Legal & Regulatory

The Internal Revenue Service recently issued its long-awaited guidance on how to determine whether a clean energy project uses too much equipment from Chinese or other prohibited foreign entities to qualify for valuable federal clean energy tax.

The Federal Energy Regulatory Commission (FERC or the Commission) on February 19 of this year issued an Order on Rehearing and Clarification ruling that qualifying facilities (QFs) that are 20 MW or smaller cannot rely on their exemption from Federal Power Act (FPA) Sections 205 and 206 during periods when their Form No. 556 certifications are outdated due to any material changes from the original certification, such as changes in upstream ownership.

Seven of the nation’s largest artificial intelligence (AI) companies and hyperscalers signed a White House-brokered agreement March 4 committing to build, procure, or fund new generation capacity sufficient to cover the electricity demands of their data centers—and to pay for all grid infrastructure upgrades required to connect them, without passing those costs to residential or […]

The Nuclear Regulatory Commission (NRC) on March 4 authorized staff to issue a construction permit for TerraPower’s Kemmerer Power Station Unit 1 in Kemmerer, Wyoming—the first commercial reactor the agency has approved for construction in nearly a decade, and the first approval for a commercial non–light water reactor design in more than 40 years. The […]

On April 24, 1996, the Federal Energy Regulatory Commission (FERC) issued Order 888, requiring all public utilities owning or operating interstate transmission facilities to file open-access

A resurgent nuclear industry cannot succeed unless the U.S. invests in the entire nuclear fuel cycle—from uranium mining to long‑term waste storage. Without strengthening this industrial backbone, nuclear power’s potential may remain more aspiration than reality.

Despite growing technical maturity, post-combustion carbon capture and storage (CCS) projects for power generation continue to face decisive hurdles. Integration complexity, financing structures, and risk

The U.S. Nuclear Regulatory Commission (NRC) has proposed the first dedicated federal licensing framework for commercial fusion machines, setting out a technology‑inclusive, risk‑informed approach under its 10 CFR Part 30 byproduct material rules rather than the power‑reactor framework used for fission plants. The proposed rule seeks to place regulatory oversight of fusion‑generated radioactive material within […]

The Department of Energy (DOE) has closed a $26.54 billion loan package—the largest single loan commitment in the agency’s history—with Southern Co. subsidiaries Georgia Power and Alabama Power to finance more than 16 GW of “firm” generation and more than 1,300 miles of transmission infrastructure and grid enhancement across the Southeast. The transaction, announced Feb. […]

The Department of Energy (DOE) has released specifications for 26 artificial intelligence (AI) challenges under its Genesis Mission that could reshape how power plants are designed, licensed, built, and operated. Several directly target nuclear plant deployment timelines, grid interconnection bottlenecks, data center load integration, fusion commercialization, and subsurface energy recovery. Launched via executive order on […]

The U.S. Nuclear Regulatory Commission (NRC), the federal agency responsible for licensing and oversight of civilian nuclear facilities, on Feb. 4 said it would launch a sweeping organizational restructure intended to consolidate decision-making authority, integrate licensing and inspection teams, and align the agency with presidential directives for accelerated nuclear technology deployment. The reorganization will create […]

The U.S. Department of Energy (DOE) has issued its first production-scale task orders under a $2.7-billion uranium enrichment program launched in 2024, awarding $900 million each to Centrus Energy Corp., General Matter, and Orano Federal Services to expand domestic capacity for conventional low-enriched uranium (LEU) and high-assay low-enriched uranium (HALEU) over the next decade. The […]

The Trump administration during both its terms has prioritized its efforts on reviving the coal industry by introducing a series of policy changes and executive actions intended to boost coal leasing and production on federal lands. Yet, despite these political moves, coal’s trajectory in the U.S. energy market has followed a different path.

A rapid succession of Section 202(c) emergency orders has forced utilities to keep more than 2 GW of coal capacity online in December alone, marking an unprecedented federal intervention in grid operations and triggering legal challenges from states and environmental groups. Across all orders issued since May 2025, the DOE has now stalled the retirement […]

On Dec. 8, 2025, U.S. District Court Judge Patti B. Saris of the District of Massachusetts granted summary judgment against the Trump administration declaring that the Jan. 20, 2025, executive memorandum directing federal agencies to halt wind energy development (and all related agency actions to implement the memorandum) were unlawful. Wind Energy in the U.S. […]

The last coal-fired power generation unit in Washington state, scheduled to close by year-end, is the latest U.S. coal facility ordered to remain in operation by the Trump administration. The U.S. Dept. of Energy (DOE) on December 16 told TransAlta, a Calgary, Canada-based independent power producer (IPP), to keep the 730-MW, coal-fired Centralia Unit 2 […]

In the push for more efficient and streamlined permitting processes, recent changes from Congress, the U.S. Supreme Court, and the executive branch have reshaped the National Environmental Policy Act (NEPA) landscape.

The past year saw a multitude of factors driving up electricity prices, including rapid growth in electricity demand, supply chain tightness, deployment delays for transmission and production projects, and an uncertain political and permitting climate. We expect all of these trends to continue in 2026. Changing economics have turned the justification for project development in […]

In the race to decarbonize and secure America’s energy future, nuclear power is once again in the spotlight. From advanced reactors to fusion breakthroughs, the promise of nuclear energy is clear.

In its recently released Winter Reliability Assessment, the North American Electric Reliability Corporation (NERC) found that while resources are adequate for normal winter peak demand, large swaths of North America face an elevated risk of electricity shortfalls during prolonged, wide-area cold snaps. Noting that four severe Arctic storms have swept across much of the continent since […]

Lenders and investors are scrutinizing data center projects closely. Identifying and mitigating risks early helps attract investors and reduce financing costs. Clear documentation and realistic timelines are essential to securing financing. Land Control—The Foundation of Success: Land remains the cornerstone of any data center development. Verifying land control ensures the project’s legal and physical foundation […]

The Public Utility Commission of Texas (PUCT) has executed its first agreement under the Texas Energy Fund (TxEF) Completion Bonus Grant (CBG) Program, awarding the Lower Colorado River Authority (LCRA) up to $22.56 million for its 188-MW Timmerman Power Plant Unit 1, a new natural gas–fired plant in Caldwell County, Texas. The agreement marks the operational launch of Texas’s performance-contingent funding mechanism, which is designed to accelerate […]

Securing a reliable supply of electricity requires plenty of research to balance the risks and rewards of striking a deal.

The One Big Beautiful Bill Act introduced sweeping changes to the Internal Revenue Code, but some of the most impactful changes for the renewable energy and fuels industries are the foreign entity of concern rules (FEOC) rules. These rules present real challenges for project owners, but they are not relevant for facilities that begin construction […]

Ever since the One Big Beautiful Bill Act (OBBBA) first surfaced, it has been widely portrayed as an existential threat to the renewable energy transition. From boardrooms to project sites, developers braced for the worst—expecting a wave of regulatory shifts that could undermine years of progress in clean energy deployment. However, with the latest guidance from the Treasury Department released this August, uncertainty has been replaced by urgency—signaling that the time is now for decision-makers to get moving on their much-needed solar initiatives.

The energy industry is in a bit of a technological whirlwind. Climate-related disruption and shifting adaptation requirements inject alarming levels of uncertainty into traditional business models, while a surge in amazing engineering breakthroughs and innovations simultaneously present irresistible opportunities for enhanced efficacy and resilience.

Data centers are the backbone of the digital age, housing the servers and networking equipment that power everything from cloud computing to streaming services. As these facilities grow in size and complexity, so does the challenge of keeping them cool.

Public power utilities are community-owned, not-for-profit electric utilities that deliver reliable, low-cost electricity to about 2,000 communities serving more than 55 million Americans. Among the cities served by public power utilities are Austin, Texas; Nashville, Tennessee; Los Angeles, California; Jacksonville, Florida; and Seattle, Washington. The Large Public Power Council (LPPC) is the voice of large […]

The U.S. Environmental Protection Agency (EPA) has moved to shift capital planning and permitting timelines for the nation’s remaining coal-fired power units, acting on two measures targeting wastewater discharge under the Clean Water Act, and separately, air-quality visibility programs and the Clean Air Act. On Sept. 29, the EPA issued a proposed rule and companion […]

As utility leaders look to manage the ever-growing volatility in the industry, they also need to prepare for a shifting regulatory landscape that could bring unprecedented competition.