On February 19, 2026, the Federal Energy Regulatory Commission (FERC) issued an order in Branch Street Solar Partners, LLC, addressing a rehearing and clarification request filed by several solar qualifying facilities (QFs) whose owners had failed to timely recertify their facilities after changes in ownership. In relevant part, the QF owners argued that their
Energy Policy
CAISO Proposes Key Refinements to Interconnection Processes Ahead of Cluster 16
By Seth Hilton & Meghan O’Brien on
On October 13, 2025, the California Independent System Operator (CAISO) released its Draft Final Proposal for Interconnection Process Enhancements (IPE) 5.0—continuing its multi-year effort to modernize and streamline the interconnection process for new energy resources. The proposed reforms build on lessons learned from Cluster 15, previous IPE tracks, and stakeholder feedback.
Highlights of CAISO’s…
California Legislature Approves Pathways Bill Moving Western Regionalization Forward
By Eden Fauré, Meghan O’Brien & Seth Hilton on
Posted in California, Energy Policy
Update: Governor Newsom signed the Pathways Bill into law on September 19, 2025.
On September 13, 2025, Assembly Bill (AB) 825, titled the Independent System Operator: Independent Regional Organization Act, passed the California state Senate on a 34-0 vote, and a 74-1 approval in the Assembly.[1] The bill now heads to the Governor’s…
D.C. Circuit Affirms FERC’s Definition of “Power Production Capacity” in Broadview Solar
By Jessica Bayles, Jason Johns & Sam Wong on
December 9, 2025 Update: Following the D.C. Circuit’s September ruling, parties opted not to seek panel rehearing or en banc review. The deadline to petition the U.S. Supreme Court for certiorari expired on December 8, 2025, without any petitions for cert filed, thereby ending the potential for appeals of the decision.
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On September 9…
Klickitat County, Washington Proposes New Ordinance Severely Restricting Solar and Battery Energy Storage System (BESS) Development
By Ariel Stavitsky & Tim McMahan on
Posted in Regulation, Solar
Klickitat County, Washington has proposed a new land use ordinance that, if passed, would impose sweeping restrictions on nearly all solar and battery energy storage system (BESS) development in the county. The ordinance, currently under review by the Planning Commission and Board of Commissioners, would apply to all utility-scale solar and BESS projects, including both…
CPUC Opens Rulemaking to Modernize Rule 21 Interconnection Procedures
By Meghan O’Brien & Seth Hilton on
Posted in California, Energy Policy
The California Public Utilities Commission (CPUC or Commission) has launched a new rulemaking to update Electric Tariff Rule 21 (Rule 21). This proceeding was initiated through an Order Instituting Rulemaking (OIR) adopted at the August 14, 2025 CPUC voting meeting, and seeks to modernize interconnection procedures in response to the rapid evolution of Distributed Energy…
The California Supreme Court Addresses Standard of Review Applicable to California Public Utility Commission Decisions
By Elisa Rivas & Seth Hilton on
Posted in California, Energy Policy
Background
On August 7, 2025, the California Supreme Court issued its decision in Center for Biological Diversity, Inc. v. Public Utilities Commission (Cal., Aug. 7, 2025, No. S283614), 2025 WL 2253765 (Center for Biological Diversity). The case centers around the Net Energy Metering program, updated by the California Public Utilities Commission (CPUC) in…
U.S. Department of Interior Directs U.S. Fish and Wildlife Service to Audit Eagle Permitting Program, Signals Potential for Increased Enforcement for Wind Energy Projects
By Sarah Stauffer Curtiss & Per Ramfjord on
On August 4, 2025, U.S. Department of Interior Deputy Chief of Staff-Policy Gregory Wischer issued a memorandum directing the U.S. Fish and Wildlife Service to take multiple actions related to the Service’s eagle permitting program under the Bald and Golden Eagle Protection Act (BGEPA). The memo, which was posted to X by Interior Secretary Doug…
Oregon EFSC Proposes Rule Changes to Energy Facility Site Certificate Amendment Process
This post was co-authored by Stoel Rives summer associate Jayden M. Dirk.
Last month, the Oregon Energy Facility Siting Council (EFSC) proposed changes to its rules on site certificate amendments in OAR 345 Division 27. These rules govern the process by which the Oregon Department of Energy (ODOE) and EFSC review requests for energy facility site…
U.S. Fish and Wildlife Service and National Marine Fisheries Service Propose to Rescind the Regulatory Definition of “Harm” Under Endangered Species Act
By Joe Matteo & Sarah Stauffer Curtiss on
On April 17, 2025, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively the “Services”) published a notice in the Federal Register of a proposed rulemaking that would rescind the regulatory definition of “harm” under the Endangered Species Act (“ESA”). The ESA prohibits “take” of threatened and endangered species.