United States: Energy Law

This update (No. 128 | 22 September 2026) covers key policy and regulatory developments related to EU geopolitical risks, including in particular, economic security, Russia’s war against Ukraine, Middle East conflict, health threats, and cyber threats. It does not purport to provide an exhaustive overview of developments.

On September 30, 2026, Senate Environment and Public Works (EPW) Committee Chair Shelley Moore Capito (R-WV), Ranking Member Sheldon Whitehouse (D-RI), Senate Energy and Natural Resources (ENR) Committee Chair Mike Lee (R-UT), and Ranking Member Martin Heinrich (D-NM) unveiled the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA; S. 5653), a comprehensive permitting reform package aimed at accelerating approvals for energy, infrastructure, transmission, mining, manufacturing, and other major projects. The legislation represents the most significant bipartisan permitting reform effort in years and follows months of negotiations between Senate Republicans and Democrats.

On Sept. 30, 2026, Senate negotiators announced agreement on the text of the “Bipartisan American Affordability and Jobs Act of 2026,” a long-awaited bill to reform and expedite federal environmental and energy permitting. The 417-page bill is the product of intensive negotiations among the chairs and ranking members of the Senate Energy and Natural Resources Committee and the Environment and Public Works Committee that began early in the 119th Congress.

After years of scepticism, we are now seeing the most significant global rethink of nuclear power in a generation.

Texas has become a major hub for hyperscale data center development, driven by abundant energy resources and a business-friendly environment. However, rapid growth is creating significant challenges around power availability, transmission infrastructure, water resources, and regulatory oversight. This program examines the legal, regulatory, and commercial developments shaping data center projects across Texas, providing practical insights for developers, investors, operators, and stakeholders navigating

On September 18, 2026, Virginia Governor Abigail Spanberger issued Executive Order 22: Establishing New Nation-Leading Standards and Initiatives to Implement the Virginia Data Center Accountability...

The Department of Energy has issued a request for information on implementing President Trump's Bulk-Power System Executive Order, which would prohibit imports and installation of certain foreign-produced electric equipment deemed a national security risk. The RFI seeks public input on critical implementation questions including equipment scope, foreign entity definitions, supply chain risk assessment, and how to address already-installed equipment. Comments are due October 9, 2026, providing stakeholders a

Todd Snitchler, president and CEO of the Electric Power Supply Association (EPSA), discusses the organization's Competitive Power Principles and commitment to evolving the resource mix in competitive wholesale power markets. The conversation explores diverse energy portfolios, nuclear power developments, infrastructure connectivity challenges, and how competitive markets drive emissions reductions through market-based solutions.

Scott Ellis is a legal professional at Foley & Lardner LLP, where he provides counsel to clients across various practice areas. His expertise and experience position him to deliver strategic legal solutions tailored to complex business challenges. Contact information and professional details are available for those seeking his legal services.