On May 7, the South Coast Air Quality Management District (South Coast AQMD) adopted Rule 2305 (the “Rule”) aimed at regulating nitrogen oxide (NOx) and diesel particulate matter emissions associated with truck traffic at...more
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
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
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
In its just-concluded session, the Washington legislature passed several pieces of legislation intended to promote the transition of Washington’s transportation system away from fossil fuels. The most consequential of these,...more
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
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
The U.S. Supreme Court will once again wade into the scope and meaning of CERCLA, granting Guam’s petition for certiorari in Territory of Guam v. United States, No. 20-382, petition for cert. granted (U.S. Jan. 8, 2021). This...more
On December 16, 2020, the Washington Utilities and Transportation Commission (UTC) issued a Policy Statement on renewable natural gas program design that provides important guidance for expansion of this nascent industry in...more
On November 24, 2020, EPA published a final rule that changes how facilities can calculate their emissions when assessing permitting requirements under the Clean Air Act’s New Source Review (NSR) program. Under the final...more
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
The western United States is again in the middle of a devastating wildfire season, with states like California experiencing the largest fires in state history. Wildfires are becoming a summertime fixture, bringing with them...more
On August 18, 2020, the Xerces Society for Invertebrate Conservation filed a petition to list the western ridged mussel as an endangered species under the Endangered Species Act (ESA).
The western ridged mussel (Gonidea...more
On March 31, 2020, Washington Governor Jay Inslee issued a Guidance Bulletin providing important clarifications concerning which industries are considered “essential” and therefore exempt from his March 23 Proclamation...more
The California State Water Resources Control Board and the California Air Resources Board have provided direction for complying with regulatory requirements during the COVID-19 response....more
In response to the rapid spread of coronavirus in Washington, on March 23, 2020, Governor Jay Inslee issued Proclamation No. 20-25, titled “Stay Home – Stay Healthy,” which requires individuals to stay at home except to...more
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
After Governor Kate Brown’s recent state of emergency declaration to address the spread of COVID-19 in Oregon, DEQ issued a statement explaining the circumstances in which it will consider exercising its enforcement...more
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
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
Washington State has taken its first steps towards implementing the nation’s strongest state chemicals law. This month, the Department of Ecology (Ecology) announced certain chemical-product combinations that it is studying...more
While the high-profile and politically-charged failure of the Oregon legislature to pass cap-and-trade legislation has garnered much public attention, Oregon nonetheless adopted less high-profile but important energy...more
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
On July 29, 2019, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Winding Creek Solar LLC v. Peterman et al. (Nos. 17-17531 & 32) strongly upholding core principles of the Public Utility Regulatory...more
Following on the heels of recent Washington legislation promoting electrification of the transportation system, Oregon Governor Kate Brown on July 15 signed SB 1044, legislation that strengthens Oregon’s legislative and...more