News & Analysis as of

Executive Orders Greenhouse Gas Emissions

Holland & Knight LLP

Construction Industry Update: EPA's New Label Program for Construction Material

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The U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention released the Implementation Approach for the U.S. EPA Label Program for Low Embodied Carbon Construction Materials on Aug. 7,...more

Goldberg Segalla

EPA Finalizes New Rule Requiring More Than 200 Chemical Plants to Reduce Toxic Emissions

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The U.S. Environmental Protection Agency announced April 9 a set of final rules under sections 111 and 112 of the Clean Air Act (CAA) to significantly reduce toxic air pollution from more than 200 chemical plants in the...more

Holland & Hart LLP

EPA Doubles Down on Enforcement to Address Climate Change

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In its latest move to address climate charge, the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA) on September 28, 2023 issued a memorandum titled “EPA’s Climate Enforcement and...more

Cadwalader, Wickersham & Taft LLP

President Biden Signs New Environmental Justice Executive Order

On April 21, 2023, President Biden announced new initiatives to further his administration’s commitment to addressing the impact of climate change on communities “with environmental justice concerns,” including low-income...more

Pillsbury Winthrop Shaw Pittman LLP

Fifth Circuit Permits the Use of the Social Cost of Carbon, For Now

The court’s decision allows the Biden administration to further develop the Social Cost of Carbon (SCC) but leaves open the possibility of future judicial scrutiny of its implementation. The Fifth Circuit’s ruling allows...more

Holland & Knight LLP

States' Challenge to Use of "Social Cost of Greenhouse Gases" in Federal Policymaking Dismissed

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The U.S. Court of Appeals for the Fifth Circuit on April 5, 2023, dismissed the state of Louisiana's challenge to federal agencies use of the "social cost of greenhouse gases" in federal decision making.1 Several...more

Venable LLP

An Upcoming Proposal Will Impact Federal Acquisition of Real Estate - But How?

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As part of his administration's all-of-government response to climate concerns, on December 8, 2021 President Biden issued Executive Order (E.O.) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal...more

Akin Gump Strauss Hauer & Feld LLP

Proposed Changes to the Federal Acquisition Regulation Addressing Disclosure of Greenhouse Gas Emissions and Climate-Related...

In November 2022, the U.S. government, acting through the Department of Defense, General Services Administration, and National Aeronautics & Space Administration, issued a proposed rule that would amend the Federal...more

McCarter & English Blog: Government Contracts...

An Inconvenient Requirement: New Proposed Rule Would Require Federal Contactors to Disclose Greenhouse Gas Emissions

In 2006, the documentary An Inconvenient Truth chronicled former Vice President Al Gore’s efforts to educate the public on the consequences of climate change. In the sixteen years since the Academy Award-winning film was...more

Pillsbury Winthrop Shaw Pittman LLP

Proposed Rule on Greenhouse Gas Emissions Would Impose Significant Compliance Obligations on Federal Contractors

The Federal Acquisition Regulatory Council recently issued a far-reaching proposed rule that includes significant compliance obligations for contractors related to their greenhouse gas emissions. Most federal contractors,...more

AEON Law

Patent Poetry: Patent Office Announces Climate Change Mitigation Pilot

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Earlier this year, the US Patent and Trademark Office (USPTO) announced its Climate Change Mitigation Pilot Program. This program aligns with and supports President Biden’s Executive Order 14008, which notes:...more

Sheppard Mullin Richter & Hampton LLP

Proposed Rule Requires Contractors to Disclose Greenhouse Gas Emissions and Climate-Related Financial Risk

On November 14, 2022, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published a proposed rule that would amend the Federal Acquisition...more

Womble Bond Dickinson

New North Carolina Executive Order Aims to Increase Percentage Zero-Emission Trucks & Buses Purchased in the State

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A new Executive Order by North Carolina Gov. Roy Cooper aims to accelerate the state’s shift to zero-emission trucks and buses. The Executive Order aims to increase the availability of zero-emission medium- and heavy-duty...more

Schwabe, Williamson & Wyatt PC

Federal Proposals for Greenhouse Gas Emissions ‎

On May 20, 2021, President Biden issued Executive Order 14030, Climate-Related Financial Risk, which directed the implementation of policies that would “advance consistent, clear, intelligible, comparable, and accurate...more

Maynard Nexsen

Proposed Climate Rule Presents Substantial Compliance Burdens on Federal Contractors

Maynard Nexsen on

On November 14, 2022, the Federal Acquisition Regulatory Council (“FAR Council”) issued a proposed rule that will have a sweeping impact on nearly all federal contractors. To implement the policies in Executive Order 14030...more

Wiley Rein LLP

FAR Council Proposes to Create a New Standard of Contractor Responsibility: Requiring Contractors to Disclose Greenhouse Gas...

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WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued a proposed rule requiring certain contractors to make representations regarding greenhouse gas (GHG) emissions and climate-related financial risk,...more

Morrison & Foerster LLP - Government...

White House Announces Federal Supplier Climate Risks And Resilience Rule

The Biden Administration unveiled details regarding a forthcoming proposed Federal Acquisition Regulation (FAR) rule on Greenhouse Gas (GHG) emission disclosures for major federal suppliers on November 10, 2022....more

PilieroMazza PLLC

Biden Proposes Emissions Reduction and Reporting Standards for Federal Contractors

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The Biden-Harris Administration recently published a proposed rule on Federal Supplier Climate Risks and Resilience (Proposed Rule). The Proposed Rule intends to further the goals set forth in Biden’s Executive Order on...more

Akin Gump Strauss Hauer & Feld LLP

Executive Order on Forests, Communities, and Local Economics Comment Period Open

The Department of State (“State Department”) recently announced that it is seeking public comments related to the Biden-Harris administration’s Executive Order on Strengthening the Nation’s Forests, Communities, and Local...more

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

State Departments of Transportation/Metropolitan Planning Organizations: Federal Highway Administration Proposed Rule Requiring...

The Federal Highway Administration (“FHWA”) announced a notice of proposed rulemaking (“NPRM”) that would: Amend FHWA regulations governing national performance measures to require state departments of transportation...more

Buchalter

CARB Releases Draft 2022 Scoping Plan Update

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After extensive collaboration with other state agencies and nearly a year’s worth of public workshops on scoping plan topics and modeling, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update...more

Venable LLP

CEQ Finalizes Phase I NEPA Regulations, Rescinding Key Portions of 2020 Amendments; Phase II Still to Come

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On April 20, 2022, the Council on Environmental Quality (CEQ) published a final rule revising its National Environmental Policy Act (NEPA) regulations. This rule (the "Phase 1 Rule") originates from two executive orders (E.O....more

(ACOEL) | American College of Environmental...

Clean Air Act Cost Benefit Analysis Is Required Only When Authorized By Statute, Except If It Is Imposed By Executive Order, But...

The law of regulatory cost benefit analysis just became even more incoherent under a ruling of the Western District of Louisiana enjoining implementation of President Biden’s executive order setting parameters to establish...more

Womble Bond Dickinson

New North Carolina Executive Order Sets Ambitious Targets for Curbing Greenhouse Gas Emissions and Boosting Zero-Emission Vehicle...

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On January 7, North Carolina Governor Roy Cooper issued Executive Order No. 246 affirming North Carolina’s commitment to a clean energy economy and directing next steps in the State’s plan to achieve net-zero greenhouse gas...more

Latham & Watkins LLP

President Biden Outlines Comprehensive Plan for Federal Sustainability

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The president’s executive order aims to use the US government’s procurement power to achieve “carbon pollution-free electricity” by 2030 and net zero emissions by 2050. On December 8, 2021, President Biden issued an...more

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