The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
California Attorney General (AG) Rob Bonta and the California Air Resources Board (the Board) have reached a $46 million agreement with engine manufacturer Cummins Inc. to settle alleged violations of California’s engine...more
Motor carriers and equipment manufacturers are closely watching federal and California Air Resources Board (CARB) developments in the future of vehicle emissions. The headline has long been that a transition from internal...more
What are the top legal and practical concerns stemming from a key California climate-change initative, its Advanced Clean Fleets (ACF) rule that went into effect in October 2023? This initiative by the California Air...more
This week, the California legislature approved Senate Bill 253, the Climate Corporate Data Accountability Act (SB 253), and Senate Bill 261, Greenhouse gases: climate-related financial risk (SB 261), which are headed to...more
On April 28, California’s Air Resources Board (CARB) approved new regulations which would phase out the sales of medium and heavy-duty combustion trucks in California by 2036. The goal is to fully transition existing fleets...more
California has been pushing hard recently to lose its status as the second-largest contributor of the nation’s greenhouse gases (still comfortably behind Texas.) ...more
What is the significance of EPA’s March 30, 2023 Notice of Decision (pre-publication) granting two separate requests for waivers of Clean Air Act (“CAA”) preemption for California Air Resources Board (“CARB”) regulations...more
The California Air Resources Board approved its final 2022 Scoping Plan update on December 15, 2022. The plan is the most ambitious in the country in terms of proposed greenhouse gas reduction efforts, chiefly aiming to reach...more
Sen. Joe Manchin’s (D-WV) permitting reform hit the end of the road, failing with a vote of 47-47—however, Senate Democrats and Republicans signaled interest in addressing permitting approval in the new Congress....more
As we reported previously, the California Air Resources Board (CARB) has taken a highly anticipated vote on its final proposed plan for addressing climate change. ...more
California is demonstrating that its promises on climate change are not just hot air; they’re a policy priority for the State that will require groundbreaking action. The California Air Resources Board (CARB) is rolling out...more
[co-author: Kerry Mackenzie and Leila Fleming] The Federal Acquisition Regulatory Council (FAR Council) released a proposed rule that would establish greenhouse gas emissions reporting requirements that would impact...more
EPA proposes designating certain PFAS 'forever chemicals' as hazardous substances - CNN – August 26 - The U.S. Environmental Protection Agency (EPA) announced today that it proposes to designate certain per-and...more
[co-author: Leila Fleming] Good evening! This is Akin Gump’s weekly policy newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from this past week and...more
[co-author: Leila Fleming] Supreme Court Restricts the EPA’s Authority to Mandate Carbon Emissions Reductions (NPR) - On Thursday, the Supreme Court invoked the “Major Questions Doctrine” in West Virginia v. EPA to...more
The Center for Law, Energy, and the Environment (CLEE) at Berkeley Law last month, in conjunction with the Emmett Institute on Climate Change and the Environment at UCLA Law, issued Driving Equity, a new reportaimed at...more
The California Air Resources Board’s proposal to reduce statewide greenhouse gas emissions calls for “squeezing the carbon out of every sector” of California’s economy....more
CARB addresses California’s increasingly severe climate impacts. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update (Draft Scoping Plan) for public review and comment....more
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
The Draft 2022 Scoping Plan Update takes an all-of-the-above approach to decarbonize California. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update for public review...more
California attorney general subpoenas ExxonMobil, opens major investigation into plastic pollution - The Mercury News - April 28 - California Attorney General Rob Bonta on Thursday announced a major investigation into...more
The California Air Resources Board ("CARB") is conducting public workshops during the fall of 2021 as part of its planning for the next Climate Change Scoping Plan, which will lay out strategies for achieving California's...more
This past summer, we have seen the risks of climate change manifest worldwide in the form of rising sea levels, severe droughts, massive wildfires, devastating floods, extreme heat, and other ecological disasters. Fifteen...more
Bay Area air quality regulators adopt stringent refinery particulate emissions standard - Reuters – July 21 - The governing board of the Bay Area Air Quality Management District (District) on Wednesday adopted...more
EPA considers placing limits on ‘forever chemicals’ in drinking water - The Guardian – July 14 - The U.S. Environmental Protection Agency (EPA) announced this week that it is proposing to include the entire class of...more