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Carbon Quarterly – Volume 9

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

EPA Issues New Power Plant Rules

Introduction - The United States Environmental Protection Agency (EPA) recently finalized four separate rules (Power Plant Rules) that set new standards for power plant emissions in the United States. Collectively, these...more

Full of Hot Air? EPA Tries Again to Impose Greenhouse Gas Emission Standards on Fossil Fuel-Fired Power Plants

On 11 May 2023, the US Environmental Protection Agency (EPA) announced new standards for carbon dioxide (CO2) emissions from new and existing power plants (the Proposed Rule). EPA projects that the rule, if finalized, would...more

Carbon Quarterly – Volume 6

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Supreme Court Advances Major Questions Doctrine and Limits EPA's Authority to Regulate Power Plant Carbon Emissions

On 30 June 2022, the U.S. Supreme Court issued a decision in West Virginia v. Environmental Protection Agency, limiting the U.S. Environmental Protection Agency’s (EPA) power to regulate carbon emissions from power plants...more

Carbon Quarterly – Volume 5

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Shipping Emissions Remain a Focus of Reintroduced House Bill

In honor of World Oceans Day, House Natural Resources Committee Chair Raúl Grijalva (D-AZ) reintroduced legislation aimed at addressing the ocean impacts of climate change and reforming federal ocean management to better...more

Washington Department of Ecology Preparing New Rule to Assess Greenhouse Gas Emissions

This April, the Washington State Department of Ecology (Ecology) is expected to release a draft of its new rule titled Greenhouse Gas Assessment for Projects (GAP Rule). The GAP Rule could have major impacts on local...more

Carbon Quarterly - Volume 2

The Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency...more

California Bill Seeks Additional Greenhouse Gas Disclosures from Major Public Corporations

State Senator Scott Weiner recently introduced the Climate Corporation Accountability Act (SB 260 or the Bill) on the California Senate floor. If enacted, SB 260 would create mandatory reporting of greenhouse gas (GHG)...more

Carbon Quarterly - Volume 1

The Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation worth paying attention to. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon...more

Growing Opportunities in the Carbon Field for Agriculture and Forestry

Environmental sustainability and carbon management are increasingly part of the lexicon in corporate boardrooms around the world. Private industries around the globe are investing in voluntary efforts to manage their carbon...more

Greenhouse Gas Regulation in Washington; Clean Air Rule Partial Invalidated

On January 16, 2020, the Washington Supreme Court (the “Supreme Court”) invalidated those portions of the Washington Clean Air Rule (“Rule”) that sought to regulate “indirect” emissions of greenhouse gases from businesses and...more

Trump Administration Releases Clean Power Plan Replacement Proposal

Advancing President Trump’s campaign promise to end the “war on coal,” on August 21, 2018, the U.S. Environmental Protection Agency (“EPA”) proposed a new rule to replace the Obama administration’s Clean Power Plan (“CPP”). ...more

EPA Initiates Formal Regulatory Process to Roll Back Clean Power Plan

On Monday, October 16, 2017, the Environmental Protection Agency (“EPA”) published a Notice of Proposed Rulemaking in the Federal Register, marking the start of the formal process to repeal the Clean Power Plan (“CPP”)....more

The Future of California’s Landmark Cap-and-Trade Program is Uncertain

This is the final installment in a three-part series examining carbon policies along the West Coast. In California, legislators are debating the future of its cap-and-trade program beyond 2020, the state is defending...more

Executive Order Directs Federal Agencies to Reconsider Federal Initiatives Focused on Greenhouse Gas Emissions and Climate Change

President Donald Trump signed an Executive Order on March 28, 2017, entitled “Promoting Energy Independence and Economic Growth” (“Order”), which is designed to prompt reconsideration, and in some cases revocation, of the...more

Oregon Lawmakers Consider Carbon Pricing Legislation

This is the second installment in the West Coast Carbon Policy Update — Three Part Series, which will examine carbon policies along the West Coast in Washington, Oregon, and California. In 2007, Oregon passed legislation...more

Washington Continues to Consider a Carbon Tax and Defends Clean Air Rule

This is the first installment in the West Coast Carbon Policy Update — Three Part Series, which will examine carbon policies along the West Coast in Washington, Oregon, and California. While federal efforts to reduce...more

Paris Agreement to Enter into Force: Implications for Enforcement in the United States and Internationally

Global policy on climate change and greenhouse gas regulation is poised to take a significant step forward as the Paris Agreement (“Agreement”) enters into force just before international climate negotiations resume in...more

Energy Infrastructure and Carbon Policy: Impacts & Opportunities

This presentation to the Northwest & Intermountain Power Producers Coalition (NIPPC) reviews the current direction of carbon-reducing public policy and legal trends and their impacts on power producers and developers both...more

CEQ Issues Final Greenhouse Gas Guidance Directing Federal Agencies to Consider Climate Change in their NEPA Reviews

On August 2, 2016, the White House Council on Environmental Quality (“CEQ”) published a final version of its guidance to federal agencies requiring the consideration of greenhouse gas (“GHG”) emissions and effects on climate...more

Constitutional Limits to Greenhouse Gas Regulation: 8th Circuit Relies on the Dormant Commerce Clause to Reject Minnesota’s GHG...

Many states have enacted their own laws to regulate greenhouse gas (“GHG”) emission reductions. Although the specific requirements of each state law differ, many of the laws incentivize the use of renewable energy and...more

The Washington State Department of Ecology Reissues Clean Air Rule

On June 1 the Washington State Department of Ecology (“Ecology”) reissued a draft Clean Air Rule (“CAR”). A prior iteration of the rule was filed on January 6, 2016, but was withdrawn by Ecology to address and incorporate...more

Washington State Department of Ecology Proposes GHG Limits in “Clean Air Rule”

The Washington Department of Ecology (“Ecology”) kicked off what promises to be a busy year in state-level greenhouse gas (“GHG”) regulation by releasing a first draft of the Washington Clean Air Rule (the “Rule” or the...more

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