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Since its inauguration in January 2025, this federal administration has been engaged in a broad effort to change course on many fronts, including environmental and energy policy. Two district court decisions and a decision by the Secretary of the Interior involving development of offshore wind energy provide an opportunity to consider whether any law constrains agency discretion to implement a new administration’s policies, even when that would involve a reversal of prior decision making.…

Continue Reading As the Wind Turbine Turns: When Can a Federal Agency Change Its Mind?

The Japanese Ministry of Economy, Trade and Industry (METI) has proposed revisions to the price cap structure in Japan’s balancing market that may materially impact the economics of battery energy…

Continue Reading METI Proposes Price Cap Reductions in Japan’s Balancing Market: Implications for Battery Energy Storage Systems

On Dec. 11, 2025, the head of the Federal Executive Branch, Claudia Sheinbaum, published in the Official Gazette of the Federation (DOF) the Decree enacting the General Water Law (LGA)…

Continue Reading Mexico’s New General Water Law and Reforms to the National Water Law

On December 8, 2025, in the case of New York v. Trump, the federal district court for the District of Massachusetts vacated orders from several federal agencies that implemented…

Continue Reading Federal Judge Vacates Trump Administration’s Halt to Wind Energy Permitting

On Nov. 21, 2025, the U.S. Fish and Wildlife Service (FWS) released four proposed rules to revise its Endangered Species Act (ESA) implementing regulations, all of which would apply only…

Continue Reading Wildlife Agencies Issue Four Proposed Rules to Revert Endangered Species Act Practices to 2019 Interpretations

On Oct. 28, 2025, Mexico’s Head of the Executive Power, Claudia Sheinbaum, published in the Official Gazette of the Federation (DOF) the Decree establishing administrative facilities for the regularization of…

Continue Reading Decree Establishes Administrative Facilities for the Regularization of Concession and Assignment Titles of National Waters in Mexico

On Nov. 21, 2025, the Board of Directors of the New York Independent System Operator, Inc. (NYISO), as anticipated, approved the 2025-2034 Comprehensive Reliability Plan (CRP).  This blog post…

Continue Reading NYISO Reliability Plan: New York May Require Thousands of Megawatts of Dispatchable Generation by 2034

On November 17, 2025, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (the Corps) announced a proposed rule (PR) to revise the definition of “waters of the United States” (WOTUS) by excluding several types of waters from the definition of WOTUS in their respective regulations (40 C.F.R. § 120.2 and 33 C.F.R. § 328.3).
Continue Reading The Never-Ending Rule: EPA and Army Corps of Engineers Propose Narrowing the Post-Sackett Definition of ‘Waters of the United States’