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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

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

Washington State Proposes Sweeping Changes to Key Greenhouse Gas Regulation: Ecology’s Proposed Rule Targets Hydrofluorocarbons...

On July 13, 2023, the Washington State Department of Ecology (Ecology) published proposed amendments to Chapter 173-443 WAC, Hydrofluorocarbons (HFCs). Key provisions of the Proposed Rule include...more

Washington State Proposes Sweeping Changes to Key Greenhouse Gas Regulation

On July 13, 2023, the Washington State Department of Ecology (Ecology) published proposed amendments to Chapter 173-443 WAC, Hydrofluorocarbons (HFCs). Key provisions of the Proposed Rule include...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

Washington Adopts Economy-Wide Climate Legislation: “Cap-and-Invest” Approach Sets a Price For Carbon Emissions And Allows...

On May 17, 2021, Washington Gov. Jay Inslee signed the Washington Climate Commitment Act (CCA), which will create an economy-wide cap on greenhouse gas (GHG) emissions and create a system in which GHG credits are auctioned...more

Fourth Time's The Charm: Washington Enacts Clean Fuels Program, Creating West Coast Market For Low-Carbon Transportation Fuels

After four tries to enact a low carbon fuel standard, Governor Jay Inslee on May 17, 2021, signed HB 1091, new legislation that will establish a Clean Fuels Program (CFP) designed to limit the carbon intensity of...more

EPA Proposes Its First Rule Controlling HFCs Under the AIM Act

On May 3, 2021, EPA announced its first major climate change rule under the Biden Administration, proposing to phase down the manufacture and import of hydrofluorocarbons (HFCs), which are potent greenhouse gases. EPA...more

Biden Administration Proposes Major Investments In Energy As Part of Infrastructure Proposal

In an address from Pittsburgh, “the City of Bridges,” President Biden on March 31, 2021, proposed the “American Jobs Plan,” which would spend approximately $2 trillion over the next ten years on a wide variety of...more

FERC Determines That It Should Consider Greenhouse Gas Emissions In Environmental Analyses of Natural Gas Pipelines

On March 22, 2021, the Federal Energy Regulatory Commission issued an order setting forth new standards it will use to evaluate the greenhouse gas (GHG) emissions associated with natural gas pipeline projects. The order,...more

Climate Change Litigation: Oregon Rejects Expansion of Public Trust Doctrine

On October 22, 2020, the Oregon Supreme Court rejected claims by youth climate activists seeking to expand the state’s public trust doctrine to address climate change. The court ruled that the state did not have an...more

Oregon Governor Kate Brown Issues Executive Order Calling for Substantial Reductions in Greenhouse Gas Emissions

Capping a dramatic but ineffective legislative session, Oregon Governor Kate Brown on March 10, 2020, issued Executive Order No. 20-04, “Directing State Agencies to Take Actions to Reduce and Regulate Greenhouse Gas...more

Washington’s Clean Air Rule: State Supreme Court Invalidates Key Components of Climate Change Regulation

In a much-anticipated 5-4 decision on January 16, 2020, the Washington Supreme Court decided the fate of the state’s Clean Air Rule (CAR). The Clean Air Rule, which created a cap-and-trade system for regulating greenhouse gas...more

Trump DOJ Sues California, Seeks to End State’s Cap-and-Trade Agreement with Québec

A recent lawsuit filed by the Trump Administration’s Department of Justice seeks to block a six-year-old agreement between California and Québec that “links” their respective cap-and-trade programs....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

Washington Agencies Initiate Rulemaking Processes for Implementing Washington’s New Clean Energy Legislation

On July 30, the Washington Utility and Transportation Commission (UTC) and Department of Commerce (Commerce) will initiate the lengthy process of developing administrative rules to implement the newly-enacted Clean Energy...more

New Washington Legislation Drives Energy Conservation in Commercial Buildings

As part of its comprehensive effort to reduce greenhouse gas emissions in Washington, the 2019 legislature adopted a new measure, HB 1257, aimed at reducing greenhouse gas emissions from Washington’s commercial building...more

New Washington Legislation Steps on the Electric Vehicle Accelerator

As part of a package of bills aimed at reducing the state’s greenhouse gas emissions, the 2019 Washington State legislature passed legislation that should accelerate the adoption of electric vehicles (EVs), as well as...more

Carbon Markets Roundup

Last year saw significant efforts to either impose a price on carbon or reform existing programs, and in some cases roll those programs back. The Paris Agreement advanced a critical step, but without settling on rules for...more

Oregon Legislators Unveil Cap-and-Trade Bill

On February 8, 2019, Oregon lawmakers formally introduced a proposed cap-and-trade bill to address GHG emissions. HB 2020, introduced by the Joint Committee on Carbon Reduction, would make Oregon the second state after...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

Full Steam Ahead: EPA Moves Forward with Key Initiative to Reduce Emissions at U.S. Ports

EPA’s Office of Transportation Air Quality recently issued a report titled “EPA and Port Everglades Partnership: Emission Inventories and Reduction Strategies” (“the Port Everglades Report”). The Port Everglades Report comes...more

Carbon Pricing Roundup: Recent Developments in the US and Abroad

The first quarter of 2018 has been a busy one for efforts to put a price on greenhouse gas (GHG) emissions, both in the United States and abroad. In February, the European Union (EU) approved reforms to the EU Emissions...more

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