Regulatory & Legislative

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).

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.

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.

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.

While much attention has focused on the electricity demands of AI-driven data centers, a quieter crisis is emerging around water consumption. Modern hyperscale data centers can consume between one and five million gallons of water daily for cooling systems, with some facilities using significantly more during peak operations. As tech companies announce plans to build dozens of new AI-focused campuses, communities from Arizona to Virginia are questioning whether local water resources can sustain this growth alongside residential and agricultural needs.

The U.S. Department of Energy has released a $293 million funding opportunity (DE-FOA-0003612) under its Genesis Mission to accelerate AI deployment across 26+ national challenges in energy systems, grid infrastructure, data centers, advanced manufacturing, microelectronics, and biotechnology. The focus is on creating deployment-ready solutions, not exploratory research. Unlike traditional DOE research grants, Genesis Mission prioritizes speed, integration, and measurable performance gains in complex systems through cross-sector collaboration.

Carbon capture and storage (CCS) is rapidly emerging as one of the most consequential areas of energy law and environmental regulation. At its heart sits a technical but critically important regulatory category: the Class VI injection well. These wells are used to inject carbon dioxide into deep rock formations for the purpose of long-term underground storage, making them the cornerstone of any commercial-scale CCS project. For years, permitting authority for Class VI wells located in Texas rested solely with the federal Environmental Protection Agency (EPA), resulting in a process many in the energy industry found slow and uncertain.

That all changed last fall. In November 2025, the State of Texas formally received primary enforcement authority, or “primacy”, for its Class VI Underground Injection Control (UIC) program, granting the Railroad Commission of Texas (RRC) regulatory power over these types of wells and, consequently, the CCS process.

This article examines how Texas achieved this milestone, how the state strategically positioned itself for a seamless transition by accepting applications and fees years in advance, and the status of those permit applications today.

Overview of Feedstock Supply Agreements

Digesters, which convert organic feedstock into raw biogas for upgrading into renewable natural gas (RNG), depend on the quality and quantity of available feedstock for successful operation. A reliable and financeable feedstock supply agreement is therefore essential to the success of any digester-based RNG project. These contracts govern the relationship between the suppliers of feedstock and project owners and operators, making them essential to the success of any RNG project and a primary diligence item in any digester financing or investment transaction.