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CARB Releases Final Proposed Amendments to Cap-and-Trade Regulations; Formal Comment Period Commences

The California Air Resources Board’s (CARB) timeline toward amending California’s cap-and-trade regulations progressed with the release of its final proposed amendments and supporting documentation August 2, 2016. Formal...more

Understanding the Re-Vamped TSCA: Federal Preemption Gives Uniform Standards

The reformed Toxic Substances Control Act (TSCA) is the first major environmental law passed since 1990. President Barack Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (H.R. 2576) into law on...more

Court of Appeal Turns a Careful Eye Toward Challenges to California’s Cap-and-Trade Auction System

A California Court of Appeal signaled it is moving closer to making what could be a far-reaching decision in the consolidated cases of California Chamber of Commerce v. California Air Resources Board (Case No. C075930) and...more

New Pennsylvania Methane Rules may be More Stringent than Federal Standards

Gov. Tom Wolf recently announced the creation of a multi-pronged plan to target and reduce methane emissions from unconventional natural gas wells, pipelines, and other sources in the Pennsylvania oil and gas sector. These...more

The Paris Agreement – leading the pathway to a low carbon economy

The agreement adopted on 12 December 2015 in Paris by 195 countries, plus the European Union (the “Paris Agreement”), aims to limit the adverse effects of climate change. The ink was barely dry before the debate opened up as...more

California Takes the Bronze: Implications and Impacts of California’s SB 350

On October 7, Gov. Brown signed into law the Clean Energy and Pollution Reduction Act of 2015 (“SB 350”) 2015. This comes as no surprise, because when the state legislature passed SB 350 on September 11, 2015, Gov. Brown said...more

What to expect when you’re not expecting: Anticipating the outcome of the 2015 Paris Climate Change Conference

The 21st Conference of the Parties (“COP”) to the United Nations Framework Convention on Climate Change (“UNFCCC”) meets in Paris at the end of this year to seek to achieve the vaulted ambition set by the Durban Platform of...more

Pencils Up: Industry Has Opportunity to Make Its Voice Heard on New Biofuel Targets

On May 29, 2015, the U.S. EPA proposed long-delayed biofuel targets for 2014 and 2015 through the renewable fuel standard (RFS) program, and issued a proposal setting the mandates for 2016. EPA released this proposal as part...more

California ‘Under 2 MOU’ Demonstrates Ambition and Bottom Up Support for GHG Reductions in the Lead Up to COP 21

On May 19, 2015, California Governor Jerry Brown entered into a Memorandum of Understanding on Subnational Global Climate Leadership (the “MOU”) with eleven other leaders from jurisdictions in North America, South America and...more

COP 20 – Lima 2014: Déjà vu on the road to Paris

Introduction - The 20th Conference of the Parties (the COP) to the United Nations Framework Convention on Climate Change (the UNFCCC) and the 10th Conference serving as the Meeting of the Parties to the Kyoto Protocol...more

What does the agreement between the United States and China to reduce their greenhouse gas emissions mean to 'Joe Industry'?

All media outlets are discussing a groundbreaking agreement between the United States and China to reduce their greenhouse gas (GHG) emissions. Under the agreement, the United States promised to cut net greenhouse gas...more

CARB’s Invalidation of Offset Credits Highlights Importance of Risk Allocation

On October 8, 2014, the California Air Resources Board (CARB) issued a preliminary determination invalidating more than 230,000 offset credits on grounds that an Arkansas-based chlorofluorocarbons (CFCs) incinerator was not...more

Does the Supreme Court’s Opinion in Utility Air Regulatory Group v. Environmental Protection Agency, et al. (June 23, 2014)...

Background – The Tailoring Rule: On May 13, 2010, the United States Environmental Protection Agency (“EPA”) issued a final rule requiring new or modified stationary sources of Greenhouse Gas (“GHG”) emissions located...more

Is RGGI in Pennsylvania’s Future?

Cap and trade may play a major role in the U.S. Environmental Protection Agency’s (EPA) recent proposal to cut carbon dioxide emissions from existing fossil-fueled electric generating facilities. On June 2, 2014, EPA issued a...more

Business Implications under U.S. Supreme Court’s Affirmance of EPA’s Transport Rule

The Supreme Court Decision - On April 29, 2014, the U.S. Supreme Court, in a 6-2 decision, upheld a U.S. Environmental Protection Agency's (EPA) regulation that seeks to lower cross-state air pollution. (EPA v. EME Homer...more

The Battle Over EPA’s Proposed New Source Performance Standards For Coal Fired EGUs: Adequately Demonstrated or Impermissible...

On September 20, 2013, EPA, under the authority of section 111(b) of the Clean Air Act (CAA), re-proposed its New Source Performance Standards (NSPS) for CO2 emissions from coal-fired utility boilers and integrated...more

The President’s Climate Action Plan and California’s Carbon Market

In June, President Obama unveiled his Climate Action Plan (the Plan). As we reported in a previous Client Alert, President Obama emphasized three overarching goals: reduce domestic carbon dioxide emissions by 17 percent...more

AB 32 Update: Summary of the Basics of Transacting in Offsets Under AB 32

This Client Alert serves as an executive summary for a supplementary white paper, The Basics of Transacting in Offsets under AB 32, and will assist clients in addressing offset transaction risks. The white paper offers an...more

Conventional and Unconventional Operators: Know your Rights re GHG Reporting

Summary: If you are a conventional or unconventional oil and gas operator in Pennsylvania, you have likely received a recent letter from DEP requiring, for the first time, reporting of your greenhouse gas (GHG)...more

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