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Carbon Markets Roundup - November 2024

Overview - Beveridge & Diamond’s Carbon Markets Roundup covers domestic and international issues of note in mandatory and voluntary markets, as well as related regulatory programs aimed to reduce greenhouse gas (GHG)...more

Voluntary Carbon Markets: U.S. Increases Focus on Ensuring Market Integrity

In May 2024, the White House announced a Joint Policy Statement and Principles (Statement ) on voluntary carbon markets (VCMs) in conjunction with the U.S. Department of Energy, the U.S. Department of the Treasury, and the...more

Carbon Sequestration in Texas: EPA Region 6 Issues Draft Permits for Proposed Geologic Sequestration of Carbon Dioxide in Texas

The U.S. Environmental Protection Agency (EPA) Region 6 recently issued the first draft Class VI permits in Texas under the Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) program. These draft permits would...more

California to Require Climate Disclosures from Large Companies (Updated)

Update: In August 2024, the California Legislature passed SB 219. This bill makes minor but important amendments to SB 253 and SB 261. Notably, SB 219 provides CARB with additional flexibility on the timing of Scope 3...more

Mitigating “Greenwashing” Litigation Risk in the U.S. and Beyond

Companies should take note – there is increased global scrutiny around environmental or green marketing, or so-called “greenwashing,” claims. These claims stem from alleged wrongdoing in companies’ marketing representations...more

EU Cracks Down on Environmental Claims (Updated)

Update: On February 20, the Empowering Consumers for the Green Transition Directive (the “Directive”) received final approval from the European Council and was published in the Official Journal of the EU on March 6, 2024. The...more

Changing Climate for Corporate Disclosures: SEC Mandates Climate Disclosures for Public Companies

On March 6, the U.S. Securities and Exchange Commission (SEC) voted (3-2) to adopt final rules entitled, The Enhancement and Standardization of Climate-Related Disclosures for Investors (the “Final Climate Rules”). The Final...more

EU Cracks Down on Environmental Claims

Key Takeaways - On January 17, the European Parliament approved the Empowering Consumers for the Green Transition Directive (the “Directive”), aimed to improve environmental marketing practices and ban the use of...more

Pacific Northwest Climate Law Update: Recent Developments Cloud the Future of Oregon and Washington Climate Programs

Two developments toward the end of 2023 have clouded the future of climate policy in the Pacific Northwest. First, on November 21, 2023, opponents of Washington’s Climate Commitment Act (CCA) submitted more than 400,000...more

California Requires Disclosures for Voluntary Carbon Offsets and Climate-Related Claims Beginning in 2024

In addition to signing two significant new laws requiring large companies doing business in California to disclose their greenhouse gas emissions (GHG), Governor Newsom on October 7 signed AB 1305, which creates new...more

California to Require Climate Disclosures from Large Companies

The California Legislature recently passed two new laws that impose significant climate-related disclosure obligations on many businesses. The passage of SB 261 and SB 253 are the latest steps in a growing trend to mandate...more

Ecology to Consider Expanding Carbon Offsets Available Under Washington State’s “Cap-and-Invest” Program

On September 12, 2023, the Washington Department of Ecology (Ecology) launched a new rulemaking addressing the use of carbon offsets to comply with greenhouse gas (GHG) emissions limits under Washington’s Climate Commitment...more

EU Parliament Approves Carbon Border Adjustment Mechanism

The European Parliament voted in favor of implementing the Carbon Border Adjustment Mechanism (CBAM) after reaching a provisional agreement on the CBAM in December 2022. Several countries and the European Union (EU) have long...more

Congress Passes and Funds Support for Nature-Based Greenhouse Gas Reductions

For several years, Congress has considered legislation to support nature-based greenhouse gas (GHG) reductions in the agriculture and forestry sectors. That legislative vision recently became law through the Consolidated...more

FTC Invites Comments on “Green Guides” Refresh

Advertising claims about the environmental attributes of a product continue to become more important, and the Federal Trade Commission (FTC) is seeking to change how it regulates advertising. The FTC is seeking comment on a...more

EU Reaches Provisional Agreement on Carbon Border Adjustment Mechanism

Both the European Union (EU) and the U.S. have recently taken steps toward implementing some form of a carbon border adjustment mechanism (CBAM). Several countries and the EU have long considered enacting legislation that...more

Net-Zero by 2050? Massachusetts Passes New Climate & Clean Energy Bill

On August 11, 2022, Massachusetts Governor Charlie Baker signed a significant new climate bill, “An Act driving clean energy and offshore wind” into law. This new law enacts several new climate change measures, including...more

Inflation Reduction Act Signed Into Law, Committing $370 Billion to Action on Climate and Energy

On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA) into law. The IRA includes a host of programs aimed at addressing climate change and energy production. These include, for example, major new or...more

U.S. Senate Passes the Inflation Reduction Act, Committing $370 Billion to Action on Climate and Energy

After months of intense, and at times acrimonious, negotiations among the Democratic caucus, the United States Senate on August 7, 2022, passed the Inflation Reduction Act (IRA). The IRA includes a host of programs aimed at...more

Key Takeaways from U.S. Supreme Court Decision in West Virginia v. EPA

On June 30, 2022, the U.S. Supreme Court issued its decision in West Virginia v. EPA, 597 U.S. __, 2022 WL 2347278 (June 30, 2022), a case involving the Obama Administration’s Clean Power Plan (CPP) and the Trump...more

Regulators Ramp Up Scrutiny of ESG Funds

The environmental, social, and governance (ESG) oversight train continues to gain momentum with recent efforts aimed at “greenwashing” in investment funds. Several actions reflect a confluence of global efforts to ensure that...more

Washington State’s Economy-Wide Climate Plan Takes Shape: Ecology Seeks Comment on Proposed Climate Commitment Act Program Rule

The Washington Department of Ecology (Ecology) has proposed new rules to implement an economy-wide “cap-and-invest” program in Washington State. With comments due on June 30, 2022, these rules have the potential to impact...more

Massachusetts SMART Program Expands Eligibility for Solar Units on Agricultural Land

On April 12, 2022, the Massachusetts Department of Energy Resources (DOER) finalized changes to the Guideline Regarding the Definition of Agricultural Solar Tariff Generation Units for the Solar Massachusetts Renewable Target...more

SEC Issues Proposed Rules on Climate-Related Disclosures

On March 21, 2022, the Securities and Exchange Commission (SEC) voted (in a 3:1 decision) to propose new rules “To Enhance and Standardize Climate-Related Disclosures for Investors.” The proposed rules would require...more

SEC Poised to Take Action on Climate Disclosure Requirements

The Securities and Exchange Commission (SEC) is set to formally consider the possibility of enhanced climate disclosure requirements at its upcoming Open Meeting on March 21, 2022. This meeting will be the latest in a series...more

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