Regulatory & Legislative

High voltage pylons with electric power lines transfering electricity from solar photovoltaic sells at sunrise. Production of sustainable energy concept

After years of false starts, Congress may finally be nearing a meaningful overhaul of the federal permitting process. On September 30, 2026, the leaders of the Senate Energy and Natural Resources Committee and the Senate Environment and Public Works Committee released the 417-page Bipartisan American Affordability and Jobs Act of 2026. The bill would broadly revise the Clean Water Act, the Endangered Species Act, and the National Environmental Policy Act, affecting nearly every category of energy and infrastructure project, including oil and gas, renewable generation, and electric transmission. The Senate has already scheduled its first procedural step: a November 9, 2026, cloture vote on the motion to proceed to the permitting reform vehicle. Renewable developers navigating an already difficult federal permitting landscape should pay close attention now, while the legislative text is still being negotiated and shaped.

A yellow tracked excavator works along a wetland pond bank, moving soil and clearing vegetation for land development and erosion control. Bright blue sky and green trees frame the industrial scene

The scope of federal jurisdiction under the Clean Water Act is about to change again, and this round of rulemaking is one that landowners, developers, and energy and infrastructure sponsors cannot afford to watch from the sidelines. On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) (together, the agencies) published a proposed rule that would substantially narrow the definition of “waters of the United States” (WOTUS) under the Clean Water Act, and on September 4, 2026, the agencies issued a supplemental notice seeking additional comment on two of the proposal’s most consequential definitions. Together, these actions signal that a new, narrower WOTUS rule is likely to take effect within the next year, and developers and landowners should be evaluating how the changes will affect their sites.

Wind turbines generating clean energy in vast agricultural field

On June 25, 2026, the U.S. Department of Agriculture (USDA) published a proposed rule that would significantly expand the scope and enforcement of the Agricultural Foreign Investment Disclosure Act (AFIDA), the federal law requiring foreign persons who acquire, transfer, or hold interests in U.S. agricultural land to report those transactions to USDA. If the rules go into effect as proposed, solar and wind generation will be, for the first time, explicitly addressed in AFIDA regulations, strict penalties will apply, exceptions will be more limited, and enforcement will be more likely. Comments on the proposed rule are due by August 10, 2026.

High-voltage transmission lines/towers

The nation’s six regional grid operators recently told FERC how they plan to keep the lights on as large loads reshape the grid. Their July 20, 2026 Informational Reports offer a rare, coast-to-coast snapshot of the regulatory landscape for data centers, AI campuses, and other large loads. They also signal what to expect when each grid operator files its Show Cause Response on August 17, 2026.

Sunset over biofuel factory

At a May 28, 2026 public hearing, fuel producers, agricultural stakeholders, and environmental credit companies testified before the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS), calling for targeted fixes to proposed regulations affecting clean fuel production tax credit under Section 45Z of the Internal Revenue Code of 1986 (Section 45Z Credit).

Balcony solar power plant. Mini PV plants generate your own electricity plug play

Plug-in solar systems (also known as balcony solar or apartment solar) have been legalized by seven states this year. This opens up new markets to the sellers of small solar panels, microinverters, and their related equipment. Companies that look to take advantage of this opportunity should be mindful up front of the tax obligations that come with expansion into new states. This is an area where a little up-front work can reduce risk on the back end. But even where mistakes have been made, quick attention to them can reduce liability.

Large scale computing infrastructure, datacenter aerial drone overhead view. Telecommunication server infrastructure.

There is a lot of talk these days about how the artificial intelligence (AI) boom will revolutionize the economy. The electric power sector is no exception. All over the country, tech companies are developing hyperscale data centers to provide the computing power necessary for cloud-based services, large language model training, and other AI applications. These facilities consume an enormous amount of power—some even more than large cities or even entire states. In many areas, meeting this demand requires utilities to invest significant capital into new transmission lines and power plants.

data center

Proposed “Computational Load Entity” Criteria Posted for Comments

Since North American Electric Reliability Corporation (NERC) launched Project 2026-02 to address reliability risks from computational loads, as discussed in our previous post, NERC has continued to manage the concerns raised by the emerging presence of large loads on the Bulk‑Power System (BPS).

Major workplace accidents present a variety of legal challenges. While cooperating with a governmental agency (OSHA/MSHA/PHMSA/CSB or other)[1] during an accident investigation, the decisions you make can have an impact on the company in the future. The checklist below can help you protect the company against further liability.