The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The U.S. Environmental Protection Agency (EPA) has finalized regulations impacting a large swath of refrigeration and cooling equipment industries. The new regulations are the most recent EPA action addressing the use of...more
Seyfarth Synopsis: As discussed in our prior legal update available here, in 2023, California enacted two laws that mandate certain climate-related emissions disclosures and financial risk reporting for thousands of public...more
The California legislature continues to press forward with the implementation of two of the state's sweeping climate disclosure laws after a proposal to delay the implementation dates by the governor failed to be considered...more
The United States Environmental Protection Agency (“EPA”) has issued a report titled: Our Nation’s Air: Trends Through 2023 (“Report”). The purpose of the annual Report is to track trends in air quality and emissions...more
Recent raging winter storms have caved in streets, wrecked piers, collapsed homes and apartment buildings, and submerged property up and down California’s coastline. As sea levels continue to rise from climate change,...more
In one of its last official acts before starting its summer recess earlier this month, the California legislature passed a bill putting Prop 4 on the November ballot, which would allow the state to borrow $10 billion plus...more
This week, we discuss the first settlement between a state and a group of young plaintiffs who claimed that their government’s inadequate climate policies violated their constitutional right to a healthy environment. We...more
The ACOEL webpage “About Us” states that we are to be “Advocates for environmental law and process for a better environmental future.” Allow me to throw down this gauntlet to Members: What “better environmental future” is the...more
The U.S. Supreme Court today upended a 40-year-old decision that made it easier for the federal government to regulate the environment, public health, workplace safety, and consumer protections, delivering a far-reaching and...more
The Supreme Court has released its opinion in Ohio v. EPA, a case involving whether the federal government’s “good neighbor” ozone regulations were properly promulgated. This decision impacts the authority of the U.S....more
REGULATORY ISSUES & UPDATES - Recent Evolution of the European Regulatory Framework on Greenwashing - Two new Directives adopted by the EU in 2024—the "Empowering Consumers Directive" and the "Green Claims...more
In a groundbreaking move, effective July 1, the Massachusetts Department of Environmental Protection will tighten the permitting requirement for certain existing and new sources of air pollution located near an environmental...more
The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more
The New York State Department of Environmental Conservation recently issued a final policy titled Permitting and Disadvantaged Communities under the Climate Leadership and Community Protection Act, DEP-24-1. The policy...more
The Official Gazette of the Constitutional Government of the Free and Sovereign State of Nuevo Leon, on April 2, 2024, published the Secretary of Health of Nuevo Leon’s "Agreement declaring an Atmospheric Pollution Alert" in...more
On April 25, 2024, the Environmental Protection Agency (EPA) released a set of rules aimed at cutting air, water, and land pollution from fossil fuel-fired plants. The rules would require existing coal-fired and new gas-fired...more
Less than a month after the Environmental Protection Agency (EPA) published environmental operational standards and greenhouse gas emission regulations for owners and operators of heavy-duty vehicles, including major freight...more
This week, we discuss a downward revision to electric vehicle manufacturer Tesla Inc.’s governance grade and the equally controversial topic of diverging ESG ratings methodologies. Investigative findings published in May this...more
On April 25, 2024, the Environmental Protection Agency (EPA) signed four final rules representing multi-media regulation (air, water, waste, climate) for the utility sector. Individually, each rule would have been notable for...more
Following discussions during the 81st meeting of the Marine Environment Protection Committee (MEPC 81), which took place March 18–22, 2024, member states of the International Maritime Organization (IMO) agreed on a draft...more
Environmental regulations, including those under the California Air Resources Board’s (“CARB”) jurisdiction, present a complex compliance challenge for vehicle fleet managers and operations departments across the country....more
Beginning April 2024, companies registered in Brazil’s Federal Technical Registry of Potentially Polluting Activities (CTF/APP) will begin to pay the Environmental Control and Inspection Fee (TCFA) under a new calculation...more
Building on 2023 legislation granting the Colorado Energy and Carbon Management Commission (ECMC) authority over wells used to inject and permanently sequester carbon dioxide (CO2), the Colorado General Assembly is...more
Soon after taking office, President Biden issued Executive Order 14008, entitled, “Tackling the Climate Crisis at Home and Abroad.” This is an unusually long and complex executive order and includes many provisions relating...more
The U.S. Environmental Protection Agency’s (EPA) final methane rule limits methane emissions from the oil and gas sector and may be the latest battleground over whether the agency is exceeding its authority to regulate...more