News & Analysis as of

Carbon Emissions Environmental Policies Cap-and-Trade

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - July 2024 #3

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

(ACOEL) | American College of Environmental...

Much Ado About Not Much: West Virginia v. EPA

Many have characterized West Virginia v. EPA as a decision depriving EPA of an important tool to address climate change under the Clean Air Act. The decision is better viewed as steering EPA away from a flawed regulatory...more

Mintz - Energy & Sustainability Viewpoints

Pricing Overseas Carbon: The Rise of Border Adjustment Mechanisms on Both Sides of the Pond

In the past several months, lawmakers in both the United States and the European Union have introduced legislation to enact carbon border adjustment mechanisms (CBAMs) in their respective jurisdictions. Also known as a...more

Jones Day

The Climate Report | Third Quarter 2021

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Climate Change Regulatory Issues & Updates - European Climate Law Sets a Binding Objective of Climate Neutrality by 2050 - The recently adopted European Climate Law calls for the necessity to address "the growing...more

(ACOEL) | American College of Environmental...

Critically Examining Environmental Justice Critiques of GHG Auction-Cap-and-Trade

The Biden Administration has pledged to put the nation on track to achieve carbon neutrality by 2050 and simultaneously to promote environmental justice. Both goals are achievable and, indeed, are complementary. Their...more

Latham & Watkins LLP

TCI Program Established to Reduce Carbon Emissions From Transportation

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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

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn

The Earth’s climate is changing. With unprecedented fires in California and the State’s litigation with the federal government, the Brazilian rainforest fires, and the aircraft industry’s inability to curb aircraft emissions,...more

Perkins Coie

Washington Supreme Court Invalidates Indirect Emitter Portions of the Clean Air Rule

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In a split decision issued on January 16, the Washington State Supreme Court ruled that the Department of Ecology (Ecology) lacks authority under the state’s Clean Air Act (the act) to cap greenhouse gas emissions from...more

(ACOEL) | American College of Environmental...

Someone Left the Cake Out in the Rain: The Dissolution of Cooperative Federalism in the Trump Era

The Trump Administration’s recent lawsuit against California’s climate change policies has cast a spotlight on a stark and troubling reality.  U.S. v. California is just the latest salvo in a sustained, direct assault by EPA...more

Jones Day

The Climate Report Winter 2019

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Climate Change Regulatory Issues & Updates - California Air Resources Board Amends Cap-and-Trade Regulations - On December 13, 2018, the California Air Resources Board ("CARB") adopted amendments to California's...more

Mintz - Energy & Sustainability Viewpoints

Massachusetts Joins Other States in Regional Greenhouse Gas Initiative Announcing Plan to Reduce Emissions by Additional 30...

On August 23, Massachusetts joined the eight other states in the Regional Greenhouse Gas Initiative (RGGI) in announcing a plan to reduce carbon dioxide emissions by an additional 30 percent by 2030 relative to 2020 levels....more

Beveridge & Diamond PC

China Demonstrates Increasing Commitment to Addressing Climate Change and Air Pollution Challenges

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In the past few weeks, China has taken major steps to revamp its air pollution and climate change policies, domestically and internationally. On September 25, 2015, China entered into a Joint Statement with the United States...more

Davis Wright Tremaine LLP

California Air Resources Board-Commissioned Report Recommends Ways to Avoid Price Volatility in California’s Cap and Trade Market

Concerned about the potential for price volatility in its cap and trade program, the California Air Resources Board (CARB) commissioned the Market Simulation Group (MSG) at the University of California Energy Institute to...more

Mintz - Energy & Sustainability Viewpoints

The Regional Greenhouse Gas Initiative: Will It Survive Federal Regulation of Greenhouse Gases?

At the same time that leaders from the nine states comprising the Regional Greenhouse Gas Initiative (RGGI) are touting the anticipated benefits of their decision to significantly reduce RGGI’s cap on carbon dioxide emissions...more

Allen Matkins

California Environmental Law and Policy Update - January 2014

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Gov. Brown wants to use cap-and-trade fees to fund high speed rail project - Insurance For Less - Jan 8: Gov. Jerry Brown announced plans to provide new funding for California’s high speed rail project from corporate...more

Davis Wright Tremaine LLP

EPA Reissues Greenhouse Gas Emission Standards for New Power Plants

The U.S. Environmental Protection Agency (EPA) has re-proposed greenhouse gas (GHG) emission standards for new fossil-fuel power plants, exercising existing authority under section 111(b) of the Clean Air Act. Proposed rule...more

Latham & Watkins LLP

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

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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

Morrison & Foerster LLP

California’s Cap-and-Trade Auction Is Not a Tax: Court Decides “Close Question”

Morrison & Foerster LLP on

In a twin set of wins for the state, two lawsuits challenging California’s flagship cap-and-trade auction system first implemented in November 2012 were rejected by Sacramento Superior Court Judge Timothy Frawley this week. ...more

Allen Matkins

California Environmental Law and Policy Update - September 5, 2013

Allen Matkins on

Environmental and Policy Focus - Superior Court upholds California Air -- Sacramento Business Journal - Sep 3: A Sacramento Superior Court judge ruled the state’s 2006 climate change law, Assembly Bill 32, gives...more

Morrison & Foerster LLP

Cleantech: Holding Its Breath

Many had hoped that the start of quarterly auctions under California’s new cap-and-trade program would usher in an era of rapid growth for the cleantech sector....more

K&L Gates LLP

EU votes in favour of temporarily withholding the sale of 900 million EU allowances from the EU carbon scheme

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On July 3, 2013 the members of the European Parliament voted 344-311 in favour of a one-off intervention in the market to withhold the sale of 900 million EU allowances over the next few years (with the intent to return them...more

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