The SEC has adopted the much-anticipated climate-related disclosure rules, which are more than 900 pages long, two years after they were first proposed. Although the rules will almost certainly face challenges in court that...more
On February 8, 2024, the Environmental Protection Agency ("EPA") proposed two regulations that would add nine per- and polyfluoroalkyl substances ("PFAS") to the list of Resource Conservation and Recovery Act ("RCRA")...more
2/15/2024
/ CERCLA ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Hazardous Waste ,
New Rules ,
PFAS ,
Proposed Rules ,
Public Health ,
RCRA ,
Regulatory Agenda ,
Toxic Chemicals
Business groups in California challenge the constitutionality of new climate reporting laws. ...more
This 2023 U.S. Real Estate Round-Up provides key insights to commercial and residential building owners facing a flock of new state environmental, social, and governance ("ESG") laws proposed or taken effect in 2023,...more
The U.S. Environmental Protection Agency ("EPA") has proposed regulations for calculating methane emissions fees required beginning this year under the Inflation Reduction Act ("IRA"). Section 136 of the Clean Air Act (added...more
2/6/2024
/ Clean Air Act ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fees ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Liquid Natural Gas ,
Methane ,
National Emissions Standards ,
Natural Gas ,
Pollution Control ,
Proposed Regulation ,
Proposed Rules ,
Regulatory Agenda ,
U.S. Treasury
Proposed rules would increase the stringency of Clean Air Act standards applicable to facilities that burn 250 tons or more of municipal solid waste per day. Among the U.S. Environmental Protection Agency's ("EPA") latest...more
The Maryland Department of the Environment ("MDE") will publish proposed rules limiting greenhouse gas ("GHG") emissions from covered buildings and requiring covered building owners to submit detailed energy performance...more
12/18/2023
/ Benchmarking ,
BEPS ,
Carbon Emissions ,
Climate Change ,
Data Collection ,
ENERGY STAR Program ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Net Zero ,
Property Owners ,
Proposed Rules ,
Public Comment
In Short -
The Background: As voluntary carbon credits ("VCCs") have grown in popularity, questions about their integrity and quality have arisen for investors and among regulators and lawmakers. For this reason, many have...more
12/14/2023
/ Carbon Emissions ,
Carbon Pricing ,
CFTC ,
Derivatives ,
Designated Contract Markets (DCMs) ,
Energy Market ,
Financial Institutions ,
Financial Markets ,
Financial Services Industry ,
Greenhouse Gas Emissions ,
Investment ,
Proposed Guidance ,
Risk Management ,
SEFs
The Situation: In 2019, Congress amended the Toxic Substances Control Act ("TSCA") to require the Environmental Protection Agency ("EPA") to promulgate a reporting rule on per- and polyfluoroalkyl substances ("PFAS"). EPA...more
12/12/2023
/ Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Importers ,
Manufacturers ,
PFAS ,
Public Health ,
Regulatory Reform ,
Reporting Requirements ,
Retroactive Application ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA)
The Situation: The Environmental Protection Agency ("EPA") finalized regulations designed to reduce methane emissions from the oil and gas industry by 80% in coming years at both new and existing facilities. The regulations...more
12/12/2023
/ Clean Air Act ,
Congressional Review Act ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Greenhouse Gas Emissions ,
Methane ,
Natural Gas ,
Oil & Gas ,
Regulatory Reform
The Situation: The Inflation Reduction Act ("IRA") requires the U.S Environmental Protection Agency ("EPA") to finalize new greenhouse gas reporting rules for the petroleum and natural gas industry based on "empirical...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
In Short -
The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more
8/7/2023
/ Biden Administration ,
Clean Air Act ,
Clean Water Act ,
Department of Justice (DOJ) ,
Environmental Crimes ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Natural Resources ,
Pollution Control ,
Puerto Rico ,
Regulatory Oversight ,
Supplemental Environmental Project (SEP) Policy ,
Virgin Islands
"Green Day" in the UK -
As part of its "Powering Up Britain" strategy, the UK government has published a series of documents setting out its vision for the UK's transition to net zero and the strengthening of UK energy...more
In Short -
The Situation: The Environmental Protection Agency ("EPA") has issued proposed rules to limit carbon dioxide ("CO2") emissions from fossil fuel-fired power plants (the "Proposed Rules")....more
Once considered a promising renewable energy source, steep drilling costs hampered geothermal energy development. The energy source, however, is now poised for a breakout and could play a critical role in the Biden...more
On May 19, 2023, California Governor Gavin Newsom unveiled a significant legislative package and signed an executive order aimed at reforming the California Environmental Quality Act ("CEQA") and streamlining infrastructure...more
The Environmental Protection Agency ("EPA") is proposing stringent carbon dioxide emissions standards for coal- and gas-fired power plants....more
The Advance Notice of Proposed Rulemaking ("ANPRM") addresses seven per- and polyfluoroalkyl substances ("PFAS"), including PFBS and GenX. ...more
The Bureau of Land Management ("BLM") announced a sweeping proposed rule that would change how public lands are managed by the federal government.
On April 3, 2023, BLM published a proposed rule to promote the...more
The Environmental Protection Agency ("EPA") has announced a new proposed rule that would strengthen the National Emission Standards for Hazardous Air Pollutants ("NESHAP") for Coal- and Oil- Fired Electric Utility Steam...more
4/10/2023
/ Air Pollution ,
Clean Air Act ,
Coal-Fired Generation ,
Coal-Fired Plants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
MATS ,
Mercury ,
NESHAP ,
Oil & Gas ,
Power Plants ,
Public Health ,
Regulatory Reform ,
Toxic Exposure
On March 14, 2023, the EPA took a step toward imposing federal limits on certain per- and polyfluoroalkyl substances in drinking water under the Safe Drinking Water Act.
The United States Environmental Protection Agency...more
Washington State's new cap-and-invest program officially launched in January 2023. The program, largely modeled after California's cap-and-trade program, originates from Washington's 2021 passage of the Climate Commitment Act...more
Quick! When you think about hydrogen, what is the first image you think of? Is it the explosion of the Hindenburg? A mushroom cloud spreading over the New Mexican desert? These images likely come to mind courtesy of...more
In Short -
The Situation: In 2021, the Biden Administration signaled its intent to replace the 2020 "Navigable Waters Protection Rule," which was vacated by a federal court, with a new definition of "waters of the United...more