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Fusion Energy: Powering the Future

By Brian Potts & John Myer on December 30, 2025
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Fusion energy, the same process that powers our sun and stars, is rapidly moving from scientific theory to commercial reality. In a fusion reaction, two light atoms—typically deuterium and tritium—combine to form a helium nucleus and a neutron, releasing an immense amount of energy. This energy, primarily in the form of heat, can be harnessed to generate electricity, offering a tantalizing promise: clean, limitless power for the world.

Two Paths to Fusion

There are two main approaches to achieving fusion on Earth: inertial confinement fusion (ICF) and magnetic confinement fusion (MCF).

  • ICF uses powerful lasers to heat fuel pellets in short, explosive bursts. A major milestone was reached in 2022 at the National Ignition Facility at Lawrence Livermore National Laboratory, where scientists demonstrated fusion ignition and net energy gain.
  • MCF relies on sustaining an extremely hot plasma—over 100 million degrees Fahrenheit—using strong magnetic fields. Recent breakthroughs, such as MIT’s and Tokamak Energy’s high-temperature superconducting electromagnets, have made net energy gain possible and prompted significant private investment. The remaining challenges are now largely engineering and materials science.

Why Fusion? Why Now?

Fusion’s appeal is clear: it promises virtually limitless energy, minimal waste, and a safe, abundant fuel source. One kilogram of fusion fuel can produce as much energy as 10 million kilograms of carbon-based fuel. Fusion offers reliable, continuous power to the grid, with minimal environmental impact.

Recent technological breakthroughs and a surge in public and private investment have accelerated progress. Energy security and national interests are driving regulatory and policy alignment. Artificial intelligence and machine learning are helping resolve engineering and materials challenges faster than ever.

Fusion in Our Backyard

Wisconsin is playing a significant role in this energy revolution. The University of Wisconsin–Madison has a long history with fusion research, and three venture-backed fusion companies have emerged from its labs. The state is also home to the Wisconsin Fusion Mixer, a hub for industry collaboration.

Elsewhere, Denver, Colorado is experiencing growth, including major investment in Xcimer Energy. Meanwhile, Colorado State University is one of three laser fusion hubs in the country, highlighting the national scope of fusion innovation.

Legal, Regulatory, and Market Challenges

In 2023, the U.S. Nuclear Regulatory Commission (NRC) decided to regulate fusion under a more flexible framework, similar to particle accelerators rather than fission reactors. This reduces some compliance burdens, but state and local regulations still vary.

Licensing and safety requirements are evolving, and market entry involves navigating federal and state approvals, export controls, and international collaboration restrictions.

Permitting and siting considerations include building on existing sites, securing environmental permits, and ensuring interconnection with regional transmission organizations. Manufacturing of critical components, such as magnets, needs to be local, and national security concerns—such as export controls, cybersecurity, and military applications—must be addressed.

The Road Ahead

Fusion energy is no longer just a scientific dream—it is a rapidly approaching reality. With continued investment, collaboration, and regulatory support, the first fusion plants will almost certainly soon be delivering clean, reliable power to the grid, transforming the energy landscape for generations to come.

Photo of Brian Potts Brian Potts

Brian primarily focuses his practice on complex commercial litigation matters, representing clients in a wide variety of business disputes, from bank fraud to energy and environmental litigation to breach of contract to First Amendment cases.

Read more about Brian Potts
Photo of John Myer John Myer

Formerly general counsel and corporate secretary at the U.S. Department of Energy’s Fermi National Accelerator Laboratory (Fermilab), John is uniquely positioned to help clients drive deep tech innovation, including in AI, quantum, and fusion energy.

Read more about John Myer
  • Posted in:
    Energy, Food, Drug & Agriculture
  • Blog:
    Climate Solutions Legal Digest
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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