In this Issue: Fusion, Federal Actions & Other Climate Hot Topics
By Adam Kahn
Welcome to the June 2025 edition of Climate Law Matters. Foley Hoag continues to monitor the latest legal developments affecting renewable energy, carbon-free energy, and other climate-related issues. In this issue, we take a closer look at recent changes impacting the nuclear (fission) power industry and advancements in fusion energy, the implications and responses to executive orders and federal actions, and other updates within the industry.
For many years, nuclear power operated in the background, providing reliable power from an aging fleet of traditional nuclear generating stations. This once low-profile industry has stormed back onto the forefront of American energy policy.
In our May 7 blog post, Recent Federal Developments for Advanced Nuclear Technologies, we reviewed recent legislative and regulatory efforts, as well as actions of the incoming administration, to support increases in nuclear power, primarily through streamlining permitting and approval processes. Just weeks later, the President issued four executive orders specifically designed to accelerate permitting and spur development of nuclear resources, particularly for advanced nuclear reactors. Those developments were discussed in our May 29 blog post entitled Will Trump's Executive Orders Ignite a New Era for the U.S. Nuclear Industry? Key Dates and Milestones.
Further changes are on the horizon. As of this writing, Congress is debating sweeping cutbacks in the major tax incentives for clean energy contained in the Inflation Reduction Act of 2022. The current draft legislation treats nuclear energy more favorably than it does wind, solar, and batteries, but the legislative process is ongoing. And on the state level, New York's Governor Hochul just announced a direction to the New York Power Authority to build at least one gigawatt of new nuclear generation by the year 2040. We will continue to provide analysis and updates on our Energy and Climate Counsel blog as developments occur.
Fusion energy holds immense promise as a large-scale source of carbon-free energy. As we described in our April blog post, Fusion Update: Proposed Federal Streamlining Rules Are On The Way, over the past two years, the Nuclear Regulatory Commission has signaled regulatory changes that should significantly streamline the licensing process for fusion energy projects. Unfortunately, the promised May 28, 2025 date for proposed rules to implement those changes came and went, and now the proposed rule is scheduled to be published on November 18, 2025. The reorganization of the NRC mandated by one of President Trump's executive orders may further affect that date.
Separate from the federal efforts, many states are taking actions to further support development of nuclear facilities within their borders. We will report on those and other efforts in a future blog post.
We also introduce Foley Hoag's Federal Actions Tracker, a new resource that provides clients and the public easy-to-access information on more than 300 actions taken to date. Our team discusses the importance of understanding the scope and implications of the significant number of executive orders and other federal actions that have been issued.
We discuss how U.S. states must be prepared to understand and effectively respond to executive orders and other actions issued by the federal government, as these directives are significantly impacting state policies and operations. Many of these federal actions have geopolitical implications, and we examine the legal uncertainty behind Trump's proposed tariffs on Canadian electricity imports.
Lastly, we provide a variety of other updates including a review
of the current health and trajectory of the EV industry.
Nuclear Energy Insights
May 29, 2025 | By Adam Kahn
In our earlier post, "Recent Federal Developments For Advanced Nuclear Technologies," we reported on the new administration's strong support for nuclear energy, as demonstrated by President Trump's first-day executive order "Unleashing American Energy," Secretary of Energy Chris Wright's February 2025 directive "Unleashing the Golden Era of American Energy Dominance," and other significant agency actions. On May 23, 2025, President Trump issued four sweeping Executive Orders targeting nearly every aspect of the U.S. nuclear sector. Below, we provide a concise overview of each order, highlighting key deadlines and implementation milestones.
Fusion Update: Proposed Federal Streamlining Rules are on the Way
April 17, 2025 | By Adam P. Kahn
In April 2023, we reported on federal efforts to streamline fusion energy regulations. At that time, the Commissioners of the Nuclear Regulatory Commission (NRC) voted to approve a proposal expected to accelerate the commercialization of fusion energy in the United States. Specifically, the NRC determined that fusion energy should be regulated under the Nuclear Regulatory Commission's byproduct material framework contained in 10 CFR Part 30, "Rules of General Applicability to Domestic Licensing of Byproduct Material," rather than Part 50, which are the burdensome licensing rules for constructing and operating traditional commercial-scale nuclear fission reactors.
US Role in a Nuclear Energy Resurgence
June 17, 2025 | By Ashley Finan & Matt Bowen from the Columbia Energy Exchange
Climate imperatives, national security, and the need for reliable, carbon-free, dispatchable power to meet rising electricity demand are all contributing to a resurgence in nuclear energy. The United States is taking a leading role in this industry's growth. Tech companies are signing major deals for nuclear energy to meet their growing energy needs. And President Trump recently signed four executive orders aimed at dramatically increasing nuclear power generation — an issue with rare bipartisan support.
Seven More Things You Thought You Knew About Nuclear Energy
May 19, 2025 | By Adam Stein & Matthew L. Wald from the Breakthrough Institute
There are a number of signs pointing to a nuclear renaissance. New reactor designs, growing global interest in firm and clean electricity generation, and increased investment in reactor developers and adjacent industries all signal a potential bull market for new nuclear. But, common misconceptions about the nuclear industry remain pervasive.
Last September we listed seven of those misconceptions; here are seven
more.
E.O. Tracker & Federal Actions
NEW RESOURCE
Foley Hoag Launches Federal Actions Tracker at Day 100 of New Presidential Administration
With the unprecedented pace and scale of change ushered in during President Donald Trump's first 100 days in office, Foley Hoag has launched a Federal Actions Tracker to document major executive actions issued from the White House. The interactive resource provides clients and the public easy-to-access information on more than 210 actions taken to date and will be continuously updated.
Basil Seggos, Foley Hoag partner and senior policy director,
leads the initiative along with Beth Neitzel, partner and co-chair
of the firm's appellate practice group. "With the tectonic
policy shifts triggered by the new administration, it has never
been more important for businesses to have current, reliable
information on executive actions," said Seggos. Neitzel added,
"We are advising our clients daily to help them understand and
respond to this new environment — evaluating risk, assessing
options, and, in some cases, pursuing litigation. We created this
tool to stay on top of developments, and we're sharing it
publicly to help others do the same."
The tracker has been designed to allow users to see where actions
are being taken, how they are impacting certain sectors, and what
resources are available from Foley Hoag to address them. It
features:
- Comprehensive descriptions and links to every major executive action;
- Classification of executive actions into more than 24 categories, such as DEI, education, energy, government efficiency, healthcare, and trade; and
- Links to firm resources and attorneys who are actively handling matters connected to relevant actions.
"Foley Hoag is at the forefront in helping clients respond
to changes in federal policy," said Managing Partner Hathaway
Russell. "We are counseling clients and filing lawsuits
against the Administration on issues ranging from federal funding
and permitting to international trade."
Visit and bookmark the Foley Hoag's Federal Actions Tracker at:
https://foleyhoag.com/federal-actions/
June 17, 2025 | By Basil Seggos
In the first six months of his second term, President Donald Trump has set a new benchmark for the use of executive orders, proclamations and emergency declarations, surpassing all previous presidents since Franklin D. Roosevelt in both pace and scope. Historically, executive orders have served as tools for presidents to direct the operations of the federal government, but Trump's prolific use is redefining their role in American governance as he seeks to shift the balance of power away from the legislative and judicial branches and toward the executive.
State Attorneys General Bring Lawsuit Against Executive Order on Energy Emergency
May 29, 2025 | By Basil Seggos, Andrew M. London, Jack C. Smith, Elza Bouhassira
Following up on our previous posts on United States energy policy under the Trump Administration,
we are writing with an update on recent State Attorney General (AG)
action in response to the Trump Administration's climate and
energy-focused executive actions. On May 9, in the Western District
of Washington State, fifteen Democratic State AGs sued the Trump
Administration challenging its executive order Declaring A National Energy
Emergency (the "Energy Emergency EO").
In the EO, the President directed the "heads of executive
departments and agencies" to use emergency authorities to
expedite domestic fossil fuel and critical mineral projects,
streamline permitting, and prioritize energy infrastructure, citing
national security, high prices, and grid reliability concerns.
May 9, 2025 | By Seth D. Jaffe, Basil Seggos, Daniel T. Carlston, Elza Bouhassira, Joshua Rosen
As we have noted previously, a number of states have enacted legislation and/or brought claims against fossil fuel producers seeking payment for damages resulting from climate change. Legislative efforts include New York State's Climate Change Superfund Act and Vermont's Climate Superfund Act. These efforts have prompted other states and some industry groups to challenge these efforts as unconstitutional.
State Attorney General and State Governor Responses to Executive Orders Impacting Climate and Energy
April 15, 2025 | By Basil Seggos, Andrew M. London, Jack C. Smith, Elza Bouhassira
In the twelve weeks since Inauguration Day, President Trump has
issued dozens of executive orders, a number of which are designed
to reverse the nation's momentum on clean energy and climate
action. He has sought to upend burgeoning clean energy industries
and is now targeting state climate action programs.
Trump's environmental and energy executive order rollbacks have
been the focus of considerable public consternation, as one major
clean energy project after another has had its funding withdrawn or its permits paused. State Attorneys General and
Governors have largely responded along party lines: support from
"red" state leaders; condemnation from "blue"
state leaders, with several launching court action against some of
the ensuing executive and agency actions. As we move into the
spring and summer, expect state leaders to continue asserting
themselves as the federal government attempts to reshape the
nation's energy policy.
Building on our previous post on United States energy policy
under Trump, this post gives a brief overview of State AG and
Governor responses to twelve climate and energy-focused executive
actions.
A Challenge to the Constitution for the Ocean? Understanding Trump's Deep Sea Mining Executive Order
May 29, 2025 | By Christina G. Hioureas, Basil Seggos, Nicholas Renzler, Elza Bouhassira, Constantinos Salonidis, Andrew B. Loewenstein
On April 24, 2025, President Trump signed a far-reaching executive order aimed at accelerating the development of deep-sea mining for critical minerals beneath both United States and international waters. Framed as a matter of national security and economic necessity, the order seeks to position the U.S. as a global leader in the extraction and processing of seabed resources. The move has ignited fierce debate among policymakers, industry leaders, environmentalists, and the international community, raising fundamental questions about the legal, environmental, and geopolitical implications of mining the ocean depths.
Taking Stock of Tariff Volatility Along the Canadian Border
June 24, 2025 | By Peter Ross
On February 1, 2025, President Trump issued Executive Order 14193, "Imposing Duties to
Address the Flow of Illicit Drugs Across Our Northern Border,"
(the "Canada Tariff EO"), rattling Northeastern
policymakers and market participants alike. In the absence of any
guidance on how this would be applied to electricity (if at all),
NYISO and ISO-NE (the wholesale market grid operators in New York
and New England, respectively) scrambled to amend their operating rules, lest
they be unable to pay any import duties.
Other Updates
June 17, 2025 | By Sarah Main
The EV industry continues to face federal regulatory and
political uncertainty and now, the clock is ticking on the
Inflation Reduction Act's electric vehicle (EV) tax credits and
incentives. The recently proposed House and Senate versions of the
"One Big Beautiful" reconciliation bill would rapidly
phase out certain EV tax credits and eliminate others upon the bill
becoming law. Proponents of the EV tax credits have warned that,
aside from compounding EV affordability concerns, eliminating
federal EV incentives could slow U.S. innovation, risk domestic
jobs, and leave the U.S. behind global competitors in the
transition to EVs.
Our Most Recent Blog Posts + Media Mentions
- The 5th Circuit Rejects EPA's Nonattainment Designations in Texas; Don't Blame Loper Bright
- MA Files Draft RFP for 1,500 MW Energy Storage, DPU Requests Comments by May 30
- How Trump pushed Empire Wind to the brink of collapse
- NYSERDA Releases Draft RFP for 2025 Bulk Storage Procurement
- Maine Energy Storage Procurement Inches Closer, Comments Requested from Energy Storage Developers by June 9, 2025
- FWS and NMFS Propose to Eliminate Habitat Loss From the Definition of "Harm" Under the ESA: Is This the "Best Meaning" of the ESA?
- Major Shift Proposed for Endangered Species Act Interpretation: Redefining "Harm"
- Does Mastercard's Plan for Geothermal Heating and Cooling Herald a Geothermal Revolution?
- FERC to Rule on ISO New England's
Interconnection Reforms This Week
Our Latest News
Aaron Lang Receives Spring 2025 Mondaq Thought Leadership Award
We're pleased to share that Energy & Climate partner
Aaron Lang has received a Spring 2025 Mondaq Thought Leadership
Award in the Energy and Natural Resources Category in the U.S for
his commentary in the November 2024 article, "What You Should
Know On Clean Energy Funding Before Trump Takes Office."
The Spring 2025 Mondaq Thought Leadership Awards showcase top
authors on the platform based on total article readership between
October 2024 and March 2025. Awards are given to the top author in
each of 16 countries, as well as across multiple topic areas in
each country.
Former White House Counsel Gregory Craig Joins Foley Hoag
Foley Hoag is pleased to announce that Gregory Craig, former
White House Counsel for President Barack Obama, is joining the
firm's Washington, D.C. office. During the course of his
career, Craig advised several U.S. presidents, Cabinet officials,
Members of Congress, and private parties with respect to domestic
and cross-border issues.
"Foley Hoag is honored to welcome Greg to the firm," said
Managing Partner Jim Bucking. "For decades he has operated at
the highest levels of government and in courtrooms around the
country. We look forward to drawing on his wisdom, experience and
trial talents to benefit our clients facing high-stakes litigation
and investigations."
In the late 1990s, Craig oversaw Bill Clinton's defense during
impeachment proceedings in the House of Representatives and was one
of the President's lead lawyers in the impeachment trial in the
Senate. He also interrupted his time in private practice to serve
as Director of Policy Planning at the U.S. State Department under
Secretary of State Madeleine Albright, and as National Security
Advisor to Senator Edward Kennedy. As White House Counsel, Craig
drafted an executive order banning the use of torture in
interrogations and played a central role in the nomination and
confirmation of Supreme Court Justice Sonia Sotomayor.
See full press release here.
Some of Our Recent Work
Foley Hoag Represents SparkCharge in $30.5M of Equity and Debt Financings
Foley Hoag represented client SparkCharge, the world's
largest off-grid electric vehicle fleet charging network and
creator of the first mobile, off-grid EV charger, in completing a
$15.5M Series A-1 funding round, led by Monte's Fam and a $15M
credit facility provided by Horizon Technology Finance
Corporation.
The financings will allow SparkCharge to continue its
industry-leading work, being first to market with an off-grid EV
Charging network. .
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