Insights on Energy & Cleantech

Environmental Partner Mike Showalter will speak about the EPA’s shifting enforcement approach at a free webinar hosted by the Washington Legal Foundation on April 21, 2026.

In recent months, states across the country have shifted their approach to data center regulation. More than 300 data center-related bills have been introduced in 30 states’ legislatures in the first six weeks of 2026 alone, marking a decisive pivot from incentive-focused policies toward regulatory oversight as the energy demands of hyperscale facilities become clearer.

The federal government is reshaping the rules for how data centers obtain power. In the past four months, the White House, Federal Energy Regulatory Commission (FERC), and US Congress have each taken significant action on data center energy policy that will influence how facilities are sited, powered, and interconnected for years to come.

As in 2025, the first few months of 2026 have seen fashion and retail companies operating in an environment where legal developments increasingly shape day-to-day business decisions, and the same is expected to continue throughout the rest of the year.

ArentFox Schiff secured a significant victory for Equity Solar Illinois in a permitting dispute between the solar energy developer and Grundy County, Illinois, resulting in the state’s first appellate ruling that Illinois counties must issue siting permits to solar facilities that meet certain state standards.

Welcome to the March 2026 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.

Partner J. Michael Showalter, International Bar Association Environment, Health, and Safety Law Committee officer, was quoted on President Trump’s January memorandum removing the United States from 66 international organizations and instruments, including 31 entities tied to the United Nations.

A recent Michigan federal court decision emphasizes the need to review the separateness of corporate entities so that operational issues associated with one entity do not result in potential exposure for others.

A federal court’s recent ruling shields members of a national trade association from Oregon’s Extended Producer Responsibility (EPR) program pending trial, raising constitutional questions that could affect similar programs in other states.

ArentFox Schiff has released its latest annual report analyzing forced labor law developments and enforcement activity.

ArentFox Schiff is pleased to announce that five practice areas and 12 attorneys were recognized by Chambers Global 2026, including in the guide’s newly minted Global Market Leaders category.

While enforcement may have taken a backseat to other trade priorities in 2025, this year may be poised to bring a swift and aggressive return to form, particularly if the tariff landscape begins to stabilize.

ArentFox Schiff represented top national civil engineering firm, Vanasse Hangen Brustlin, Inc. (VHB), in the acquisition of Pennsylvania-based transportation engineering firm, Drive Engineering Corp.

On February 12, the US Environmental Protection Agency (EPA) announced the elimination of EPA’s 2009 Greenhouse Gas (GHG) Endangerment Finding and all subsequent federal GHG emission standards for vehicle model years 2012 and newer — a move that will dramatically limit federal government engagement on climate issues.

The popular perception that we are in a relaxed federal enforcement environment should not lull businesses into taking their foot off the gas on compliance activities.

2026 will be a pivotal year for US energy policy and markets. We predict it will be defined by pressure to deliver affordability and reliability amid accelerating load growth, contested jurisdiction between states and Washington, DC, continued investment in renewable energy generation (notwithstanding significant new headwinds), a renewed interest in fossil fuels of all types and nuclear generation, and a priority for an “all-of-the-above” build-out to power data centers and the broader economy.

Trump Administration efforts to quash state-driven climate action were recently dealt a setback when a Michigan federal court rejected a federal effort to quash state claims focused on the fossil fuel industry.

Illinois’ data center market is booming because of strong state incentives, but that growth is tightening power supplies and raising reliability and cost concerns.

Last week, the White House began its interagency review of the Environmental Protection Agency’s (EPA) final rule to rescind its 2009 Greenhouse Gas Endangerment Finding and related vehicle greenhouse gas (GHG) standards.

Over the past year, both the executive branch and the courts sought to pare back certain stringent aspects of National Environmental Policy Act (NEPA) reviews. However, a decision issued in December 2025 illustrates that agencies cannot defer conducting NEPA-required reviews until after project approval.

ArentFox Schiff is pleased to announce the election of 18 new partners, effective January 1, 2026.

On October 30, the Illinois General Assembly passed the Clean and Reliable Grid Affordability Act (CRGA). CRGA makes significant updates to Illinois’ current statewide siting and zoning framework for renewable energy projects and creates a statewide standard for energy storage projects.

At the end of October, the Illinois legislature passed the Clean and Reliable Grid Affordability Act (CRGA), an omnibus energy bill creating various incentives for renewable energy and storage projects, modifying the project siting process, and creating a new siting process for energy storage systems.

On October 30, the Illinois General Assembly passed the Clean and Reliable Grid Affordability Act (CRGA), an omnibus energy bill creating incentives for energy storage projects.

Government Relations Partner Elizabeth Horner will participate in a webinar about the impact of the National Environmental Policy Act (NEPA) on clean energy deployment in the US on November 10, 2025.