Emissions Trading System

News & Analysis as of

What Does COP-21 Mean for Business?

6 Answers From Around the Globe - The historic COP-21 Paris Agreement on climate change is the first major development in the climate area at the international level since adoption of the Kyoto Protocol in...more

The Paris Agreement: The Impact on the United States and the EU

This client alert describes the impact on the United States and the EU of the Paris Agreement (“Agreement”), which was the outcome of the 21st session of the Conference of the Parties (“COP 21”) under the United Nations...more

EPA Seeks Comments from Tribes on the Clean Power Plan Proposed Federal Implementation Plan and Model Rules for Emissions Trading

On October 23, 2015, the EPA published its Proposed Federal Implementation Plan (FIP), which includes Model Rules for Emission Trading under the Clean Power Plan. With the formal publication, the EPA opened a 90 day comment...more

EPA Clean Power Plan Could Give a Big Boost to Tribal Renewable Energy and Energy Efficiency Efforts

EPA Clean Power Plan Could Give a Big Boost to Tribal Renewable Energy and Energy Efficiency Efforts On August 3, the EPA released the final rule for the “Clean Power Plan.” Considerably different in many material ways...more

What to expect when you’re not expecting: Anticipating the outcome of the 2015 Paris Climate Change Conference

The 21st Conference of the Parties (“COP”) to the United Nations Framework Convention on Climate Change (“UNFCCC”) meets in Paris at the end of this year to seek to achieve the vaulted ambition set by the Durban Platform of...more

Energy & Environment Update - September 2015 #4

ENERGY AND CLIMATE DEBATE - After a busy week with Yom Kippur and visits from Pope Francis and Chinese President Xi Jinping, Congress is focusing this week on finalizing a continuing resolution and preparing for new...more

The Clean Power Plan May Revive Interest in Nuclear Generation in Some Regions

The dim prospects for nuclear-generated power in the United States may have received a glimmer of light from the Environmental Protection Agency's Clean Power Plan (CPP). Nuclear industry representatives are encouraged by...more

Stop the Presses: RGGI Works

When the Regional Greenhouse Gas Initiative was first implemented, there were questions regarding how much of an impact it would actually have on GHG emissions. I recall Ian Bowles, then Secretary of Environmental Affairs in...more

Obama Administration Adopts Landmark Clean Power Plan

Citing “immediate risks” to national security, public health, and the economy, the Obama Administration adopted ambitious regulations and policies to implement its Clean Power Plan, establishing the first ever national...more

President Obama, EPA Unveil Final Greenhouse Gas Emissions Reduction Rule

Although legal hurdles remain, EPA’s Clean Power Plan envisions sweeping changes to the electricity generation sector designed to mitigate climate change concerns through reduction of carbon dioxide emissions by 2030, and it...more

Brussels Regulatory Brief: July

Antitrust and Competition - European Court Confirms Commission’s Jurisdiction for Fighting International Cartels On 9 July 2015, the Court of Justice of the European Union (‘CJEU’) upheld the EUR 288 million fine...more

Energy & Environment Update - August 2015

Energy and Climate Debate - Energy and climate issues have had a big week, with the Senate Energy and Natural Resources Committee approving its bipartisan broad energy package and President Obama unveiling the final...more

Even With Changes To Its Final Clean Power Plan, More Litigation Is On the Horizon for EPA

Responding to over 4 million comments received on its June 2014 proposed rule, the United States Environmental Protection Agency (EPA) has made changes to its controversial plan to regulate carbon dioxide (CO2) emissions from...more

The Obama Administration’s New Climate Plan to Increase Renewables

The Obama Administration and the U.S. Environmental Protection Agency (EPA) on Monday unveiled the long-anticipated Clean Power Plan (the Plan), which is intended to reduce overall carbon output by, in part, promoting the...more

Obama Administration Unveils Clean Power Plan

President Obama unveiled the final Clean Power Plan (CPP) this past weekend – the first ever national standard to address CO2 pollution from power plants. The CPP sets strong standards to reduce carbon dioxide emissions by...more

The Clean Power Plan. Is Better Good Enough? Is More Defensible Defensible Enough?

So the Clean Power Plan is out. It’s difficult to be pithy about such a big, sprawling, mess, other than to say that it’s probably about as good as it could be, though that may not be enough. Here are a few items that have...more

EPA Finalizes Carbon Pollution Emissions Standards for Power Plants

Today EPA released its final Clean Power Plan, its first-ever regulations aimed at reducing carbon pollution from electric power plants. The final rule contains several significant changes from the proposed rule that was...more

EU Court of Justice rules on consequences for operators who understate emissions in a verified report

On April 29, 2015, the Court of Justice of the European Union (ECJ) gave its judgment concerning penalties for failing to surrender sufficient emission allowances under Article 16(3) of the EU Emissions Trading Scheme (EU...more

Don’t Skip the Credits: The Oft-Overlooked Importance of Air Emission Credits in Mergers and Acquisitions

There is no shortage of environmental matters to navigate when buying a company or facility. Environmental counsel must first lead a diligence effort that delineates the target’s environmental footprint and then suss out the...more

China Outlines Plans for its Carbon Trading Markets

The Climate Department of China’s National Development and Reform Commission (NDRC) recently published an article entitled “Regarding the Fundamental Conditions and Operational Thinking Behind the Promotion and Establishment...more

Carbon Matters - Winter 2014/2015 (Global)

In This Issue: - EU Emissions Trading System - Surprise Agreement On The Road To Paris - Changes to climate change agreements on the horizon - Fracking – The Saga Goes On - In Brief - Excerpt from...more

Virginia Proposes Nutrient Trading Regulations: Established Concept, New Medium

This week, Virginia formally proposed Nutrient Trading Certification Regulations. The program will establish a market in phosphorus and nitrogen removal credits. Although the program is welcome news, it should be neither...more

MiFID II: Commodity Derivatives and Emissions

MiFID II is the latest piece in a package of European and global reforms impacting commodity derivatives and emissions traders, drawn up in response to concerns as to excessive speculation and volatility in the commodities...more

International Implementation of EU Emission Trading Scheme Still Unsettled - The Scope of the Emission Trading Scheme Remains...

The European Union (EU) adopted a regulation in April 2014 that continued the application of the European Union Emission Trading Scheme (ETS) as to flights operated inside the European Economic Area (EEA). But implementation...more

Bank Julius Baer Customer Implicated in Alleged Tax Fraud

Reuters is reporting that Bank Julius Baer is cooperating with French authorities in their criminal investigation into an alleged value-added-tax (“VAT”) fraud in the EU Emissions Trading System. ...more

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