In remarks at the Environmental Council of the States’ 2025 spring meeting, EPA Administrator Zeldin indicated that no decisions have yet been made on how the Agency is going to address PFAS, but that it will weigh the...more
The U.S. Environmental Protection Agency ("EPA") announced it would reconsider the 2024 Risk Management Program ("RMP") rule....more
4/1/2025
/ Biden Administration ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
National Security ,
Oil & Gas ,
Popular ,
Proposed Rules ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
Rulemaking Process ,
Trump Administration
EPA has extended the reporting deadline under the Greenhouse Gas ("GHG") Reporting Rule for reporting year 2024 data from March 31, 2025, to May 30, 2025. Under the rule, owners and operators of facilities that are direct...more
New Carbon Removal Certification Framework in Europe -
A voluntary certification framework adopted by the EU aims to enhance the credibility and transparency of carbon removal activities within the EU to support its...more
3/27/2025
/ Carbon Emissions ,
Climate Change ,
Energy Policy ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
EU ,
Executive Orders ,
Greenwashing ,
Proposed Rules ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Sustainability ,
Trump Administration
The U.S. Environmental Protection Agency ("EPA") announced an agenda to revisit numerous regulations addressing the emission of greenhouse gases ("GHGs")....more
On January 23, 2025, in an opinion for City of Annapolis v. BP PLC, et al. and Anne Arundel County, Maryland v. BP PLC, et al., the Circuit Court of Anne Arundel County, Maryland, dismissed two cases brought by the City of...more
3/25/2025
/ Climate Change ,
Environmental Litigation ,
Environmental Policies ,
Failure To Warn ,
Maryland ,
Negligence ,
New Jersey ,
Oil & Gas ,
Preemption ,
Private Nuisance ,
Public Health ,
Public Nuisance ,
State and Local Government ,
State Attorneys General ,
Strict Liability ,
Trespass
Throughout 2024, young Americans from states like Oregon, California, and Hawaii turned to litigation, arguing that court intervention is necessary to protect them from climate change. The young plaintiffs spearheading these...more
3/25/2025
/ Appeals ,
Climate Change ,
Constitutional Challenges ,
Environmental Claims ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Litigation Strategies ,
Montana ,
MT Supreme Court ,
Public Health ,
Standing ,
State Constitutions ,
Trump Administration
The amount of climate-related litigation has tripled in the past decade and includes greenwashing claims against some of the largest fossil fuel companies in the world. New York state and its localities have brought some of...more
On January 10, 2025, the Pipeline and Hazardous Materials Safety Administration ("PHMSA") issued a proposed rule setting forth revisions to the federal Pipeline Safety Regulations ("PSR") (49 C.F.R. Parts 190-99) to include...more
Among the 37 executive orders signed by President Trump in his first week in office, there are several that address the regulation of energy and the environment. While it may be too soon to know the lasting effect of these...more
On March 12, 2025, the Environmental Protection Agency ("EPA") issued a flurry of press releases announcing its plan to rollback dozens of Biden-era, as well as earlier, environmental regulations. This historic move is part...more
On December 26, 2024, New York enacted a law requiring certain energy companies to contribute cumulatively $75 billion to a climate "superfund" over the next 25 years....more
1/10/2025
/ Carbon Emissions ,
Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Energy Sector ,
Environmental Litigation ,
Environmental Policies ,
Greenhouse Gas Emissions ,
New Legislation ,
New York ,
Oil & Gas ,
Regulatory Reform ,
State and Local Government ,
Superfund
New ESG regulations are expected to have a significant impact on disclosure and governance obligations for EU and non-EU companies alike, including extensive sustainability reporting and due diligence requirements on...more
12/11/2024
/ Carbon Emissions ,
Climate Action Plan ,
Climate Change ,
Coal Mines ,
Energy Policy ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Hague Convention ,
Infrastructure ,
Pollution Control ,
Shell Oil
On September 23, 2024, the U.S. Environmental Protection Agency ("EPA") announced a final rule under the American Innovation and Manufacturing Act of 2020 ("AIM Act") establishing a new program overseeing hydrofluorocarbons...more
As noted in previous editions of The Climate Report, in recent months, the United States Environmental Protection Agency ("EPA"), Federal Highway Administration ("FHA"), and California Air Resource Board ("CARB") have imposed...more
In November 2024, the U.S. Environmental Protection Agency ("EPA") released its National Strategy to Prevent Plastic Pollution, a comprehensive plan with the goal of eliminating the release of plastic waste into the...more
In Marin Audubon Society v. FAA, the D.C. Circuit held the White House Council on Environmental Quality ("CEQ") lacks authority to issue binding regulations under the National Environmental Policy Act ("NEPA")....more
11/18/2024
/ Air Pollution ,
Air Quality Standards ,
Audubon Society ,
Aviation Industry ,
CEQ ,
Department of Environmental Quality ,
Environmental Policies ,
Federal Aviation Administration (FAA) ,
Lack of Authority ,
NEPA ,
Regulatory Authority
REGULATORY ISSUES & UPDATES -
Update on Australia's New Climate-Related Financial Disclosure Regime -
Australia's mandatory climate-related financial disclosure regime is inching closer to implementation after the proposed...more
9/23/2024
/ Clean Air Act ,
Clean Energy ,
Climate Change ,
Disclosure Requirements ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Popular ,
Tax Credits
At the beginning of 2024, young American climate litigants seemed poised for success. In December 2023, the prominent case of Juliana v. United States (Case No. 6:15-CV-01517) had survived—in part—a motion to dismiss in the...more
The White House revealed its latest strategy to address PFAS, and the EPA extended the reporting deadline for its PFAS reporting rule....more
9/18/2024
/ Biden Administration ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Public Health ,
Reporting Requirements ,
Statutory Deadlines ,
Strategic Planning ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
On July 10, 2024, a Baltimore City Circuit Court judge dismissed a complaint brought by the City of Baltimore against 25 fossil fuel manufacturers, seeking to hold them liable on numerous state-law theories, including for...more
In City of Baltimore v. BP, et al., court holds that nuisance and tort claims are preempted by federal law and beyond the limits of state law....more
8/2/2024
/ BP PLC v Mayor and City Council of Baltimore ,
Clean Air Act ,
Climate Change ,
Fossil Fuel ,
Manufacturers ,
Natural Gas ,
Nuisance ,
Oil & Gas ,
Preemption ,
Statute of Limitations ,
Tort
On July 22, 2024, U.S. Senators Joe Manchin (I-WV) and John Barrasso (R-WY) released a long-awaited energy permitting reform bill, which aims to accelerate the permitting process for critical energy, mineral, and related...more
7/26/2024
/ Energy Policy ,
Energy Projects ,
Energy Reform ,
FERC ,
Infrastructure ,
Judicial Review ,
Liquid Natural Gas ,
Natural Gas ,
Oil & Gas ,
Power Plants ,
Proposed Legislation ,
Regulatory Agenda ,
Statute of Limitations
REGULATORY ISSUES & UPDATES -
Recent Evolution of the European Regulatory Framework on Greenwashing -
Two new Directives adopted by the EU in 2024—the "Empowering Consumers Directive" and the "Green Claims...more
6/20/2024
/ Air Pollution ,
Carbon Capture and Sequestration ,
Carbon Emissions ,
Clean Air Act ,
Clean Energy ,
Climate Change ,
Disclosure Requirements ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Human Rights ,
Net Zero ,
Power Plants ,
Securities and Exchange Commission (SEC) ,
Sustainability ,
Tax Credits
The U.S. Federal Highway Administration's ("FHWA") new rule establishing a performance-based method for measuring greenhouse gas ("GHG") emissions that are associated with transportation on the National Highway System was...more