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NEPA: The Old Becomes New

The regulations that implement the National Environmental Policy Act (NEPA) are crucially important for the development of major energy and infrastructure projects in the United States. For example, the NEPA regulations will...more

Bureau of Ocean Energy Management Propels the U.S. Offshore Wind Industry

The flurry of offshore wind activity off the U.S. Eastern Seaboard continues, as the Bureau of Ocean Energy Management (BOEM) has announced recently it will hold an auction on 23 February 2022, to lease six new areas for...more

EPA and States Get Busy on PFAS Waste Regulation

The Biden administration has prioritized regulating Per- and Polyfluoroalkyl Substances (PFAS), which are a class of fluorinated chemicals used in products as varied as food packaging and fire-fighting foams because they are...more

Carbon Quarterly – Volume 5

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

EPA and Corps Release Updated Definition of Waters of the United States

On 18 November 2021, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the "Corps") (together, the Agencies) released the pre-publication version of the proposed rule redefining the scope of...more

Crying Fowl: The Biden Administration Set to Unwind Trump MBTA Rule

On 29 September 2021, the U.S. Department of Interior (Interior) announced a series of actions to unwind a Trump-era rule in an effort to “to ensure that the Migratory Bird Treaty Act (MBTA) conserves birds today and into the...more

Back to the Drawing Board on WOTUS: Federal Court Vacates Trump Administration's Navigable Waters Protection Rule

On 30 August 2021, Judge Rosemary Márquez, a federal district judge in the District of Arizona, ordered the remand and vacatur of the Trump administration’s Navigable Waters Protection Rule (NWPR) defining “waters of the...more

Carbon Quarterly – Volume 4

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Shipping Emissions Remain a Focus of Reintroduced House Bill

In honor of World Oceans Day, House Natural Resources Committee Chair Raúl Grijalva (D-AZ) reintroduced legislation aimed at addressing the ocean impacts of climate change and reforming federal ocean management to better...more

D.C. Circuit Affirms That Offshore Wind Lease Does Not Trigger NEPA Review

The Bureau of Ocean Energy Management (BOEM) does not need to conduct full environmental reviews under the National Environmental Policy Act (NEPA) when granting an offshore wind farm lease, the D.C. Circuit Court of Appeals...more

Carbon Quarterly – Volume 3

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

The Hydrogen Handbook - United States

Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive...more

Washington Department of Ecology Preparing New Rule to Assess Greenhouse Gas Emissions

This April, the Washington State Department of Ecology (Ecology) is expected to release a draft of its new rule titled Greenhouse Gas Assessment for Projects (GAP Rule). The GAP Rule could have major impacts on local...more

Carbon Quarterly - Volume 2

The Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency...more

California Bill Seeks Additional Greenhouse Gas Disclosures from Major Public Corporations

State Senator Scott Weiner recently introduced the Climate Corporation Accountability Act (SB 260 or the Bill) on the California Senate floor. If enacted, SB 260 would create mandatory reporting of greenhouse gas (GHG)...more

Clean Water Act Permits for Discharges to Groundwater: EPA Issues Guidance on County of Maui v. Hawaii Wildlife Fund

On 14 January 2021, the U.S. Environmental Protection Agency (EPA) issued a guidance memorandum on the application of the U.S. Supreme Court’s 23 April 2020 decision in County of Maui v. Hawaii Wildlife Fund (Maui)....more

In Search of Cooler Waters: Implementing EPA's Temperature Limits on the Columbia and Lower Snake Rivers

The Washington State Department of Ecology (Ecology) is hosting an informal meeting on January 28, 2021 to discuss implementing the U.S. Environmental Protection Agency’s (EPA) new total maximum daily load (TMDL) for...more

To Kill a Mocking Bird - Trump Administration Finalizes Rule Narrowing Migratory Bird Treaty Act

On 7 January 2021, the Trump administration finalized a new rule that limits the scope of the Migratory Bird Treaty Act (MBTA or the Act). Under the new rule (which President Biden has already directed the Department of the...more

Climate Policy in the End-of-Year Legislative Package

Late Sunday, President Trump signed into law H.R. 133, the legislative package containing Coronavirus relief, the Fiscal Year 2021 Omnibus bill, and the Energy Act of 2020—the largest energy package to be enacted into law in...more

NMFS Demands More Mitigation for Nearshore Projects in the Puget Sound Region

In November, the National Marine Fisheries Service (NMFS or the Service) issued a final jeopardy opinion for 39 nearshore development projects in the Puget Sound region that had been under consultation with the U.S. Army...more

Water Resource Considerations for the Hydrogen Economy

Earlier in 2020, K&L Gates released “The H2 Handbook: Legal, Regulatory, Policy, and Commercial Issues Impacting the Future of Hydrogen.” There, the firm detailed governmental and commercial issues related to molecular...more

Contemplating the Future of the Lower Snake River Dams

For the first time in a decades-long dispute over the future of the lower Snake River dams (LSRD), federal agencies have analyzed the potential effects of breaching and removing the dams to support recovery of threatened and...more

Carbon Quarterly - Volume 1

The Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation worth paying attention to. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon...more

Growing Opportunities in the Carbon Field for Agriculture and Forestry

Environmental sustainability and carbon management are increasingly part of the lexicon in corporate boardrooms around the world. Private industries around the globe are investing in voluntary efforts to manage their carbon...more

EPA Expands NPL List - Is Your Company a Potentially Responsible Party?

On 1 September 2020, the United States Environmental Protection Agency (EPA) announced the addition of six sites to the Superfund National Priorities List (NPL). EPA has determined that releases of contamination at these...more

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