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EPA Grants Louisiana Class VI Primacy

EPA’s transfer of primary enforcement authority to states for carbon capture and storage projects may decrease permitting delays but raise legal questions. Louisiana has become the third state in the United States to...more

COP28: Key Takeaways From the Annual Climate Conference in Dubai

The first global stocktake, Article 6, carbon markets, new finance pledges, and the loss and damage fund formed the major developments at this year’s conference. Between November 30 and December 12, 2023, Dubai hosted the...more

Federal Court Upholds SCAQMD Warehouse Rule

A district court has ruled that federal law does not preempt an indirect source rule that targets emissions associated with warehouses in Southern California. On December 14, 2023, a US federal judge rejected claims that...more

Long-Awaited Guidelines From Article 6.4 Published Ahead of COP28

The Supervisory Body published the Methodology Guidance and the Removal Guidance to be presented for discussion in COP28. After two years of discussion, the Supervisory Body (SB) responsible for determining the...more

SCAQMD Announces Enforcement of Southern California Warehouse Regulation Despite Ongoing Litigation

Regulators are pursuing steep fines in response to widespread alleged noncompliance with an emissions rule still subject to potential reversal by the courts. On September 20, 2023, the South Coast Air Quality Management...more

Unprecedented Buildout of Renewables and Transmission Necessary for California Decarbonization

The state must dramatically expand its energy infrastructure and renewable energy sources to satisfy growing demand for electricity while meeting ambitious climate goals, according to California Independent System Operator’s...more

Study: Growing Wildfire Risks Threatening California’s Climate Policies

The 2020 wildfire season alone released more carbon dioxide than what California reduced through years of emission cuts. California is a recognized leader in climate policy, but a wildfire crisis is threatening to unwind...more

California Air Resources Board Releases Draft Scoping Plan Update (Part 4)

CARB addresses California’s increasingly severe climate impacts. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update (Draft Scoping Plan) for public review and comment....more

California Air Resources Board Releases Draft Scoping Plan Update (Part 2)

CARB opts to stay the course on Cap-and-Trade Program. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update for public review and comment. Assembly Bill (AB) 32, the...more

California Air Resources Board Releases Draft Scoping Plan Update

The Draft 2022 Scoping Plan Update takes an all-of-the-above approach to decarbonize California. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update for public review...more

Low-Carbon Hydrogen in Latin America: Current Context and Opportunities

Latin America is well positioned for a strategic role as a hub for the production and utilization of low-carbon hydrogen in the global energy transition. Low-carbon hydrogen is set to play a key role in the...more

SoCal Regulators Require Warehouses to Reduce Trucking Emissions - Who’s Next?

A local air district in Southern California approved a rule requiring warehouses to reduce trucking emissions and adopt clean technologies or pay a mitigation fee. Latham & Watkins attorneys examine it's requirements and say...more

CEQ Issues Report to Congress on CCUS

CEQ report calls for widespread CCUS deployment to achieve climate goals. On June 30, 2021, the White House Council on Environmental Quality (CEQ) issued a report to Congress that outlines a framework for how the US can...more

TCI Program Established to Reduce Carbon Emissions From Transportation

The program will include a multi-jurisdictional cap-and-invest program and aims to address environmental justice and equity concerns. On December 21, 2020, the Governors of Massachusetts, Rhode Island, and Connecticut,...more

4 Things to Know About CARB’s Clean Miles Standard

California is making significant progress on a first-of-its-kind regulation that will reduce GHG emissions from ride-sharing vehicles. As directed by Senate Bill (SB) 1014, the California Air Resources Board (CARB) is...more

Air District Targets Southern California Logistics Industry

A local air district is developing a rule that would require both existing and proposed warehouses to reduce trucking emissions or pay a mitigation fee. The South Coast Air Quality Management District (SCAQMD or District)...more

White House Issues Final NEPA Guidance on Climate Change

On August 2, 2016, the White House Council on Environmental Quality (CEQ) issued its final guidance for federal agencies to assess the impact of their decisions on greenhouse gas emissions (GHGs) and also how such decisions...more

California Launches Major Rulemaking to Amend Low Carbon Fuel Standard

I. LCFS Readoption - On February 19, 2015, the California Air Resources Board (ARB) will take feedback on proposed regulations implementing the readoption and updating of California’s Low Carbon Fuel Standard (LCFS),...more

Court of Appeal Confirms AB 32 Target Is Proper CEQA Significance Threshold

The strongly worded opinion in Center for Biological Diversity v. California Department of Fish and Wildlife (Case Number B245131)(CBD v. CDFW) by the Court of Appeal of California, Second Appellate District has confirmed...more

Court Upholds Auction of Allowances Under California Cap-­and-­Trade Program

On November 12, 2013, a California trial court decided that the California Air Resources Board (ARB) has the power to auction emission allowances and that such auctions do not constitute an illegal ...more

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