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Legal Alerts | Clean Energy Current Developments, Highlights, and News to Explore

  • 2026 Renewable Energy Outlook: The renewable energy industry has faced significant challenges in 2025, particularly with the passage of the One Big Beautiful Bill Act (OBBBA), which rolled back key tax credits and imposed new restrictions.  And although wind and solar investments have fallen in 2025, renewables still dominated U.S. capacity growth, accounting for 93% of additions (30.2 GW) through September 2025, with solar and storage making up 83%.  Last month, Deloitte released its 2026 Renewable Energy Industry Outlook, which outlines five key trends that could shape the industry in 2026.  The outlook is a mixed bag.  2026 could be a good year for renewables, particularly for developers that can move quickly to take advantage of safe-harbor deadlines and build resilient and innovative operations, but any optimism is tempered by policy and supply chain risks.
  • Potential New FERC Regulations on Interconnection of AI Data Centers: The Department of Energy (DOE) has directed FERC to initiate a rulemaking to “rapidly accelerate the interconnection of large loads,” including AI data centers.  DOE’s letter and attached Advanced Notice of Proposed Rulemaking (ANOPR), dated October 23, 2025, were issued pursuant to Section 403 of the Department of Energy Organization Act.  If implemented as directed by DOE, the new rule would expand FERC’s jurisdiction over interstate transmission to provide for expedited grid access for data centers and other advanced manufacturing facilities.  FERC received comments on the ANOPR through November 14, 2025, and is accepting reply comments through November 28, 2025.  DOE has directed FERC to issue a final rule by April 30, 2026.
  • Litigation Update—Trump Attacks on Wind Industry: On his first day in office, President Trump issued a memorandum titled “Temporary Withdrawal of All Areas on the Outer Continental Shelf from Offshore Wind Leasing and Review of the Federal Government’s Leasing and Permitting Practices for Wind Projects.”  The memo directs federal agencies to temporarily cease issuing new or renewed approvals, permits, or leases for onshore or offshore wind projects, pending a comprehensive review of federal wind-leasing and permitting practices, and directs the Secretary of Interior to review existing approvals, permits, and leases to identify legal bases for revocation.  The memo and the administration’s subsequent actions have spurred a litany of lawsuits.  In May 2025, the District of Columbia and 17 states filed suit challenging the administration’s authority to issue the memo (New York et al v. Trump, No. 1:25-cv-11221 (D. Mass.)); hearings were held this week in that suit.  Litigation also has ensued over several stop-work orders issued pursuant to the memo, including those related to the high-profile Revolution Wind project—a 704 MW project that would be the first multi-state offshore wind farm in the U.S.  In August 2025, the Department of Interior ordered Revolution Wind to stop work on construction (which was 80% complete) citing vague “national security concerns,” and both the developer and the States of Rhode Island and Connecticut filed suit (Revolution Wind, LLC v. Doug Burgum et al., No. 1:25-cv-02999 (D.D.C.); Rhode Island & Connecticut v. U.S. DOI, No. 1:25-cv-00439 (D.R.I.)).  In September 2025, the D.C. District Court in Revolution Wind issued a preliminary injunction that temporarily blocked the stop-work order, allowing construction to resume for now.  These lawsuits, among several others, are ongoing.
  • EPA Seeks to Dismantle “Solar for All,” Litigation Ensues: On August 7, 2025, the U.S. Environmental Protection Agency (EPA) terminated the $7 billion Solar for All program, a Biden-era fund established under the 2022 Inflation Reduction Act designed to help low-income households, multi-family buildings, community solar, and underserved communities deploy solar energy.  Announced on X (formerly Twitter) by EPA Administrator Lee Zeldin, the agency cited a lack of statutory authority to administer the program in light of the OBBBA.  In October 2025, four separate lawsuits were filed challenging the termination of Solar for All.  One of those suits—State of Arizona v. EPA—was filed by 22 states (including Colorado), the District of Columbia, and other stakeholders, and asserts violations of the Administrative Procedure Act and the Constitution, among other claims.  A detailed summary of congressional and administrative developments surrounding Solar for All and the litigation that has ensued can be found on the Columbia Law School Sabin Center’s Climate Law Blog.

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