News & Analysis as of

Climate Change Rulemaking Process

Best Best & Krieger LLP

White House Council on Environmental Quality Finalizes NEPA Phase II Rulemaking

On May 1, 2024, the White House Council on Environmental Quality (CEQ) finalized a rule to undo most of the remaining 2020 Trump Administration changes to the federal environmental review process under the National...more

Greenberg Glusker LLP

CARB and the Attorney General Defend California's Groundbreaking Climate Change Disclosure Laws in Court

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As previously posted, in a landmark legal challenge, a coalition led by prominent business federations is challenging California's pioneering climate disclosure laws, Senate Bill 253 (the Climate Corporate Data Accountability...more

Davis Wright Tremaine LLP

The Oregon Climate Protection Program Is Dead. Long Live the Climate Protection Program?

The Oregon Department of Environmental Quality (DEQ) just announced that it would not appeal a recent decision by the Oregon Court of Appeals invalidating the Climate Protection Program (CPP), Oregon's sweeping administrative...more

Davis Wright Tremaine LLP

Can't Get the Utility to Connect You? CPUC to Address California's Backlog of Electric Service Connections

Electrification is a key pillar in California's effort to decarbonize and combat climate change. Unfortunately, the rapid electrification of buildings, appliances, and transportation, not to mention the proliferation of...more

Harris Beach PLLC

SEC Rulemaking 2023 - An Overview

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In 2023, the Securities and Exchange Commission (SEC) continued its trend of recent years of robust and significant rulemaking that affects the range of players in the securities industry — public companies, broker-dealers,...more

Jenner & Block

An Analysis of California's Landmark Climate Disclosure Laws

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California recently enacted two landmark climate disclosure laws that will require companies doing business in the State above specified revenue thresholds to report their Scope 1-3 greenhouse gas (“GHG”) emissions and...more

Jones Day

Environmental Reviews Under NEPA to Include More Thorough Consideration of Climate Change Risks

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Several recent proposals impacting implementation of the National Environmental Policy Act ("NEPA") demonstrate a renewed focus on considering climate change in federal decision-making. In July, the Council on Environmental...more

Troutman Pepper

Western Pond Turtle Listing Will Impact Land and Water Managers Throughout the Western U.S.

Troutman Pepper on

The U.S. Fish and Wildlife Service (FWS) has proposed listing the northwestern pond turtle (Actinemys marmorata) and the southwestern pond turtle (Actinemys pallida) as threatened species under the federal Endangered Species...more

Sheppard Mullin Richter & Hampton LLP

Change is in the Air: Everything You Need to Know About California’s Sweeping New Climate Disclosure Laws

On October 7, 2023, California Governor Gavin Newsom signed into law two sweeping climate disclosure bills, Senate Bill 253 (“SB 253”), the Climate Corporate Data Accountability Act, and Senate Bill 261 (“SB 261”), the...more

Mintz

A Mintz ESG Primer: The Current State of Environmental, Social, and Governance Matters in American Corporations

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The Mintz Environmental, Social, and Governance (ESG) Working Group developed this ESG primer to provide an overview of the current state of affairs in the United States with respect to the ESG issues that businesses...more

Davis Wright Tremaine LLP

Banking and Consumer Regulatory Digest - October 2023 - 2

The following newsletter provides a roundup summarizing enforcement actions, guidance, rulemakings, and other public statements taken by a federal and/or state financial services regulatory agency, specifically focusing on:...more

Proskauer Rose LLP

California – First State to Enact Climate Reporting Legislation

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On October 7, 2023, California Governor Gavin Newsom signed into law two expansive climate disclosure bills (SB 253 and SB 261), making California the first state in the U.S. to impose requirements on greenhouse gas (“GHG”)...more

Davis Wright Tremaine LLP

Broker Dealer Regulatory Digest - September 2023

Editor's Note - The following newsletter provides a roundup summarizing enforcement actions, guidance, rulemakings, and other public statements taken by a federal and/or state financial services regulatory agency,...more

Perkins Coie

New Rules for Climate Commitment Act Designed To Rein in Compliance Costs

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The Washington Department of Ecology (Ecology) recently announced rulemaking intended to clarify a key cost containment provision of the Climate Commitment Act (CCA), the state’s carbon emissions cap-and-trade program. The...more

Foley Hoag LLP - Environmental Law

Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews

On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more

Eversheds Sutherland (US) LLP

ESG in the United States: A complex landscape

The United States is in the process of transitioning ESG disclosure from voluntary, market-led reporting to a regulatory-driven scheme, principally led by the US Securities and Exchange Commission’s (SEC) anticipated (but...more

Mintz

SEC Climate Change Disclosure Rule Expected in October 2023

Mintz on

This week, the Securities & Exchange Commission indicated--through an update to a GSA website --that the proposed climate change disclosure rule would likely be finalized and released in October 2023. This date is congruent...more

Foley Hoag LLP - Energy & Climate Counsel

California’s Senate Passes Ambitious Climate Disclosure Mandate—Will it Survive the State Assembly?

While the U.S. Securities and Exchange Commission (“SEC”) has been working on its climate disclosure rulemaking for the past 15 months, the California legislature may end up beating it to the punch. The SEC first announced...more

Latham & Watkins LLP

US Nuclear Regulatory Commission Certifies First Small Modular Nuclear Reactor Design

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The move represents a step forward for the small modular nuclear reactor industry, but legislative uncertainty over new nuclear facilities in the US remains. As part of long-range plans to address climate change, many...more

Manatt, Phelps & Phillips, LLP

Greenhouse Gas Disclosure Mandates Advance in California Legislature; SEC Remains Silent

Two bills that would require climate-related disclosures from specified companies doing business in California advanced in the Legislature this week. SB 253 (Wiener) and SB 261 (Stern) passed the Senate Judiciary Committee...more

Goodwin

FinCEN Proposes Form of Report to Collect Beneficial Ownership Information and Application to Obtain FinCEN Identifiers

Goodwin on

Regulatory Developments - FinCEN Proposes Form of Report to Collect Beneficial Ownership Information and Application to Obtain FinCEN Identifiers - On January 17, FinCEN proposed a form of report to collect beneficial...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Fall 2022 Unified Agenda of Regulatory/Deregulatory Actions: Projected U.S. Environmental Protection Agency Activities

The United States Environmental Protection Agency (“EPA”) released a somewhat delayed Fall 2022 Semi-Annual Agenda of Regulatory and Deregulatory Actions (“Agenda”). he Agenda includes information addressing: EPA...more

Latham & Watkins LLP

Updated Timeline for ESG-Related Actions From SEC Under RegFlex Agenda

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​​​​​​​On January 4, 2023, the Office of Information and Regulatory Affairs released the Fall 2022 Regulatory Flexibility Agenda. The agenda includes several updates to the Securities and Exchange Commission’s plans for...more

Maynard Nexsen

Proposed Climate Rule Presents Substantial Compliance Burdens on Federal Contractors

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On November 14, 2022, the Federal Acquisition Regulatory Council (“FAR Council”) issued a proposed rule that will have a sweeping impact on nearly all federal contractors. To implement the policies in Executive Order 14030...more

Nossaman LLP

Service Proposes Listing Two California Salamander Species with Critical Habitat Designations

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On October 18, 2022, the U.S. Fish and Wildlife Service (Service) announced 12-month findings on a petition to list three California-based salamander species under the Endangered Species Act (ESA): the Kern Plateau salamander...more

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