Unpacking California's 2024 Zero Emission Fleet Mandate
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Law Prof: The Clean Air Act Needs a Reboot
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
On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more
A stream of judicial decisions in the pipeline will have important implications for the energy industry. The three cases discussed below are among those that energy litigators and industry professionals are watching in 2024....more
On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the...more
On November 1, 2023, the Commonwealth Court of Pennsylvania, in a five-judge panel decision, issued a long-awaited ruling denying the authority of the executive branch, through the Pennsylvania Department of Environmental...more
It is clear that these have been busy months for federal environmental regulators, especially those working at EPA, the federal departments and the Council on Environmental Quality. Even the Department of Agriculture has...more
After weeks of hints and leaks, yesterday morning (May 11, 2023), EPA proposed a new rule regulating emissions from power plants. The proposed rule would apply to new and existing gas plants and existing coal plants—new coal...more
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
Federal appeals courts in Maryland and Colorado have sent lawsuits seeking to hold energy companies responsible for climate change back to state court even after the U.S. Supreme Court directed the Fourth Circuit to take a...more
Over the past few years, several state and local governments have filed lawsuits against fossil fuel companies, seeking money damages for the effects of climate change on their jurisdictions. These lawsuits serve multiple...more
In the first appellate decision to decide the issue since the Supreme Court decision in BP P.L.C. v. Mayor & City Council of Baltimore, the 10th Circuit ruled this week that climate damage claims brought by several Colorado...more
Key Points - House Democrats press ahead with Build Back Better Act, including $550 billion in climate-related funding. The House will send the package to the Senate to continue negotiations over controversial provisions. ...more
Welcome to Volume 5, Issue 18 of Currents. As always, we cover the gamut of hot topics in the energy industry. In this edition, we provide insights on issues at the local, state and federal levels, as well as international...more
During yesterday’s Senate Environment and Public Works Committee hearing, President Biden’s nominees for Chair of the White House Council on Environmental Quality (CEQ), Brenda Mallory, and for Deputy Administrator the...more
The Obama administration adopted the Clean Power Plan to reduce power sector greenhouse gas emissions in line with its commitments under the Paris Agreement climate accord. The Clean Power Plan invoked Clean Air Act §...more
This is a brief review of recent significant environmental and administrative law rulings and developments. With the change in presidential administrations, the fate of at least some of the newly promulgated rules is...more
Overview of the current energy mix, and the place in the market of different energy sources - Due in large part to the COVID-19 pandemic, U.S. total energy consumption in 2020 is on pace to decline for a second straight...more
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
U.S. Shale Producers Race for Federal Permits Ahead of Presidential Election - "Federal permitting in the largest U.S. oilfield in the Permian Basin, located in Texas and New Mexico, is up 80 percent in about the last three...more
Big Oil repeatedly remanded to state courts - will SCOTUS come to the rescue? "Oil companies facing suits by state and local governments that want them to bear a share of the cost of responding to the consequences of...more
Climate Change Regulatory Issues & Updates - Trump Administration Plans Overhaul of NEPA Review Process The proposed rule changes would considerably limit the scope of environmental reviews of planned energy and...more
It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more
Yesterday President Trump announced on Twitter that the U.S. was revoking California’s waiver under the Clean Air Act (CAA) which allowed it to impose stricter tailpipe emission standards than the federal ones. California’s...more
This is the second issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from across...more
This is the inaugural issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector....more