Energy Law and Electricity Regulation

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.

Energy arbitration disputes involve complex technical evidence, engineering concepts, and operational decisions that require strategic visual communication to help arbitrators understand and remember key arguments. The challenge lies not in the tribunal's ability to comprehend sophisticated evidence, but in how effectively counsel organizes and presents that information through clear visual frameworks and demonstratives.

Electric generation projects rarely get built, let alone financed, without a long-term contract locking in revenue. That contract, referred to as an offtake agreement, determines whether a project can attract limited-recourse debt and whether investors are willing to commit capital to construction.

Louisiana's Department of Conservation and Energy has proposed significant rule changes for groundwater management that could reshape how legacy oilfield sites are investigated and monitored. The new regulations introduce stricter requirements for environmental well installation, including prohibitions on screens crossing multiple aquifer layers, and establish accelerated timelines for well plugging.

Industry stakeholders should anticipate multiple data center-related bills addressing water, power, local regulatory authority and tax incentives, with increased scrutiny of development practices and community engagement.

The U.S. Environmental Protection Agency (EPA) recently published its proposed 2027 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) for public comment. The proposal would replace the current 2022 CGP, which will expire in February 2027, and includes targeted changes addressing (1) the Supreme Court’s decision in City and County of San Francisco v. EPA, (2) submission of Stormwater Pollution Prevention Plans (SWPPPs) when seeking coverage, (3) sediment basin stabilization measures, and (4) purported streamlining of certain permit requirements.

The Trump administration accelerated domestic critical minerals production in August 2026 through billions in new mining investments, DOE grants for battery manufacturing and mineral processing, and Department of War direct investments targeting supply chain vulnerabilities. Congressional Democrats are now escalating oversight investigations, citing transparency concerns and potential conflicts of interest in the administration's international minerals agreements.

The Pentagon's Office of Strategic Capital has launched a groundbreaking fund-level financing program targeting critical minerals supply chains essential to U.S. national security. Unlike traditional government loans to individual companies, this initiative provides capital directly to qualified investment fund managers who can leverage federal loans alongside private capital to address strategic mineral shortages and vulnerabilities in the defense industrial base.

The Department of War's Office of Strategic Capital has launched a groundbreaking $500 million to $1 billion fund finance program targeting critical minerals vital to U.S. national security. How will this federal-private capital partnership reshape financing for companies addressing supply chain vulnerabilities in strategic materials?

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.

Energy arbitration disputes involve complex technical evidence, engineering concepts, and operational decisions that require strategic visual communication to help arbitrators understand and remember key arguments. The challenge lies not in the tribunal's ability to comprehend sophisticated evidence, but in how effectively counsel organizes and presents that information through clear visual frameworks and demonstratives.