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U.S. Supreme Court Upends Federal Climate Regulation, and Much More

On June 30, 2022, the United States Supreme Court handed down its opinion in West Virginia v. Environmental Protection Agency, holding by a 6-3 majority that the U.S. Environmental Protection Agency (“EPA”) overstepped its...more

New York State Establishes GHG Emission Caps Under the Climate Leadership and Community Protection Act

The State of New York is continuing to implement the New York Climate Leadership and Community Protection Act (CLCPA), which set a December 31, 2020 deadline for the promulgation of statewide greenhouse gas (GHG) emission...more

New York State Is Moving Forward to Implement the Climate Leadership and Community Protection Act

The State of New York is mobilizing to implement the economy-wide greenhouse gas (“GHG”) emission reductions required by the New York Climate Leadership and Community Protection Act (“CLCPA”). This landmark statute, which...more

Trump Administration Revamps the NEPA Regulations

On July 15, 2020, the Council on Environmental Quality (“CEQ”) promulgated comprehensive amendments to the CEQ regulations implementing the National Environmental Policy Act of 1969 (“NEPA”). This Client Alert summarizes the...more

Addressing Climate Change in Due Diligence for Real Estate Transactions

Climate change is expected to have a significant impact on existing real estate. According to a government assessment, by 2050 up to $106 billion of United States real estate will be below sea level....more

New York State Climate Leadership and Community Protection Act

On June 20, 2019, the New York State legislature enacted the Climate Leadership and Community Protection Act.  Governor Andrew Cuomo is expected to sign the bill into law....more

New York City Enacts Greenhouse Gas Emission Limits for Major Buildings

On April 22, 2019, the New York City Council celebrated Earth Day by enacting the “Climate Mobilization Act” into law. The centerpiece of this important legislative package is Introduction 1253-2018 (“Intro 1253”)....more

Addressing Climate Change in Due Diligence for Corporate Transactions

The gravity of the problem of climate change is rapidly coming into focus. On November 23, 2018 thirteen federal agencies under the leadership of the National Oceanic and Atmospheric Administration, including among others the...more

EPA and the U.S. Army Corps of Engineers Propose Yet Another Definition of “Waters of the United States” (“WOTUS”) – What to...

On December 11, 2018, the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (the “Corps”) proposed new regulations that would sharply curtail the Corps’ permitting authority under the Clean Water...more

Addressing Climate Change in Due Diligence for Real Estate Transactions

On November 23, 2018, the United States government released Volume II of its Fourth National Climate Assessment. The report assesses the effects of the expected rise in sea levels resulting from global climate change,...more

The Changing Climate is Changing the Way Financial Institutions Assess Risks and Opportunities

The financial sector is beginning to face up to the reality of climate change. Increasingly, banks and other financial institutions are managing the immense pool of capital they control with an eye towards the risks posed –...more

Financial Stability Board Task Force Issues Recommendations on Climate Change-Related Disclosures

In January 2016, the G20’s Financial Stability Board organized a task force, chaired by Michael Bloomberg, to come up with recommendations for a uniform framework for the disclosure of financial risks and opportunities...more

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