News & Analysis as of

Carbon Emissions Preemption

Foley Hoag LLP - Environmental Law

The D.C. Circuit Affirms EPA’s Reinstatement of California’s Authority to Set Auto Emissions Limits; Don’t Get Too Excited About...

On Tuesday, in Ohio v. EPA, the D.C. Circuit Court of Appeals denied several challenges to EPA’s decision to restore California’s authority under § 209(b) of the Clean Air Act to regulate emissions from motor vehicles. It’s...more

Holland & Knight LLP

Airline Sued for Greenwashing Over Use of Carbon Offsets

Holland & Knight LLP on

A consumer filed a class action lawsuit against a commercial airline on May 30, 2023, in the U.S. District Court for the Central District of California alleging three violations of California state law related to unfair and...more

Hogan Lovells

EPA proposes new Heavy-Duty GHG phase 3 emission standards for model years 2028-2032

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On April 12, 2023, the Environmental Protection Agency (EPA) issued a Notice of Proposed Rulemaking for “Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles – Phase 3” (the Phase 3 proposed rule or NPRM), establishing...more

Latham & Watkins LLP

US Warehouse Regulation Lawsuit Reaches Critical Stage

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A federal court heard motions for summary judgment in challenge to first-in-nation rule requiring warehouses to adopt clean technologies. By Joshua Bledsoe, Nick Cox, and Jennifer Garlock On April 17, 2023, a US federal judge...more

Hogan Lovells

EPA grants two of three preemption waivers for CARB heavy-duty vehicle and engine regulations

Hogan Lovells on

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

Hogan Lovells

EPA Decision Reinstating California's Clean Air Act Waiver for GHG/ZEV

Hogan Lovells on

Today the U.S. Environmental Protection Agency (EPA) published its Notice of Decision in the Federal Register to rescind EPA’s 2019 withdrawal of California’s waiver of preemption under Section 209 of the Clean Air Act (CAA)...more

Latham & Watkins LLP

California and Key Stakeholders Join Warehouse Regulation Lawsuit

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The State and NGOs seek to defend an emissions rule that trucking and airline trade groups are challenging in federal court. On October 13, 2021, the State of California, on behalf of the Office of the Attorney General...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn

The Earth’s climate is changing. With unprecedented fires in California and the State’s litigation with the federal government, the Brazilian rainforest fires, and the aircraft industry’s inability to curb aircraft emissions,...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2019

This Breakthrough Lithium Extraction Technology Could Accelerate the Sustainable Energy Transition - "A breakthrough nanotechnology from cleantech start-up EnergyX promises to revolutionise the speed, cost and...more

Pillsbury Winthrop Shaw Pittman LLP

EPA-California Legal Showdown Looms Over Authority to Regulate Carbon

Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver. EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more

Vedder Price

Global Transportation Finance Newsletter - December 2018

Vedder Price on

In This Issue: - Federal Safe Harbor from Liability Expanded for Aircraft Lenders and Lessors - ICAO CORSIA Update: Compliance Complexities Under ICAO’s New Carbon Offsetting Scheme Federal Safe Harbor from Liability...more

Foley Hoag LLP - Environmental Law

Minnesota May Not Prohibit Power Sales That Would Increase Statewide CO2 Emissions. Why Not? Pick Your Reason.

If you needed any further proof that energy law is very complicated, Wednesday’s decision in North Dakota v. Heydinger should convince you. The judgment is simple – the 8th Circuit Court of Appeals struck down a Minnesota...more

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