United States: Energy Law

In life, only three things are certain: death, taxes and ever-changing administration of the federal Clean Water Act (CWA). In the following pages, we provide an overview of actions taken under President Trump’s second administration since our last WOTUS update and describe what project proponents might expect in the coming months and years.

In 2012, California was the first state to recognize in statute a human right to water. As set forth in Section 106.3 of the California Water Code, it is the “established policy of the state that every human being has the right to safe, clean, affordable and accessible water adequate for human consumption, cooking and sanitary purposes.”

Our Legislative & Public Policy team is pleased to provide the June 2026 edition of Capital Snapshot, which includes a monthly summary of the issues, events, and timelines driving federal policy and political decisions. This month’s edition of the Capital Snapshot contains a review of the landscape of the 119th Congress, including upcoming congressional schedules and key dates, and recently announced retirements, resignations, vacancies, and special elections

NGP Energy Capital Management is raising $2.5 billion for its new fund targeting oil-and-gas investments, as capital flows back to proven energy managers. Industry experts suggest that war-driven disruptions to energy markets are reinforcing the investment thesis around domestic energy infrastructure, with investors favoring disciplined approaches over strategies dependent on commodity price fluctuations.

California's Independent System Operator has approved an ambitious 2025-2026 transmission plan to accommodate 45 GW of new solar capacity, while the state grapples with competing priorities between renewable energy expansion and environmental preservation. Major developments include Fervo Energy's successful $1.89 billion IPO for enhanced geothermal systems and significant battery storage projects coming online across the region.

As the commercial real estate (CRE) lending market adjusts to tighter credit conditions, Commercial Property Assessed Clean Energy, commonly known as “C-PACE,” has emerged as an increasingly prevalent component of the CRE capital stack. Cumulative originations reached a record ~$13 billion in 2025, and 40 states now have active programs.

On Monday, the Supreme Court rejected a plea to decide a critical question regarding the Price-Anderson Act (the PAA), the federal statute that governs suits stemming from public radiation exposure from nuclear facilities. Last year, in Mazzocchio v. Cotter Corp. the Eighth Circuit held that plaintiffs in nuclear public liability suits may rely on state-law tort standards of care rather than upon the federal nuclear-safety regulations that five other courts of appeal have held provide the exclusive standard of care in such cases.

Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken.

Duane Morris Takeaway: This week’s episode features Duane Morris partners Jerry Maatman and Brad Thompson with their discussion of Duane Morris’ Energy, Oil, & Gas Class Action Review...