Washington State's Proposed Mandatory Greenhouse Gas Reporting Rules Differ from Federal Government's Rules – Which Will Prevail?


Businesses operating in the state of Washington might be understandably confused as a result of the Washington Department of Ecology's ("Ecology") release on October 2 of its draft greenhouse gas emission ("GHG") reporting rules, which differ in some material ways from the federal Environmental Protection Agency's ("EPA") reporting rules released on September 22.

The 128-page regulations are the result of a state law passed in 2008 that required Ecology to develop a mandatory GHG reporting system for implementation by 2010. In general the Ecology rules have lower thresholds for reporting and thus would apply to more businesses than would EPA's rules. Here are highlights of the state rules:

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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