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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 March 9, 2026, the California Court of Appeal handed down a decision in favor of the California Public Utilities Commission’s (CPUC) Net Billing Tariff, which was adopted in 2022 as a successor to the then-current Net Energy Metering (NEM) 2.0 tariff. The Net Billing Tariff reduced compensation for exported energy due to concerns that…

As data centers and other large load customers seek to connect to California’s power grid, the California Public Utilities Commission (Commission) is rethinking how—and when—those customers should be refunded for costly transmission infrastructure upgrades.

Historically, distribution-level interconnection customers paid up front and received swift refunds under PG&E’s Base Annual Revenue Calculation (BARC) methodology. But the…

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…

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…

By Ariel Stavitsky, Emily Schimelpfenig, and Sudha Basu[1]

For nearly a decade, tension has grown in Oregon between the desire for agricultural and wildlife conservation and the desire for renewable energy development. In 2023, the Oregon Legislature passed House Bill 3409, directing the Land Conservation and Development Commission (LCDC), the body that administers the…

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…

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…

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…