US federal foreign investment review does not guarantee access to the Texas grid—Texas is free to add its own foreign ownership restrictions beyond those applied at the federal level. On October 16, 2026, the US Court of Appeals for the Fifth Circuit affirmed a district court’s dismissal of a developer’s challenge to the denial of its request to interconnect a solar energy project to the Electric Reliability Council of Texas (ERCOT) grid. The court found that the Committee on Foreign Investment in the United States (CFIUS)—the interagency committee that screens foreign-facing financial transactions for national security and strategic risks—does not preempt the Lone Star Infrastructure Protection Act of 2021 (LSIPA).
Power & Pipes
FERC, CFTC, and State Energy Law Developments
The Pennsylvania General Assembly on April 23, 2025 introduced a suite of legislation to implement Governor Josh Shapiro’s six-part “Lightening Plan” to secure the commonwealth’s energy future. A key element of the Lightening Plan is establishing a new Reliable Electric Energy Siting and Electric Transition (RESET) Board to streamline energy infrastructure permitting. Pennsylvania is currently one of only a handful of states that does not have a central siting authority. Such authorities can ensure that large-scale energy generation projects are constructed to meet the surging electric demands of residents, businesses, and data centers.
CERAWeek
In our final dispatch from the CERAWeek conference by S&P Global, Felipe Alice shared some insights and key takeaways from a luncheon and dialogue session featuring tech entrepreneur, investor, and philanthropist Bill Gates.
The US Court of Appeals for the Ninth Circuit dismissed a class action lawsuit claiming a California utility was liable for blackouts that were allegedly caused by inadequate electric system maintenance.