United States: Energy Law

Meet the legal professionals at Foley & Lardner LLP who specialize in corporate law and business matters. Connect directly with experienced attorneys Joel Meister, Rocio Portela-Berrios, Xiaowan Mao, and Trey Wolf through their contact information.

Governor Abbott's recent directive has introduced significant delays and new verification requirements for large data center projects in Texas, creating unprecedented political and regulatory uncertainty. The directive pauses approvals for facilities over 75 megawatts while ERCOT conducts eligibility verification, potentially delaying projects by several months and signaling a dramatic shift in how Texas approaches data center development and grid reliability.

Illinois has enacted the Clean and Reliable Grid Affordability Act, establishing comprehensive statewide zoning and permitting standards for commercial energy storage systems with capacity exceeding 1 MW. The legislation creates uniform requirements for setbacks, decommissioning, financial assurance, and safety standards while limiting local governments' ability to impose more restrictive regulations.

The rapid expansion of data centers to meet AI computing demands has triggered a wave of litigation across environmental, land-use, and regulatory fronts. As the Trump Administration pushes to fast-track data center development, local communities and advocacy groups are mounting legal challenges that raise novel questions about federal environmental statutes, state permitting processes, and the balance between infrastructure buildout and public engagement.

The Trump Administration's campaign against offshore wind has escalated in 2026 with the announcement of multiple negotiated lease cancellations.

Texas regulators have paused the ERCOT Batch Zero interconnection process for data centers following Governor Abbott's directive requiring comprehensive verification of all large load projects. The verification encompasses two distinct workstreams affecting projects based on size and type, with implications for energization timelines and regulatory compliance. Projects with near-term energization dates face particular uncertainty as ERCOT implements new audit requirements that could take several months to c

The rapid growth of data centre investment is drawing comparisons to earlier infrastructure booms. AI, cloud adoption and high-performance computing are reshaping demand, but one constituency will ultimately determine whether that demand translates into financeable assets: the customers contracting for capacity.

The U.S. Nuclear Regulatory Commission (NRC) and U.S. Department of the Interior's Marine Minerals Administration have entered into a Memorandum of Understanding (MOU) to clarify their respective jurisdictions over civilian nuclear energy projects on the Outer Continental Shelf (OCS).

On July 21, the California Air Resources Board (“CARB”) held a public workshop to provide updates on the implementation of SB 253, the Climate Corporate Data Accountability Act, which requires U.S.-based entities doing business in California with more than $1 billion in annual revenue to disclose their Scope 1, 2 and 3 greenhouse gas (“GHG”) emissions. During the workshop, CARB introduced a revised reporting deadline, a phased-in approach to Scope 3 reporting, changes to the treatment of insurance companies, and proposed assurance requirements that would apply from 2027 and beyond.