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Loper Bright v. Raimondo

U.S. Supreme Court overrules Chevron and restores courts’ obligation to exercise independent judgment - On June 28, 2024, in one of the last decisions of the Term, the U.S. Supreme Court issued its long-awaited decision in...more

IRS and Treasury Issue Guidance on Section 40B Sustainable Aviation Fuel Credit

Section 40B of the Internal Revenue Code of 1986 (the “Code”) enacted by the Inflation Reduction Act of 2022 (the “IRA”) provides credits for each gallon of sustainable aviation fuel (“SAF”) sold or used by a taxpayer before...more

New Phase of EPA's Renewable Fuel Standard Program: Updated Targets for 2023 - 2025 and New Credit System for EVs

On December 1, 2022, the U.S. Environmental Protection Agency (“EPA”) announced its proposed rule under the Renewable Fuel Standard (“RFS”) program. For the first time, EPA establishes renewable fuel volumes and percentage...more

EPA Sets Final Volumes for Renewable Fuel Standards Program for 2020, 2021, and 2022

After a two-year delay, on June 3, 2022, the U.S. Environmental Protection Agency (“EPA”) signed and submitted for publication in the Federal Register its final rule for setting renewable fuel percentage standards under the...more

EPA's New Actions in the Battery Industry May Promote Uniformity

The United States Environmental Protection Agency (“EPA”) issued a voluntary Request for Information (“RFI”) on June 9, 2022, regarding best practices for battery recycling and labeling guidelines. 87 Fed. Reg. 35,202. The...more

US EPA Releases Guidance on Legal Tools to Advance Environmental Justice

On May 26, 2022, the Environmental Protection Agency’s Office of the General Counsel released EPA Legal Tools to Advance Environmental Justice (“EJ Legal Tools”). The document builds on and updates EPA’s 2011 Plan EJ 2014:...more

Acquiring and Defending Carbon Storage Rights

Carbon Capture and Sequestration (“CCS”), one form of which is known as Direct Air Capture, captures carbon dioxide (CO2) from man-made sources before CO2 is released into the atmosphere. The captured CO2 is then injected...more

EPA's Reconsideration of Ethylene Oxide Under the Clean Air Act - A Sign of Future Chemicals Policy to Come?

On January 25, 2022, the U.S. Environmental Protection Agency (“EPA”) reaffirmed its interpretation of ethylene oxide (“EtO”) requirements which may signal EPA’s increased scrutiny of chemical emissions generally and the...more

EPA’s Draft Strategic Plan Emphasizes Resilience and Adaption to Climate Change

This Client Alert—Part 2 of an ongoing series—provides an overview of one of EPA’s key objectives in its draft Strategic Plan: Developing resilience and adaptation to climate change impacts. Other alerts in the series can be...more

EPA Proposes to Cut 2020 and 2021 Volumes for the Renewable Fuel Standards Program, While Aiming to Increase 2022 Volumes

On December 7, 2021, the U.S. Environmental Protection Agency (“EPA”) signed and submitted for publication in the Federal Register its proposed rule for setting renewable fuel percentage standards. The proposed rule sets the...more

US EPA Issues Draft Strategic Plan

Emphasis on Environmental Justice and Climate Change - The EPA's draft Strategic Plan provides the key to understanding the agency's priority goals and initiatives, including Climate Change and Environmental Justice...more

EPA Audit of RIN Market Signals Increased Scrutiny and Enforcement

Recently, EPA’s Office of Inspector General (“OIG”) issued a notice of its audit of the agency’s oversight of the Renewable Fuel Standards Renewable Identification Number (“RIN”) market. This is the latest in a string of...more

20 State Attorneys General Push Congress to Address Environmental Justice

Advancing Environmental Justice (“EJ”) is a central pillar of the Biden Administration. Beginning with President Biden’s Executive Order “Tackling the Climate Crisis at Home and Abroad,” signed during his first week in...more

EPA Submitted Proposed Renewable Fuel Standards to OMB

On August 26, 2021, the Environmental Protection Agency (“EPA”) sent its proposed rule for setting renewable fuel percentage standards to the Office of Management and Budget (“OMB”) for review. The proposed rule is expected...more

Energy Newsletter - May 2021

Business and Human Rights: Energy and extractives in a changing landscape of new generation trade agreements protecting and promoting both trade and human rights - As allegations of genocide, forced labour, or widespread...more

Environmental Justice Rises to the Forefront of EPA Policy

EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives - With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more

ESG Agenda

BlackRock Doubles Down on Sustainability - • BlackRock signals substantially more assertive posture on climate-related issues • New approach to shareholder proposals saw BlackRock support 54% of environmental and social...more

EPA Updates Its Vehicle and Engine Tampering & Aftermarket Defeat Device Enforcement Policy

The updates attempt to provide more clarity for modern vehicles and parts - On November 23, 2020, the U.S. Environmental Protection Agency (“EPA”) updated its policy for enforcement of vehicle and engine tampering and...more

A First Look at California’s Executive Order Banning Fuel-Burning Vehicles and Imposing Other Greenhouse Gas Reducing Restrictions

Potential wide-ranging impacts on Engines, Energy, Infrastructure and Shipping - California Governor Gavin Newsom’s Executive Order N-79-20 seeks to address climate change concerns and significantly reduce greenhouse gas...more

CARB Strictly Interprets Performance Aftermarket Part Laws in New Enforcement Advisory

CARB takes the position that distributors, sellers, and installers of uncertified performance aftermarket parts are liable for any illegal use of those products. On July 10, the California Air Resources Board (“CARB”)...more

Return to Work: Answers for Pressing Environmental, Health & Safety Questions

Q: As I reopen my business, has COVID-19 impacted my business’s environmental, health and safety responsibilities? A: Yes, COVID-19 has had a significant impact on companies’ environmental, health and safety obligations,...more

California Environmental Enforcement Changes Under COVID-19

California' Policy Is Less Specific and Stricter than the EPA Policy - California has issued a new policy providing limited relief for regulated parties from their environmental compliance and reporting obligations...more

EPA’s 2020 Renewable Fuel Standard Adopts New Methodologies That Diverge from Prior Interpretations

On December 19, 2019, the Environmental Protection Agency (“EPA”) issued its final rule for renewable fuel volume requirements for 2020 under the Renewable Fuel Standard (“RFS”) program. The rule establishes the amount of...more

EPA and NHTSA Take Regulatory Action to Revoke California Authority to Regulate Greenhouse Gas Emissions

Action May Have Far-Reaching Impacts - Today, the Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) announced a joint rule intended to substantially affect...more

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