On July 22, 2024, U.S. Senators Joe Manchin (I-WV) and John Barrasso (R-WY) released a long-awaited energy permitting reform bill, which aims to accelerate the permitting process for critical energy, mineral, and related...more
7/26/2024
/ Energy Policy ,
Energy Projects ,
Energy Reform ,
FERC ,
Infrastructure ,
Judicial Review ,
Liquid Natural Gas ,
Natural Gas ,
Oil & Gas ,
Power Plants ,
Proposed Legislation ,
Regulatory Agenda ,
Statute of Limitations
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
6/20/2024
/ Air Pollution ,
Carbon Capture and Sequestration ,
Carbon Emissions ,
Clean Air Act ,
Clean Energy ,
Climate Change ,
Disclosure Requirements ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Human Rights ,
Net Zero ,
Power Plants ,
Securities and Exchange Commission (SEC) ,
Sustainability ,
Tax Credits
On April 10, 2024, the U.S. Environmental Protection Agency ("EPA") filed a complaint for civil penalties against USA Wholesale, Inc. for the illegal import of hydrofluorocarbons ("HFCs"). HFCs are greenhouse gases used...more
The Situation: The United States Environmental Protection Agency ("EPA") was required to overhaul the greenhouse gas reporting requirements for the petroleum and natural gas industry by the Inflation Reduction Act ("IRA") in...more
On April 19, 2024, EPA announced its highly anticipated final rule designating two polyfluoroalkyl substances ("PFAS")—perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS")—as "hazardous substances" under...more
4/22/2024
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
Superfund ,
Toxic Chemicals ,
Toxic Exposure
On April 10, 2024, the U.S. Environmental Protection Agency ("EPA") announced its highly anticipated final National Drinking Water Regulation ("NPDWR") for six per-and polyfluoroalkyl substances ("PFAS"), which establishes...more
The U.S. Environmental Protection Agency ("EPA") finalized the strictest-ever emission standards for heavy-duty vehicles. On March 29, 2024, EPA announced new emission standards for heavy-duty vehicles for model years 2027...more
The U.S. Environmental Protection Agency ("EPA") announced new stringent emissions standards for automobiles, which the Biden administration has deemed the "strongest-ever vehicle pollution standards" in U.S. history....more
The U.S. Securities and Exchange Commission has adopted much anticipated climate-related disclosure rules....more
3/18/2024
/ Climate Change ,
Disclosure Requirements ,
Emissions Trading System ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Federal Highway Administration ,
Financial Institutions ,
Green Buildings ,
Green Energy ,
Green Infrastructure ,
Greenhouse Gas Emissions ,
Greenwashing ,
Proposed Rules ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
UK
On January 10, 2024, a class action lawsuit survived a motion to dismiss a complaint alleging injury due to misleading "carbon neutrality" branding on bottled water. Dorris v. Danone Waters of America, Case No. 22 Civ. 8717...more
3/15/2024
/ Class Action ,
Environmental Policies ,
Express Warranty ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fraud ,
Goods or Services ,
Green Guides ,
Greenwashing ,
Implied Warranties ,
Misleading Statements ,
Motion to Dismiss ,
Product Labels ,
Putative Class Actions ,
Retail Market ,
Unjust Enrichment
On January 12, 2024, the EPA announced a proposed new rule entitled Waste Emissions Charge for Petroleum and Natural Gas Systems (the "Proposed Rule"). As required by Congress pursuant to the Inflation Reduction Act ("IRA"),...more
3/13/2024
/ Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Methane ,
Natural Gas ,
Oil & Gas ,
Proposed Rules ,
Regulatory Agenda ,
Waste Disposal
This 2023 U.S. Real Estate Round-Up provides key insights to commercial and residential building owners facing a flock of new state environmental, social, and governance ("ESG") laws proposed or taken effect in 2023,...more
The U.S. Environmental Protection Agency ("EPA") has proposed regulations for calculating methane emissions fees required beginning this year under the Inflation Reduction Act ("IRA"). Section 136 of the Clean Air Act (added...more
2/6/2024
/ Clean Air Act ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fees ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Liquid Natural Gas ,
Methane ,
National Emissions Standards ,
Natural Gas ,
Pollution Control ,
Proposed Regulation ,
Proposed Rules ,
Regulatory Agenda ,
U.S. Treasury
Proposed rules would increase the stringency of Clean Air Act standards applicable to facilities that burn 250 tons or more of municipal solid waste per day. Among the U.S. Environmental Protection Agency's ("EPA") latest...more
The Maryland Department of the Environment ("MDE") will publish proposed rules limiting greenhouse gas ("GHG") emissions from covered buildings and requiring covered building owners to submit detailed energy performance...more
12/18/2023
/ Benchmarking ,
BEPS ,
Carbon Emissions ,
Climate Change ,
Data Collection ,
ENERGY STAR Program ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Net Zero ,
Property Owners ,
Proposed Rules ,
Public Comment
The Situation: In 2019, Congress amended the Toxic Substances Control Act ("TSCA") to require the Environmental Protection Agency ("EPA") to promulgate a reporting rule on per- and polyfluoroalkyl substances ("PFAS"). EPA...more
12/12/2023
/ Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Importers ,
Manufacturers ,
PFAS ,
Public Health ,
Regulatory Reform ,
Reporting Requirements ,
Retroactive Application ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA)
The Situation: The Environmental Protection Agency ("EPA") finalized regulations designed to reduce methane emissions from the oil and gas industry by 80% in coming years at both new and existing facilities. The regulations...more
12/12/2023
/ Clean Air Act ,
Congressional Review Act ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Greenhouse Gas Emissions ,
Methane ,
Natural Gas ,
Oil & Gas ,
Regulatory Reform
REGULATORY ISSUES & UPDATES -
Mandatory Climate Change Reporting Requirements Under the New European ESRS E1 -
The implementation of the European Sustainability Reporting Standards poses risks for reporting companies,...more
12/5/2023
/ Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Data Protection ,
Disclosure Requirements ,
Environmental Protection Agency (EPA) ,
EU ,
European Commission ,
Federal Agency Taskforce ,
Green Initiatives ,
Greenhouse Gas Emissions ,
NEPA ,
Net Zero ,
Reporting Requirements ,
Risk Management ,
SFDR ,
State and Local Government ,
Sustainability ,
Taxonomy ,
U.S. Treasury ,
UK
On November 1, 2023, the Pennsylvania Commonwealth Court held that the rulemaking entering Pennsylvania into the Regional Greenhouse Gas Initiative ("RGGI") violated the state constitution. The decision upends regulatory...more
12/4/2023
/ Cap-and-Trade ,
Energy Policy ,
Environmental Policies ,
Fees ,
Greenhouse Gas Emissions ,
Infrastructure ,
Oil & Gas ,
Pennsylvania ,
Pollution Control ,
Preliminary Injunctions ,
RGGI ,
State and Local Government ,
State Constitutions ,
State Taxes
On September 28, 2023, the United States Environmental Protection Agency ("EPA") Office of Enforcement and Compliance Assurance ("OECA") released a memorandum announcing its new Climate Enforcement and Compliance Strategy....more
12/4/2023
/ CERCLA ,
Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
OECA ,
Pollution Control ,
RCRA ,
Renewable Fuel ,
Renewable Fuel Standard
The Situation: The Inflation Reduction Act ("IRA") requires the U.S Environmental Protection Agency ("EPA") to finalize new greenhouse gas reporting rules for the petroleum and natural gas industry based on "empirical...more
REGULATORY ISSUES & UPDATES -
New CFTC Enforcement on Carbon Markets Misconduct -
The U.S. CFTC publishes a rare alert soliciting tips about potential manipulation in the carbon markets and announces the formation of...more
8/18/2023
/ Airlines ,
CARB ,
CFTC ,
Climate Change ,
Environmental Protection Agency (EPA) ,
EU ,
Greenhouse Gas Emissions ,
Greenwashing ,
HFC Emissions ,
Shareholder Litigation ,
UK
On June 20, 2023, the United States Court of Appeals for the District of Columbia Circuit, in Heating, Air Conditioning & Refrigeration Distributors Int'l v. Envtl. Prot. Agency, No. 21-1251, (D.C. Cir. June 20, 2023),...more
8/16/2023
/ Clean Air Act ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Greenhouse Gas Emissions ,
HFC Emissions ,
Notice and Comment ,
Ozone ,
Supreme Court of Appeal ,
Tracking Systems
"Green Day" in the UK -
As part of its "Powering Up Britain" strategy, the UK government has published a series of documents setting out its vision for the UK's transition to net zero and the strengthening of UK energy...more
In Short -
The Development: On May 25, 2023, the United States Supreme Court issued its decision inSackett v. EPA, providing new insight into whether wetlands qualify as "waters of the United States" subject to regulation...more