Introduction Designated contract markets (DCMs) and participants in voluntary carbon markets would do well to evaluate new guidance from the Commodity Futures Trading Commission (CFTC) aimed at preventing manipulation of...more
The Commodity Futures Trading Commission (CFTC) has taken a significant step in its oversight of the voluntary carbon markets with a recent enforcement action against defendants who misappropriated funds through a carbon...more
Voluntary carbon credit markets (VCMs) stand to play a growing role in global decarbonization efforts. Through its support of the generation, and subsequent purchase and sale, of carbon credits (or carbon offsets), VCMs can...more
In early October 2023, California Gov. Gavin Newsom signed three related climate disclosure bills into law. Together, the three laws require various entities, as defined under each law, to disclose...more
Governor Gavin Newsom has signed the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261) into law, which means the California Air Resources Board (CARB) is now tasked with...more
With an increasing number of companies implementing environmental, social and governance (ESG) initiatives, ESG strategies are becoming more nuanced and complex. While not without controversy, these initiatives can be...more
On March 14, 2023, the U.S. Environmental Protection Agency published its long-awaited Maximum Contaminant Levels (MCLs) for PFOS and PFOA in drinking water. The MCL for both constituents individually is four parts per...more
The ESG universe is ever-expanding. The past year has proven as much with several noteworthy developments, including increased politicization of ESG issues, sweeping international disclosure and due diligence directives,...more
The incorporation of environmental justice (EJ) and civil rights into the environmental agenda of the Biden administration has not been confined to grant making and enhanced visibility. Through a series of executive orders,...more
As part of dogged efforts to implement his proposed sustainability agenda, President Biden recently announced that he authorized the Department of Energy to use the Defense Production Act (DPA) to expand the domestic...more
The Biden administration has made Environmental Justice a key component of its overall environmental agenda. EPA highlights EJ and civil rights in its draft strategic plan noting it will place a focus on “justice, equity, and...more
As U.S. lawmakers resume negotiations over spending and climate-based policies, now is the time for interested parties to engage with their representatives about carbon credit values. Current trends underscore the importance...more
If regulated parties don’t yet know if they are operating in an Environmental Justice (EJ) community, they should find out quickly. The Environmental Protection Agency (EPA) has an online tool, EJSCREEN, that can identify EJ...more
While the Biden administration has struggled to expeditiously implement carbon reduction and sustainability goals, the United States Environmental Protection Agency (USEPA) continues to move the needle on a number of notable...more
The U.S. Environmental Protection Agency (EPA) is not immune from negligence claims that would “eviscerate” liability under the Federal Tort Claims Act (FTCA). So says United States District Judge Judith E. Levy in her...more
To adapt to the rapidly evolving COVID-19 situation, the United States Environmental Protection Action (EPA) and several state environmental agencies have started implementing regulatory flexibility and enforcement discretion...more
In the waning days of the Obama administration, the Environmental Protection Agency (EPA) issued a set of rules and notices to establish long-term, low-cost credit assistance to creditworthy water and wastewater projects....more
If you thought you had to wait until after the 2016 election to learn about the Environmental Protection Agency’s (EPA) next iteration of National Enforcement Initiatives—think again. The EPA has announced that, as of Oct. 1,...more