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US Government Releases High-Integrity Principles for the VCM

The joint policy statement and principles provide integrity standards for carbon credits that both the US government and participants in the voluntary carbon market should aim to follow. On May 28, 2024, the Biden...more

EPA Grants Louisiana Class VI Primacy

EPA’s transfer of primary enforcement authority to states for carbon capture and storage projects may decrease permitting delays but raise legal questions. Louisiana has become the third state in the United States to...more

COP28: Key Takeaways From the Annual Climate Conference in Dubai

The first global stocktake, Article 6, carbon markets, new finance pledges, and the loss and damage fund formed the major developments at this year’s conference. Between November 30 and December 12, 2023, Dubai hosted the...more

Long-Awaited Guidelines From Article 6.4 Published Ahead of COP28

The Supervisory Body published the Methodology Guidance and the Removal Guidance to be presented for discussion in COP28. After two years of discussion, the Supervisory Body (SB) responsible for determining the...more

China Plans to Relaunch Its Carbon Credits Program

The draft New Measure aims to enhance the environmental integrity of China’s carbon market by introducing new requirements for project registration and credit issuance. China is preparing to relaunch its carbon credits...more

California Passes GHG Emissions Reporting and Climate-Related Financial Risk Legislation

Governor Newsom has committed to signing into law two bills that would require certain companies that do business in California to disclose their GHG emissions and climate-related financial risks. In January 2023,...more

FTC Seeks Public Comments on Green Guides as Part of 10-Year Review Cycle

The updated Green Guides will likely impact legal liability for environmental marketing claims in the years to come. On December 20, 2022, the Federal Trade Commission (FTC) published a notice (hereinafter, the 2022...more

Updates From Week One of COP27: Article 6 Negotiations and US Announcements

Extensive negotiations focused on finalizing the details of a “rulebook” for an international carbon market under Article 6 of the Paris Agreement. The 27th annual Conference of Parties (COP27) of the United Nations...more

California Legislature Passes Four Aggressive Climate Bills and Authorizes Extension of Diablo Canyon

The climate bills championed by Governor Newsom stand to alter the state’s climate policy for years to come. On August 31, 2022, the last day of its 2021-2022 session, the California Legislature passed four climate bills...more

California Legislature to Consider Aggressive Climate Targets

Governor Newsom introduces five ambitious proposals that could alter California’s climate policy for years to come. On August 12, 2022, California Governor Gavin Newsom submitted five climate proposals (the Climate...more

Verra Announces Public Consultation on Proposed Approach to Third-Party Crypto Instruments and Tokens

A major voluntary carbon standard invites comments on linking carbon credits with crypto instruments and tokens, reinforcing the growing importance of blockchain transactions in voluntary carbon markets. On August 3,...more

Canada Launches Its First Federal Greenhouse Gas Offset Credit System

The system aims to stimulate innovation in GHG-reduction activities as part of the country’s 2030 Emissions Reduction Plan. On June 8, 2022, Canada launched the Greenhouse Gas (GHG) Offset Credit System (the System) to...more

CFTC Issues Request for Information on Climate-Related Financial Risk

The agency will use the information to take further steps to address climate risks in the commodity derivatives markets. On June 2, 2022, the Commodity Futures Trading Commission (CFTC) issued a Request for Information...more

California Air Resources Board Releases Draft Scoping Plan Update (Part 2)

CARB opts to stay the course on Cap-and-Trade Program. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update for public review and comment. Assembly Bill (AB) 32, the...more

US Climate Science Special Report Reveals Significant Findings

The US Global Change Research Program (USGCRP) has released the Climate Science Special Report (CSSR or the Report). Published on November 3, 2017, this US-focused authoritative climate change science assessment serves as a...more

GAO Releases Climate Change Report

On October 23, 2017, the Government Accountability Office (GAO), the auditing agency of the US Congress, released a report on climate change titled, “Information on Potential Economic Effects Could Help Guide Federal Efforts...more

California Court of Appeals Upholds Cap-and-Trade Auctions

Yesterday, the Court of Appeals for California’s Third Appellate District issued its decision in California Chamber of Commerce, et al., vs. State Air Resources Board, et al., upholding the district court’s decision and...more

California Proposes Draft Amendments to California Cap-and-Trade Program

On July 12, 2014, the California Air Resources Board (CARB) proposed amendments to the California Cap-and-Trade Program (17 CCR 95800 et. seq.) for the first time since 2014. The amendments include major substantive changes...more

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

Low Carbon Fuel Standard Overview

The California Global Warming Solutions Act of 2006 (aka Assembly Bill 32 or “AB 32?) mandates a reduction in California statewide greenhouse gas (GHG) emissions to 1990 levels by 2020. The Low Carbon Fuel Standard (LCFS) is...more

4/13/2015

California Launches Major Rulemaking to Amend Low Carbon Fuel Standard

I. LCFS Readoption - On February 19, 2015, the California Air Resources Board (ARB) will take feedback on proposed regulations implementing the readoption and updating of California’s Low Carbon Fuel Standard (LCFS),...more

California Low Carbon Fuel Standard Overhaul Continues

I. LCFS Readoption - The California Air Resources Board (“ARB”) is on the cusp of readopting the Low Carbon Fuel Standard (“LCFS”) regulation to remedy legal defects in the initial adoption process found by the...more

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

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

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

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