Jean-Philippe Brisson

Jean-Philippe Brisson

Latham & Watkins LLP

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EPA Finalizes Historic Greenhouse Gas Emission Reduction Program

Existing and new power plants face increasing complexity as EPA’s historic final rule regulating greenhouse gas emissions represents a major expansion of EPA’s regulatory authority. In a rare presidential announcement of...more

8/19/2015 - Carbon Emissions Clean Air Act Clean Power Plan Coal-Fired Generation Energy Sector Energy Tax Incentives EPA Final Rules Greenhouse Gas Emissions Natural Gas Nuclear Power Oil & Gas Power Plants

Outstanding Design Flaws in California’s Cap-and-Trade Program

On January 1, 2013, California embarked on a grand experiment with the launch of the world’s most complex cap-and-trade program. Under this program, companies operating in California, such as food processors, power producers...more

10/16/2014 - California Air Resources Board Cap-and-Trade Carbon Auctions Food Manufacturers Greenhouse Gas Emissions Importers Manufacturers Power Plants Refineries

US Supreme Court Denied Certiorari Regarding the Constitutionality of California's Low Carbon Fuel Standard

Today, the US Supreme Court denied certiorari regarding the constitutionality of California’s Low Carbon Fuel Standard (LCFS) in Rocky Mountain Farmers Union v. Corey. ...more

7/1/2014 - Certiorari Low Carbon Fuel Standard SCOTUS

EPA Proposes Unprecedented Greenhouse Gas Emission Reduction Program

We analyze EPA’s novel proposal to regulate greenhouse gas emissions from existing power plants as it will shape its regulation of other industry sectors. On June 2, 2014, EPA released its long-anticipated proposal to...more

6/6/2014 - Air Pollution Air Quality Standards Carbon Emissions EPA Greenhouse Gas Emissions NAAQS Power Plants

The Supreme Court Upholds EPA’s Cross-State Air Pollution Rule

Decision in EME Homer City upholds CSAPR, but additional legal challenges and EPA revisions may still significantly alter CSAPR and delay its implementation. On Tuesday, April 29, the United States Supreme Court...more

5/5/2014 - Clean Air Act Cross-State Air Pollution EPA v EME Homer City SCOTUS

California’s LCFS Surviving Challenges As Major Changes Loom

The Air Resources Board proposes to merge court-mandated re-adoption of the Low Carbon Fuel Standard with other significant program changes. The Low Carbon Fuel Standard (LCFS) continues to generate uncertainty due to...more

4/2/2014 - Fuel Standards Renewable Fuel Standard

What To Expect from the Environmental Commodity Markets in 2014

“In the US, there are two regulatory programs that require blenders and refiners to mix a certain percentage of biofuels into their traditional supply of crude oil,” said Brisson. “We’ve seen a number of issues in 2013 with...more

3/13/2014 - Biofuel CFTC Commodities Commodity Pool Oil & Gas Renewable Fuel RGGI

EPA Proposes Reducing Renewable Fuel Mandate, Citing Market Issues and Technical Constraints

Several aspects of the Agency’s proposal raise issues for industry to address in comments and explore in the rulemaking process. Background and Summary - On November 29, 2013, the US Environmental Protection...more

1/3/2014 - Biomass Clean Air Act EPA Renewable Fuel Renewable Fuel Standard

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

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

11/21/2013 - California Air Resources Board Cap-and-Trade Carbon Emissions Environmental Policies

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

The decision, which will almost certainly be appealed, allows the Air Resources Board tocontinue to auction emission allowances. On November 12, 2013, a California trial court decided that the California Air Resources...more

11/19/2013 - Cap-and-Trade Carbon Emissions Greenhouse Gas Emissions Proposition 13

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