On December 18, 2025, the Federal Energy Regulatory Commission (FERC)
issued a pivotal order to PJM Interconnection, the nation’s largest regional wholesale power grid operator running the transmission system in the Mid-Atlantic region. The Order intends to help reshape how large loads—especially data centers—connect to the grid in the face of massive load growth from artificial intelligence (AI) hyperscalers.
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.
Enacted earlier this year and scheduled to take effect September 1, SB 2337 would impose new disclosure obligations on proxy advisory firms issuing recommendations regarding Texas-based public companies, including a requirement that any recommendation based in whole or in part on environmental, social, or governance (ESG) or other “nonfinancial” considerations be accompanied by a disclaimer that such advice subordinates shareholder financial interests to other objectives. But, on August 29, 2025, Judge Alan Albright of the U.S. District Court for the Western District of Texas entered preliminary injunctions in two related cases enjoining the State from enforcing Senate Bill 2337 against Institutional Shareholder Services (ISS) and Glass Lewis, the two firms that together account for the vast majority of proxy advisory services in the U.S. While the injunctions technically apply only to the named plaintiffs, their market dominance—an estimated 97 percent of proxy advisory services—renders the orders functionally dispositive of the law’s near-term enforceability.
In 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.
In 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.
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.
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.
Last 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.
In 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.
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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