Energy & Cleantech Counsel

On August 18, the DC Circuit handed down its decision in Chamber of Commerce v. EPA, unanimously upholding the US Environmental Protection Agency’s (EPA) designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) — and in doing so, unlocked the law’s powerful enforcement tools against two per- and polyfluoroalkyl substances (PFAS) compounds.

The national race to build artificial intelligence (AI) infrastructure is colliding with a stubborn local reality: strategically important projects have to be built somewhere.

Infrastructure disputes increasingly turn on a threshold question that many project sponsors assume has already been resolved: Does the governmental actor supporting, permitting, funding, or constructing the project actually possess legal authority to do so?

New York’s data center pause is temporary, but the review process itself will make permanent the assumptions, standards, and evidentiary records that govern future development.

The US Environmental Protection Agency (EPA) recently released its proposed Sixth Unregulated Contaminant Monitoring Rule (UCMR 6), which would establish the parameters that water systems must monitor.

While it may seem like there are fewer calls of late to “electrify everything,” the legal debate over whether “gas bans” — local ordinances that prohibit use of fossil fuel-powered appliances in new construction — continues.

The first half of 2026 has continued to see radical shifts in the energy space on issues ranging from data centers to affordability.

The Federal Aviation Administration (FAA) and US Department of Defense have stalled project reviews.

State policymakers are recalibrating how they regulate and incentivize data center development.

The Fourth Appellate District’s June 2 decision in Tate Road Solar 1, LLC v. County of Winnebago held that Illinois courts cannot compel counties to issue permits when solar projects meet statewide standards for solar siting under 55 ILCS 5/5-12020. 

In a recent win for renewable energy developers, the Michigan Court of Appeals confirmed that Michigan law prohibits local governments from imposing requirements on wind, solar, and energy storage projects more restrictive than state law.

In a significant win for the energy industry, the Maryland Supreme Court affirmed the dismissal of three municipal lawsuits alleging that energy companies engaged in deceptive practices related to the promotion of fossil fuels.

Partner J. Michael Showalter, International Bar Association Environment, Health, and Safety Law Committee officer, was quoted on President Trump’s January memorandum removing the United States from 66 international organizations and instruments, including 31 entities tied to the United Nations.

A federal court’s recent ruling shields members of a national trade association from Oregon’s Extended Producer Responsibility (EPR) program pending trial, raising constitutional questions that could affect similar programs in other states.

A recent Michigan federal court decision emphasizes the need to review the separateness of corporate entities so that operational issues associated with one entity do not result in potential exposure for others.

On February 12, the US Environmental Protection Agency (EPA) announced the elimination of EPA’s 2009 Greenhouse Gas (GHG) Endangerment Finding and all subsequent federal GHG emission standards for vehicle model years 2012 and newer — a move that will dramatically limit federal government engagement on climate issues.

The popular perception that we are in a relaxed federal enforcement environment should not lull businesses into taking their foot off the gas on compliance activities.

2026 will be a pivotal year for US energy policy and markets. We predict it will be defined by pressure to deliver affordability and reliability amid accelerating load growth, contested jurisdiction between states and Washington, DC, continued investment in renewable energy generation (notwithstanding significant new headwinds), a renewed interest in fossil fuels of all types and nuclear generation, and a priority for an “all-of-the-above” build-out to power data centers and the broader economy.

Trump Administration efforts to quash state-driven climate action were recently dealt a setback when a Michigan federal court rejected a federal effort to quash state claims focused on the fossil fuel industry.

Illinois’ data center market is booming because of strong state incentives, but that growth is tightening power supplies and raising reliability and cost concerns.

Last week, the White House began its interagency review of the Environmental Protection Agency’s (EPA) final rule to rescind its 2009 Greenhouse Gas Endangerment Finding and related vehicle greenhouse gas (GHG) standards.

Over the past year, both the executive branch and the courts sought to pare back certain stringent aspects of National Environmental Policy Act (NEPA) reviews. However, a decision issued in December 2025 illustrates that agencies cannot defer conducting NEPA-required reviews until after project approval.

On October 30, the Illinois General Assembly passed the Clean and Reliable Grid Affordability Act (CRGA). CRGA makes significant updates to Illinois’ current statewide siting and zoning framework for renewable energy projects and creates a statewide standard for energy storage projects.

At the end of October, the Illinois legislature passed the Clean and Reliable Grid Affordability Act (CRGA), an omnibus energy bill creating various incentives for renewable energy and storage projects, modifying the project siting process, and creating a new siting process for energy storage systems.

On October 30, the Illinois General Assembly passed the Clean and Reliable Grid Affordability Act (CRGA), an omnibus energy bill creating incentives for energy storage projects.