Articles Posted in Energy

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This post reviews the U.S. Supreme Court’s significant regulatory and administrative law decisions from the Court’s 2024 Term and previews cases on the docket for Fall 2025. While the term produced no true “blockbusters,” the Court displayed particular concern with how lower federal courts have been applying the National Environmental Policy Act (NEPA), and it clarified the already complex judicial review provisions of the Clean Air Act (CAA). At the same time, the Court declined invitations to revisit contentious issues surrounding CAA citizen suits and avoided intervening in the wave of state-law climate change litigation. Consistent with its current composition, the Court continues to take a conservative approach, closely hewing to statutory text and structure.

Our review is organized in three parts: first, environmental and energy law cases; second, administrative law rulings that delineate the boundaries of the Administrative Procedure Act (APA); third, we discuss the environmental, energy and administrative law cases the Court has agreed to hear in its October 2025 Term.

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GettyImages-1316803445-300x200In its first nine months, the Trump administration has taken multiple actions impacting offshore wind development and generating substantial uncertainty as to the industry’s future in the United States. Those actions have placed future projects on the defensive across multiple fronts. In response, some states and project proponents have instituted plans to try to protect existing and planned projects and encourage opportunities in welcoming jurisdictions. This article recaps the extraordinary activity in this energy sector in 2025.

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Resilience-episode-6-1-300x169In the newest episode of Resilience, Pillsbury’s Shellka Arora-Cox and Brookfield Asset Management’s Brian Callahan discuss one of the most dynamic corners of the energy and infrastructure market: private debt.

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The U.S. Department of the Interior (DOI) announced on May 30 that it will invoke emergency permitting procedures to accelerate environmental review of select geothermal energy projects, with three proposed geothermal projects in Nevada to be among the first projects to undergo expedited review.

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The rapid growth of electricity demand from data centers has emerged as a major challenge for the U.S. power sector. Much of this demand is being driven by the deployment of large learning models (LLMs) and generative artificial intelligence (AI). These workloads require large-volume, high-uptime computational infrastructure, and correspondingly large, reliable power supplies.

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https://www.gravel2gavel.com/files/2025/01/Seal_of_the_President_of_the_United_States.svg_-300x300.pngLast week, on one of his final days in office, President Biden signed an executive order aimed at boosting the development of energy facilities and data centers for artificial intelligence (AI) technology. Executive Order 14141 directs the secretaries of Defense, Energy and the Interior to lease sites on federal land to private sector companies for the purpose of building data centers and energy generation and transmission facilities. Noting that AI technology has become, and is expected to remain, a “defining technology of our era,” and that both economic and national security risks could arise if the United States falls behind in the race to build AI infrastructure, the Order seeks to reduce regulatory barriers to these projects by speeding the permitting process, and ambitiously seeks to enable construction at these federal sites to commence by January 1, 2026.

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Episode-4-card-300x151In the newest episode of Resilience, Pillsbury’s Shellka Arora-Cox and guest Adam Hise, Managing Director of Storage Risk Solutions for Ascend Analytics, dive deep into the evolving world of battery storage, market volatility, and how companies are navigating risk in a dynamic energy landscape.

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In a potential blow to the fledging EV transition, reports have noted that the Trump transition team is planning to terminate the $7,500 consumer EV credit, an action publicly supported by Elon Musk.

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Card-300x152In the latest episode of the Resilience podcast, colleague Shellka Arora-Cox and Laura Pagliarulo, CEO and founder of SolaREIT, get down to the nitty-gritty in a discussion of the interplay of solar power capacity, generation and land use.

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