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A recent Oregon Land Use Board of Appeals (LUBA) decision could significantly affect the siting of standalone battery energy storage systems (BESS) on exclusive farm use (EFU) land. In Remington BESS, LLC v. Marion County, LUBA reversed Marion County’s denial of a proposed 199 MW BESS project and provided important guidance on how Oregon…

Background

On August 13, 2026, Commissioner Darcie L. Houck issued a proposed decision (“PD”) in Rulemaking 22-02-002 that would revise two policies central to how the California Public Utilities Commission (“CPUC” or “Commission”) engages with California Native American Tribes (“Tribes”): the Tribal Consultation Policy, first adopted in 2018, and the Tribal Land Transfer Policy (“TLTP”), adopted…

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…

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…

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.

The Oregon Energy Facility Siting Council (EFSC) recently finalized rules clarifying its contested case procedures for energy project siting. These updates aim to improve clarity, align procedures with broader administrative rules, and address participation criteria for stakeholders. A contested case hearing resembles an administrative trial and is a culminating step in EFSC’s certification process.…

UPDATE 10/30/2024 An update to this post is available here.
The Oregon Energy Facility Siting Council recently finalized rule changes clarifying contested case procedures for large-scale energy project approvals. Key updates include more specific requirements for public participation—such as detailing objections in comments and petitions—and expanding opportunities for issue-raising in contested cases. Additionally, the…

The California Public Utilities Commission (CPUC or Commission) is weighing party comments on implementation of Assembly Bill (AB) 2143.  Enacted last year, AB 2143 will take effect on January 1, 2024.  This bill extends existing prevailing wage requirements for public works to the construction of any renewable electrical generation facility, and any associated battery storage…

On February 20, 2020, the Commodity Futures Trading Commission (CFTC)  unanimously approved a proposed rule that would revise certain reporting requirements for financially-settled offtake contracts that qualify as “swaps” under the Commodity Exchange Act (as amended by the Dodd-Frank Act), such as proxy revenue swaps, fixed-volume price swaps and certain virtual PPAs.  Many counterparties to…

In a move that was widely anticipated across the energy industry, the Federal Energy Regulatory Commission (FERC) today issued an order that terminated a notice of proposed rulemaking that had been initiated in October 2017 in response to a demand by Energy Secretary Rick Perry that FERC enact rules to compensate certain resources for what…