The California legislature continues to press forward with the implementation of two of the state's sweeping climate disclosure laws after a proposal to delay the implementation dates by the governor failed to be considered...more
In Ohio et al. v. U.S. EPA, on April 9, 2024, the United States Court of Appeals for the D.C. Circuit upheld a decision by the U.S. Environmental Protection Agency ("EPA") to allow California's 2013 greenhouse gas emissions...more
6/18/2024
/ Automotive Industry ,
Clean Air Act ,
Climate Change ,
Congressional Authority ,
Constitutional Challenges ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Motor Vehicles ,
National Emissions Standards ,
National Highway Safety Administration ,
Zero-Emission Vehicles
On April 25, 2024, the Environmental Protection Agency ("EPA") finalized four rules to regulate pollution from fossil fuel-fired power plants. EPA's stated goal was to provide a framework on which power plants can rely for...more
The U.S. Environmental Protection Agency ("EPA") finalized the strictest-ever emission standards for heavy-duty vehicles. On March 29, 2024, EPA announced new emission standards for heavy-duty vehicles for model years 2027...more
Business groups in California challenge the constitutionality of new climate reporting laws. ...more
In Short -
The Situation: The California legislature passed landmark climate bills that surpass emissions disclosure requirements of any other existing state law. The bills are branded as the nation's first comprehensive...more
9/28/2023
/ California ,
CARB ,
Climate Action Plan ,
Climate Change ,
Disclosure Requirements ,
Doing Business ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Legislative Agendas ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Sustainability
On April 27, 2023, the California Air Resources Board ("CARB") approved a first-in-the-nation regulation that limits the emission of greenhouse gases, criteria pollutants, and toxic air contaminants from locomotives in the...more
8/18/2023
/ CARB ,
Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Environmental Policies ,
Greenhouse Gas Emissions ,
ICCTA ,
Railroads ,
Railways ,
Trains ,
Zero Emission Credits
The Environmental Protection Agency ("EPA") is proposing stringent carbon dioxide emissions standards for coal- and gas-fired power plants....more
On September 16, 2022, California Governor Gavin Newsom signed a broad legislative package into law that aims to aggressively address climate change. The material aspects of each of these new measures is discussed below....more
The delegated regulation includes a new comprehensive and unified reporting methodology to direct investments toward environmentally sustainable economic activities....more
3/1/2022
/ Climate Action Plan ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
EU ,
Greenhouse Gas Emissions ,
Investment ,
Investor State Dispute Settlement (ISDS) ,
Net Zero ,
Real Estate Development ,
Regulatory Reform ,
Taxonomy
On December 30, 2021, the U.S. Environmental Protection Agency ("EPA") published a final rule (the "Final Rule") setting revised greenhouse gas emissions standards for passenger cars and light-duty trucks with model years...more
2/28/2022
/ Automotive Industry ,
Biden Administration ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Fuel Efficiency ,
Greenhouse Gas Emissions ,
Infrastructure ,
Motor Vehicles ,
National Emissions Standards ,
Regulatory Reform ,
Regulatory Requirements
The California Air Resources Board ("CARB") is conducting public workshops during the fall of 2021 as part of its planning for the next Climate Change Scoping Plan, which will lay out strategies for achieving California's...more
11/5/2021
/ Air Pollution ,
California Air Resources Board ,
Carbon Capture and Sequestration ,
Climate Change ,
Comment Period ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Manufacturing Facilities ,
Natural Resources ,
Oil & Gas ,
Pollution Control ,
Regulatory Agenda ,
Regulatory Reform
On September 23, 2020, California Governor Gavin Newsom issued Executive Order N-79-20 (the "Order"), setting new statewide goals for phasing out gasoline-powered cars and trucks in California. Under the Order, 100% of...more
On June 26 and 29, 2020, the petitioners in Union of Concerned Scientists v. NHTSA, Case No. 19-1230 (D.C. Cir.), filed briefs with the U.S. Court of Appeals for the District of Columbia Circuit, arguing against the first...more
8/6/2020
/ Air Quality Standards ,
Automotive Industry ,
Clean Air Act ,
Climate Change ,
Energy Policy and Conservation Act (EPCA) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
NHTSA ,
Petition for Review ,
Preemption ,
Public Health ,
Zero-Emission Vehicles
The Situation: Proposed resolutions in Congress and an injunction request in a Ninth Circuit case both seek significant reductions in fossil fuel use throughout the economy.
The Result: In the near term, it is easy to...more
3/15/2019
/ Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Energy Policy ,
Environmental Policies ,
Fossil Fuel ,
Green New Deal ,
Greenhouse Gas Emissions ,
Legislative Agendas ,
Oil & Gas ,
Proposed Legislation ,
Public Trust Doctrine
US. REGULATORY AND LITIGATION DEVELOPMENTS -
EPA PROPOSES TO RESCIND CLEAN POWER PLAN -
What EPA Did -
In a decision expected and promised since the election of President Donald Trump, the United States...more
11/27/2017
/ Air Pollution ,
Carbon Emissions ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Company Vehicles ,
Electric Vehicles ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Fracking ,
France ,
Global Warming ,
Greenhouse Gas Emissions ,
Investors ,
Land-Use Permits ,
Netherlands ,
Nonprofits ,
Oil & Gas ,
Paris Agreement ,
Popular ,
Renewable Energy ,
Rescission ,
Stakeholder Engagement ,
Sustainable Business Practices
On April 6, 2017, the California Court of Appeal, in a 2–1 decision, upheld the sale of greenhouse gas ("GHG") emission allowances in California's cap-and-trade program. California Chamber of Commerce v. State Air Resources...more