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.

———–

On September 9…

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…

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…

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…

On July 15, 2025, the Department of Interior (DOI) issued a memorandum titled, “Departmental Review Procedures for Decisions, Actions, Consultations, and other Undertakings Related to Wind and Solar Energy Facilities” (the Memo). The Memo directs federal agencies within DOI to elevate a nonexclusive list of 69 categories of routine permitting activities related to…

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.

Overview

On December 13, 2024, PJM Interconnection, L.L.C. (“PJM”), filed with the Federal Energy Regulatory Commission (“Commission”) a modification to Part VII of its Open Access Transmission Tariff (“Tariff”), adding provisions to enable a one-time reliability-based expansion of the eligibility criteria for Transition Cycle #2 to allow a limited number of additional resources to enter…