President Trump has issued a flurry of new Executive Orders and Presidential Memoranda aimed at advancing the Administration’s deregulatory agenda, particularly in the energy and environmental sectors. This advisory provides...more
On March 12, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced that EPA would soon undertake efforts to roll back 31 environmental regulations that cut across industry sectors. EPA’s deregulatory...more
As companies and others in the regulated community continue to evaluate their strategies in light of the Trump administration’s rollout of its deregulatory agenda, we highlight a notable executive order (EO), Executive Order...more
Update: On February 11, 2025, acting SEC Chairman Mark Uyeda issued a statement changing the SEC’s position on the Final Climate Rules. Chairman Uyeda states that he “continue[s] to question the statutory authority of the...more
Overview -
Following our post-election Alert outlining major anticipated themes for environmental and natural resource law and policy in the second Trump administration, leaders from a number of our practices – many of...more
In December, the California Air Resources Board (CARB) took noteworthy steps to implement California legislation requiring large companies that “do business in California” to report greenhouse gas (GHG) emissions and disclose...more
The City of Everett (City) voted on November 5, 2024, to pass initiative 24-03, granting the Snohomish River Watershed (Watershed) enforceable legal rights within the City’s limits. The law creates a right for the Watershed...more
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
The U.S. Environmental Protection Agency (EPA) Region 6 recently issued the first draft Class VI permits in Texas under the Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) program. These draft permits would...more
Update: In August 2024, the California Legislature passed SB 219. This bill makes minor but important amendments to SB 253 and SB 261. Notably, SB 219 provides CARB with additional flexibility on the timing of Scope 3...more
The final days of the U.S. Supreme Court’s 2023 term saw the release of several decisions that may – or may not, depending on one’s perspective and desired strategy – hold significant implications for administrative law...more
7/5/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Interpretation
Since its formal announcement as a constitutional “doctrine” in West Virginia v. EPA, administrative and environmental law practitioners have speculated that the major questions doctrine (MQD) would mark a major shift in how...more
On March 6, the U.S. Securities and Exchange Commission (SEC) voted (3-2) to adopt final rules entitled, The Enhancement and Standardization of Climate-Related Disclosures for Investors (the “Final Climate Rules”). The Final...more
On February 12, 2024, the United States Fish and Wildlife Service (FWS) published a final rule that created several long-awaited general permits under the Bald and Golden Eagle Protection Act (Eagle Act) to authorize...more
Key Takeaways -
• What Is Happening? On January 12, 2024, the U.S. Environmental Protection Agency (EPA) announced a proposed rule to implement the Inflation Reduction Act’s (IRA) Methane Waste Emissions Charge (WEC). The...more
Key Takeaways -
• What Is Happening? On January 12, 2024, the U.S. Environmental Protection Agency (EPA) announced a proposed rule to implement the Inflation Reduction Act’s (IRA) Methane Waste Emissions Charge (WEC)....more
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
Key Takeaways -
• What Is Happening? On December 2, 2023, during the United Nations Climate Change Conference (COP28), the U.S. Environmental Protection Agency (EPA) announced a final Clean Air Act (Act) rule designed to...more
In addition to signing two significant new laws requiring large companies doing business in California to disclose their greenhouse gas emissions (GHG), Governor Newsom on October 7 signed AB 1305, which creates new...more
The California Legislature recently passed two new laws that impose significant climate-related disclosure obligations on many businesses. The passage of SB 261 and SB 253 are the latest steps in a growing trend to mandate...more
Corporate mergers, asset acquisitions, and divestitures often include a variety of environmental components or considerations – some of which can be nuanced – that can affect and can be affected by other non-environmental...more
On September 15, 2023, the U.S. Environmental Protection Agency (EPA) issued its final rule governing water quality certifications under Section 401 of the Clean Water Act (CWA). Section 401 requires the applicant for a...more
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
The Fourth Circuit Court of Appeals unanimously affirmed a district court’s dismissal of environmental plaintiffs’ claim that shrimp trawlers require either a Section 404 or National Pollutant Discharge Elimination System...more
On July 23, 2023, the Federal Energy Regulatory Commission (FERC) adopted Order No. 2023, a “landmark” order, which aims to significantly improve the interconnection of new generation and energy storage projects to the...more