News & Analysis as of

Carbon Emissions Public Comment

Benesch

California Regulators Roll Out Aggressive Framework To Further Freeze Out Carbon Emissions in Refrigerated Transportation

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On May 22, 2024, the California Air Resources Board (CARB) unveiled a high-level framework for what is known as “TRU Part 2” to eliminate carbon emissions created by refrigerated equipment utilized in the transportation of...more

Jones Day

Maryland to Propose Building Energy Performance Standards

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The Maryland Department of the Environment ("MDE") will publish proposed rules limiting greenhouse gas ("GHG") emissions from covered buildings and requiring covered building owners to submit detailed energy performance...more

Holland & Knight LLP

Answers to 4 Major Questions: EPA Proposes Power Plant GHG Rule After West Virginia v. EPA

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The U.S. Environmental Protection Agency (EPA or Agency) on May 23, 2023, published a new suite of proposed standards for coal- and gas-fired power plants that will limit greenhouse gas (GHG) emissions. The proposed rule...more

Foster Garvey PC

Online Travel Update: Biden Administration Announces Plan to Tackle “Surprise Fees”

Foster Garvey PC on

This week’s Update delves back into resort fees and includes a story detailing planned future regulation of the fees by the FTC. While resort fees may not technically be an “online issue,” potential federal regulation will...more

Bowditch & Dewey

Boston Proposes Zero Net Carbon Building Zoning Initiative

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The City of Boston and the Boston Planning and Development Agency (“BPDA”) have put forward a new proposal, known as the zero net carbon building zoning initiative, which would require that newly constructed buildings over...more

Morgan Lewis

EPA Proposes Including 'Fugitive' Air Emissions for Major Source Permitting

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The US Environmental Protection Agency recently proposed a rule change that would formally repeal a 2008 rule and require all existing major industrial facilities to include “fugitive” emissions in preconstruction evaluations...more

Morgan Lewis

California Air Resources Board Unveils Plan to Achieve Carbon Neutrality by 2045

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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

Latham & Watkins LLP

California Air Resources Board Releases Draft Scoping Plan Update (Part 3)

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CARB doubles down on LCFS Program and liquid transportation fuels. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update (Draft Scoping Plan) for public review and...more

Allen Matkins

California Environmental Law & Policy Update - May 2022 #2

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Southland air regulators threaten to sue EPA for failure to control federally-regulated emissions sources Bullet - Los Angeles Times - May 10 - The South Coast Air Quality Management District (District), which oversees a...more

Foley Hoag LLP - Energy & Climate Counsel

TCI Update: Final Model Rule Addresses EJ, but Political Will May Be Lacking

On June 10, 2021, the Transportation Climate Initiative Program (TCI-P) states released a final model rule creating a regional cap-and-trade-program to reduce carbon emissions from the transportation sector. We wrote about...more

Latham & Watkins LLP

US Department of Labor Puts ESG Investing on Ice

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In its finalized rule amending ERISA, the DOL makes financial factors paramount in a fiduciary’s responsibility to investors. On October 30, 2020, the US Department of Labor (DOL) published Financial Factors in Selecting...more

Allen Matkins

Renewable Energy Update - November 2020

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California leading push for renewable power - Bullet KPBS – October 26 - The use of renewable energy is surging in California. A new report from Environment California Research shows that there has been a huge jump in...more

Holland & Knight LLP

California Governor Bans Internal Combustion Engines, Effective 2035, to Combat Climate Change

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Citing the urgency of climate change, California Gov. Gavin Newsom issued Executive Order N-79-20 on Sept. 23, 2020, to dramatically reduce greenhouse gas emissions and "more quickly move toward our low-carbon, sustainable...more

Latham & Watkins LLP

California to Require 100% Zero-Emission Passenger Vehicle Sales by 2035

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The Governor has issued an Executive Order with sweeping implications for the oil and gas industry and others. On September 23, 2020, California Governor Gavin Newsom signed Executive Order N-79-20, which will have...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PSD Guidance/Clean Air Act: Federal Appellate Court Addresses Whether Document Constitutes Final Agency Action

The United States Court of Appeals for the D.C. Circuit (“Court”) addressed whether a guidance document issued by the United States Environmental Protection Agency (“EPA”) constituted final agency action for purposes of...more

Downey Brand LLP

California Air and Climate Vol. 12: CARB Targets Railyard and At Berth Vessel Emissions; San Joaquin Valley APCD to Require...

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CARB Holds Public Workshops to Develop Measures to Reduce Railyard and Locomotive Emissions - The California Air Resources Board (CARB) recently held a series of public meetings and workshops to develop concepts to reduce...more

Latham & Watkins LLP

CARB Attempts to Contain LCFS Credit Prices

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In recent LCFS amendments, CARB introduced a new price cap on all LCFS credit transfers and authorized limited future credit borrowing. On November 21, 2019, the California Air Resources Board (CARB) passed Resolution...more

Williams Mullen

Virginia Breaking Blue: Spotlight on Air Issues

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In November, Democrats won control of the House of Delegates and kept control over the Commonwealth’s Senate. Now, Democrats control both the Executive and Legislative branches of government in the Commonwealth of Virginia....more

Beveridge & Diamond PC

Transportation and Climate Initiative Issues Draft Cap-and-Investment MOU, Seeks Public Comment

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On December 17, 2019, the Transportation and Climate Initiative (TCI), comprising 12 East-coast states and the District of Columbia, issued a draft Memorandum of Understanding (MOU) that would lay the framework for a...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 40, October 2019 #5

Expenses and Delays Continue for Mountain Valley Pipeline, Where Work has Halted Again - "The pipeline’s developers announced that construction now isn’t expected to concluded until late next year at a cost of $5.3 to $5.5...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

Orrick, Herrington & Sutcliffe LLP

Carbon Capture Sequestration – Orrick Responds to the IRS Request for Comments

On May 2, 2019, the Internal Revenue Service ( the “IRS”) released Notice 2019-32 (the “Notice”) which requested comments for Carbon Oxide Sequestration Section 45Q of the Internal Revenue Code....more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Environmental Protection Agency Affordable Clean Energy Rule: October 31st Arkansas Department of Environmental Quality...

The Arkansas Department of Environmental Quality (“ADEQ”) submitted October 31st comments to the United States Environmental Protection Agency (“EPA”) on its proposed rule: Emission Guidelines for Greenhouse Gas Emissions...more

Jones Day

EPA Offers ACE Rule to Trump Clean Power Plan

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Outlined in an Environmental Protection Agency ("EPA") proposal published on August 31, 2018, the Affordable Clean Energy ("ACE") rule would replace the Obama Administration's Clean Power Plan ("CPP"). A 60-day public comment...more

Holland & Knight LLP

EPA Releases Proposed Affordable Clean Energy Rule to Replace Clean Power Plan

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• The U.S. Environmental Protection Agency (EPA) has issued a proposed rule to reduce greenhouse gas (GHG) emissions from existing coal-fired power plants, a replacement for the Clean Power Plan (CPP) finalized by the Obama...more

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