “One Big Beautiful Bill Act” — budget reconciliation bill signed into law on July 4 — and a new Executive Order (EO) have clarified that solar and wind generation.

Changes in presidential Administration often mean changes in policy priorities and budgeting, but a Maryland federal district court recently held that the executive branch’s ability to pivot on policy has limits.

“Energy security,” the principle that when you flip a light switch the lights will turn on, is something that most Americans take for granted. But the mechanics behind it incorporate both century-old transmission towers and the latest in renewable energy technology.

For decades, businesses have focused on “doing more with less,” maximizing efficiency by optimizing resources and streamlining processes to achieve greater output with fewer inputs. This effort often involves leveraging technology, improving productivity, and reducing waste to maintain or enhance performance.

The Illinois Commerce Commission staff (ICC Staff) announced recommendations laying the groundwater for Illinois’ first procurement of energy storage resources expected to occur this summer.

President Trump’s energy-focused ambitions will generate work for regulators at all levels of the government.

A Biden-era US Department of Labor (DOL) Rule permitting consideration of environmental, social, and governance (ESG) factors when choosing investments as a “tiebreaker” was recently upheld by Texas federal Judge Matthew Kacsmaryk. This decision applied the US Supreme Court’s 2024 ruling in Loper Bright v. Raimondo, revisiting three topics lost in 2025’s Department of Government Efficiency-era drama.

Last month, the Illinois General Assembly passed a bill establishing prevailing wage requirements and tax incentives for high voltage transmission line and utility-scale battery storage projects.