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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

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

U.S. Supreme Court Agrees to Review Scope of EPA Authority over Power Plant Greenhouse Gas Emissions

On October 29, 2021, the U.S. Supreme Court agreed to hear an appeal of the D.C. Circuit’s decision vacating the Affordable Clean Energy (ACE) rule, the Trump Administration’s action to address CO2 emissions from existing...more

Biden Administration Rapidly Advances Climate Change Agenda

It’s no secret that President Biden plans to prioritize action on climate change. During his presidential campaign, Biden identified climate change as one of his top four priorities, and announced he would seek to put the...more

D.C. Circuit Vacates Trump ACE Rule: What’s Next for Power Plant CO2 Regulation?

On January 19, 2021, the D.C. Circuit vacated the Affordable Clean Energy (ACE) rule, the Trump Administration’s action to address CO2 emissions from existing coal-fired power plants. The ACE rule repealed an Obama-era rule...more

Hitching a Ride on the Omnibus: COVID Relief and Appropriations Act Includes Major Climate Change and Energy Provisions

On December 27, 2020, President Trump signed H.R. 133, the “Consolidated Appropriations Act, 2021,” an agglomeration of dozens of individual pieces of legislation which together total nearly 6,000 pages. While general press...more

FERC Policy Proposal May Advance State Efforts to Price Carbon Emissions

On October 15, 2020, the Federal Energy Regulatory Commission (FERC) issued a proposed policy statement clarifying that it has jurisdiction over rules incorporating state-determined carbon pricing in wholesale electric...more

Massachusetts SMART Program Regulations: More Solar Capacity, Less Land Area

On April 14, the Massachusetts Department of Energy Resources (DOER) filed emergency regulations governing its SMART (Solar Massachusetts Renewable Target) program, the state’s current solar incentive program. Among other...more

FERC Proposes the First Comprehensive Reform of its PURPA Regulations Since 1980: Renewables Under the Gun?

On September 19, 2019, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) proposing to comprehensively rewrite its rules for implementing the Public Utility Regulatory Policies Act...more

Maryland Establishes Task Force on Renewable Energy Development and Siting

Maryland’s Governor Lawrence Hogan has issued an Executive Order establishing a task force responsible for evaluating the siting of new solar and wind energy projects throughout Maryland. Gov. Hogan’s actions were prompted by...more

Carbon Markets Roundup August 2019

B&D’s Carbon Markets Roundup covers domestic and international developments related to carbon pricing and related regulatory programs aimed at regulating or reducing greenhouse gas emissions. This edition of Carbon Markets...more

Maryland High Court Finds State Authority to Approve Renewable Energy Projects Preempts Local Zoning Authority

The Maryland Court of Appeals has unanimously held that the Maryland Public Service Commission’s authority to approve the construction and siting of energy generating systems preempts local zoning authority: “Ultimately, the...more

Virginia Regulators Considering Amendments to Rules for 150 Megawatt Solar Projects

The Virginia Department of Environmental Quality (VDEQ) has taken the first step towards amending existing permitting procedures for small solar energy projects. The potential amendments may help sustain the recent...more

New York State Passes Sweeping Climate Legislation That Could Affect Nearly All Sectors

The New York State Assembly and Senate this week passed one of the most sweeping pieces of climate change legislation in the United States and beyond. Known as the Climate Leadership and Community Protection Act (CLCPA), the...more

Will EPA ‘ACE’ Its Attempt to Replace the Clean Power Plan? A Deeper Dive into EPA’s Proposed Affordable Clean Energy Rule

Introduction - As we have previously reported, on August 21, 2018, the U.S. Environmental Protection Agency (“EPA”) proposed to replace the Obama Administration’s Clean Power Plan (“CPP”) with the Affordable Clean Energy...more

Massachusetts Supreme Judicial Court Upholds GHG Caps for Electricity Sector and Affirms the Continued Viability of Chevron-style...

On September 4, 2018, the Massachusetts Supreme Judicial Court (SJC) issued an opinion in New England Power Generators Association v. Department of Environmental Protection (Case number SJC-12477; --- N.E.3d ---, 2018 WL...more

Carbon Markets Roundup: Recent Developments in U.S. and International Carbon Pricing Regimes

Q2 was a busy one for carbon markets. On the international front, talks to develop the Paris Rulebook advanced, but progress was slower than hoped. Ontario announced withdrawal from the Western Climate Initiative, while...more

Major Offshore Wind Projects Advance in Massachusetts and Rhode Island

Commercial-scale offshore wind power may soon become a reality in New England. On May 23, Massachusetts electric distribution companies selected Vineyard Wind, a subsidiary of Avangrid Renewables, LLC, as the preferred...more

Industry Wins First Round in California Climate Change Litigation

Yesterday, a California federal district court dealt a serious blow to two California cities’ climate change lawsuits against several major oil and gas companies. Judge William Alsup issued an order denying the plaintiffs’...more

Virginia Begins Development of Cap-and-Trade Program for Electric Power Sector

On May 16, 2017, Virginia’s Governor Terry McAuliffe signed Executive Directive 11 (the “Directive”), which directs Virginia’s Department of Environmental Quality (“DEQ”) to develop regulations to reduce greenhouse gas...more

California Court of Appeal Upholds Cap-and-Trade Program

On Thursday, April 06, 2017, California’s Court of Appeal for the Third Appellate District upheld California’s Cap-and-Trade Program, the cornerstone of California’s climate change policy, by a 2-1 vote. In the case,...more

Renewable Energy: The State of Play in 2017

The renewable energy sector ended 2016 and began 2017 under assault. Nevada and other states rolled back net metering laws. Fishing interests brought a lawsuit to block an offshore wind lease and upend BOEM’s offshore wind...more

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