News & Analysis as of

I’m Still a Cockeyed Optimist When It Comes to Climate Change

Last week, NRG Energy announced plans to reduce CO2 emissions 50% by 2030 and 90% by 2050. And this reduction is not from a 1990 or 2005 baseline; it is from 2014 emissions. NRG’s statement indicated that it had already...more

Historic U.S.-China Agreement to Cut Greenhouse Gas Emissions

In a surprise announcement last evening from Beijing, President Obama and Chinese President Xi Jinping committed to ambitious cuts in carbon emissions over the next 15 years with the hope of preventing catastrophic global...more

Climate Action Plan for San Diego County Struck Down Under CEQA by Court of Appeal for Failure to Comply with Requirements for...

On October 29, 2014, the Fourth District Court of Appeal of California upheld the Sierra Club’s challenges to the County of San Diego’s (“County”) approval of a climate action plan (“CAP”) and related significance thresholds...more

U.S. and China Reach Historic Accord on Climate Change

In a surprise announcement that capped months of secret negotiations, on November 11, 2014, President Obama and Chinese President Xi Jinping announced an historic pact that commits each country to ambitious goals to cap...more

The Obama Clean Power Plan Nuclear Gap

If we want to arrest climate change, all we need are more renewables like wind and solar, right? Not exactly, according to a newly published Canadian report from Hatch Ltd. on lifecycle greenhouse gas emissions (“GHG”). The...more

News Flash: Cap-and-Trade Remains the Most Efficient Way to Reduce Emissions

Notwithstanding Congressional gridlock on climate change legislation, cap-and-trade remains the tried and true efficient method for reducing air emissions. Although the acid rain provisions of the Clean Air Act are the most...more

Carbon and Climate Continue to Create Controversy

Late last month, President Obama addressed the United Nations Climate Summit and just a few days ahead of that, EPA announced that it has extended the comment period on the Clean Power Plant proposed rule to December 1, 2014....more

ML Strategies Energy & Environment Update: Week of 9/23/2014

Energy and Climate Debate - Congress has recessed until after the November elections, and we turn our attention this week to energy and climate issues on the Administration and international fronts....more

Renewable Energy Update -- September 2014 #2

Renewable Energy Focus - Blue and red states going green on energy policy: USA Today - Sep 11: Politically "red" and "blue" states are increasingly turning green as they push energy efficiency and renewable power to...more

ABA Endangered Species Committee Releases Newsletter

The Endangered Species Committee within the American Bar Association's Section on Environment, Energy, and Resources recently released its periodic Endangered Species Committee Newsletter. The newsletter includes articles...more

As Climate Debate Rages On, A New Focus On Methane Emissions

While carbon dioxide emissions have garnered most of the attention in recent months, the Obama administration has also turned its focus to emissions of another greenhouse gas: methane. In March, the administration released a...more

Top 6 at 6: Highlights of the Top Climate Change Legal Stories in the First Half of 2014

Our semi-annual look at the top climate change legal stories is keyed on EPA. You hardly have to have been awake to be aware of the Clean Power Plan and UARG v. EPA. But other things have stirred the pot as well: three...more

EPA & SCOTUS on GHG: U.S. Supreme Court Makes a Statement on EPA Authority to Regulate Greenhouse Gases as the Public Comment...

The last few weeks have brought significant developments in the U.S. Environmental Protection Agency’s (“EPA”) efforts to regulate greenhouse gas emissions. On June 18, 2014, the EPA published for public comment a proposed...more

The Supreme Court’s Greenhouse Gas Permitting Decision – What Does It Mean?

The U.S. Supreme Court today partly upheld and partly rejected the U.S. Environmental Protection Agency’s federal Clean Air Act permitting regulations governing greenhouse gas (GHG) emissions from stationary sources. The...more

Despite Rebuke, EPA May Regulate Stationary Greenhouse-Gas Emitters

On June 23, 2014, in Utility Air Regulatory Group v. EPA et al., No. 12-1146 (and related cases), the Supreme Court held that the Environmental Protection Agency (EPA) may require certain greenhouse-gas emitters to install...more

Climate Change Mitigation: The New Energy Policy

The Administration's Clean Power Plan (the "Plan"), released on June 2 and published on June 18, confirms that climate change mitigation goals are now a key driver of both environmental and energy policy. By imposing total...more

Energy & Environment Update - June 2014

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Agriculture - Department of Commerce - Department of Energy - Department of...more

Energy & Environment Update - June 2014

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Agriculture - Department of Commerce - Department of Energy - Department of...more

The National Climate Assessment and the Nuclear Energy Solution

The White House released on Tuesday the long-awaited Third National Climate Assessment, Climate Change Impacts in the United States (“Assessment”), required by Congress. It contains some stunning findings and does not mince...more

Comments on An Environmental Goods Agreement

The Office of the United States Trade Representative, in the Federal Register of March 28, 2014 on behalf of the Trade Policy Staff Committee, requested comments and issued notice of a public hearing on negotiations for a...more

Climate Change Disclosure - Heads I Win, Tails You Lose?

Arjuna Capital, a sustainable wealth management platform, and As You Sow, an environmental corporate responsibility advocacy group, have been advocating for publicly traded companies to assess and disclose the risks that...more

What’s the Difference Between ExxonMobil and Shell When It Comes To Climate Change? What’s A Trillion Tons (or Tonnes) Among...

Earlier this week, I posted about ExxonMobil’s shareholder disclosure. The bookend to ExxonMobil’s disclosure is the release of the Trillion Tonne Communique by the Prince of Wale’s Corporate Leaders Group. The Communique...more

ExxonMobil Admits Climate Change Is Real. It also Imposes an Internal Cost on Carbon. Still Not Enough to Get Any Love From the...

Last week, in response to shareholder requests that it disclose information regarding how climate change might affect it in the future, ExxonMobil released two reports, one titled Energy and Climate, and one titled Energy and...more

Senate Bill 375 and Susatainable Communities Strategies [Video]

As global climate change has gained recognition, state and local governments have been confronted with what may happen if greenhouse gas (GHG) emissions continue unabated. The Sustainable Communities and Climate Protection...more

Massachusetts Permit for New Natural Gas Plant Incorporates Global Climate Conditions Including Sunset Date

The Massachusetts Energy Facilities Siting Board (Siting Board) approved a certificate for a 630-megawatt natural gas-fired power plant in Salem last month. The certificate is unique in that it incorporates the terms of a...more

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