Our previous post[1] covered the introduction of A.B. 303 (Addis), the “Battery Energy Safety and Accountability Act”, following a catastrophic fire at one of the world’s largest battery energy storage facilities located in Moss Landing, California, starting on January 16, 2025. As we explained, that bill, proposed as an urgency statute, would significantly curtail the authority of both local agencies and the California Energy Commission (CEC) to site new energy storage facilities and would likely result in significant adverse consequences for meeting California’s clean energy goals.Continue Reading California Leaders Move to Support Energy Storage

On February 1, 2025, President Trump issued three executive orders imposing tariffs on nearly all imports from Canada[1], Mexico,[2] and China.[3] However, on February 3, the President said on social media that the tariffs on Canada and Mexico will be suspended for one month while the countries discuss potential agreements to reduce or rescind the tariff imposition.[4] A subsequent federal register notice provides details of the China tariffs.[5]Continue Reading The First Wave: U.S. Imposes Tariffs on Canada (or not?), Mexico (or not?), and China (well, yeah, probably so)

A week after a large-scale fire at the Moss Landing Power Plant in Monterey County,[1] California Assemblymember Dawn Addis (D-Morro Bay) introduced Assembly Bill (AB) 303. If passed, AB 303 – also referred to as the Battery Energy Safety & Accountability Act – will impact the development of large-scale battery energy storage system (BESS) projects in California. Intended to “improve safety standards and restore local oversight for BESS facilities in California,”[2] AB 303 will, among other things, limit approval authority to local governmental agencies, require local engagement in the permitting process, and establish mandatory buffer zones between BESS projects and “sensitive receptors.”Continue Reading Understanding AB 303: Potential Impacts for California BESS Project Development

Tariffs remain the focus of the incoming Trump Administration. Over the past several months, the announcements from president-elect Trump and his transition team have been dynamic. We expect the Trump trade policy team to use creative methods to deliver aggressive new tariff policies this year.Continue Reading Trump Tariffs Survival Guide: 10 Strategies for U.S. Importers

As New York’s fifth Offshore Wind Renewable Energy Certificate (OREC) solicitation enters its final stages, the New York State Energy Research and Development Authority (“NYSERDA”) issued a Request for Information (“RFI”) on December 18, 2024, to solicit feedback concerning its next solicitation, which has been dubbed “NY6”.Continue Reading NYSERDA Issues Request for Information in Preparation for Sixth OREC Solicitation with Transmission Issues in the Forefront

Despite the uncertainty surrounding the immediate future of the U.S. offshore wind industry after the re-election of Donald Trump, industry participants including the Bureau of Ocean Energy Management (“BOEM”) are cautiously moving forward with development activities.Continue Reading BOEM Announces Comment Period on California Offshore Wind Programmatic Environmental Impact Statement

The offshore wind space in the U.S. is set for a period of uncertainty following the re-election of Donald J. Trump on November 5th. While there is still a lack of clarity around his future plans and potential outcomes, Trump’s rhetoric on the campaign trail and, importantly, actions undertaken during his previous administration, suggest that development in the space could be headed for a slowdown due to executive action, instability due to the threat of such action, or both.Continue Reading Offshore Wind in the Second Trump Administration

On October 29, the Bureau of Ocean Energy Management (BOEM) held an auction for offshore wind areas in the Gulf of Maine. Although BOEM leased an offshore wind area in the Gulf of Maine for a research installation last August, the October auction was the first commercial offshore wind lease sale in the region. Of eight available areas, four were bid on and awarded. The areas in the Gulf of Maine are expected to require floating technology, a first for the east coast.Continue Reading First Commercial Offshore Wind Lease Sale in the Gulf of Maine Completed

On August 14, the Bureau of Ocean Energy Management (BOEM) held an auction for two offshore wind areas in the Central Atlantic off the coasts of Delaware, Maryland and Virginia. While seventeen companies were qualified to bid on the areas in the Final Sale Notice, only six companies made bids during the auction, continuing a recent trend of considerably fewer bidders than qualified entities in offshore auctions. After seven rounds of bidding, both areas were awarded for a total of $92.6M.Continue Reading Central Atlantic Auction – Key Takeaways and Next Steps