Greenhouse Gas Emissions

News & Analysis as of

North American Leaders Announce Energy Plan

On June 29, 2016, the North American Climate, Energy, and Environment Partnership was announced by Prime Minister Justin Trudeau, President Barack Obama, and President Enrique Peña Nieto at the North American Leaders Summit...more

California Proposes Draft Amendments to California Cap-and-Trade Program

On July 12, 2014, the California Air Resources Board (CARB) proposed amendments to the California Cap-and-Trade Program (17 CCR 95800 et. seq.) for the first time since 2014. The amendments include major substantive changes...more

Constitutional Limits to Greenhouse Gas Regulation: 8th Circuit Relies on the Dormant Commerce Clause to Reject Minnesota’s GHG...

Many states have enacted their own laws to regulate greenhouse gas (“GHG”) emission reductions. Although the specific requirements of each state law differ, many of the laws incentivize the use of renewable energy and...more

Land Use Matters: Alston & Bird LLP, July 2016

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

Diablo Canyon Settlement May Hinge on Cost Allocation

On June 21, 2016, Pacific Gas and Electric Company (“PG&E”) announced a plan to close down the state’s last remaining nuclear power plant, the 2.3 gigawatt Diablo Canyon plant near San Luis Obispo, by 2026. Diablo Canyon...more

California Environmental Law & Policy Update - July 2016 #2

Environmental and Policy Focus - Air Resources Board releases plan to extend cap-and-trade system to 2050 - Scientific American - Jul 13 - The California Air Resources Board (“ARB”) this Tuesday released a...more

Sneak Peek: The Future of California’s Cap and Trade

Few government pronouncements are as highly guarded or anticipated as details of a California Air Resources Board (ARB or Board) Cap and Trade amendment package. It may sound wonky, and Janet Yellen may disagree, but...more

CEQA Remedies Statute Does Not Authorize Appellate Court To Issue Writ And Supervise Compliance On Direct Appeal, Holds Second...

In the published part of a partially published opinion filed July 11, 2016, the Second Appellate District Court of Appeal held that Public Resources Code § 21168.9 does not authorize an appellate court to issue and supervise...more

Dentons' methodology approved by American Carbon Registry

In April, the American Carbon Registry (ACR) at the end of April, approved a methodology—designed by lawyers from Dentons' Environment and Natural Resource practice—that incentivizes the use of low global warming potential...more

Democrats reach compromise on hydraulic fracturing as EPA continues its working on regulating methane

In the US, there is growing divide on how to reduce methane emissions from the oil and gas sector. This debate is impacting Democratic presidential politics and could affect future regulatory efforts at the federal, state and...more

Earlier Peak Emissions in China’s Most Developed Cities

At the China-US Climate-Smart / Low Carbon Cities Summit held in Beijing on June 7 and 8, 2016 the world’s two largest carbon dioxide emitters announced expanded co-operation in their efforts to counter climate...more

Supreme Judicial Court Orders the Massachusetts Department of Environmental Protection to Expand Greenhouse Gas Regulation

More greenhouse gas regulation is on the horizon as a result of the Massachusetts’ top court’s decision in Kain v. MassDEP. The Massachusetts Supreme Judicial Court ordered the Massachusetts Department of Environmental...more

Lack of Court Direction Requires Developers and Lenders to Estimate Their Own Significance Thresholds for GHG Emissions Past 2020

This June, the California Supreme Court heard the last set of oral arguments before breaking for the summer. Cleveland National Forest Foundation v. San Diego Association of Governments, 231 Cal.App.4th 1056 (2014)...more

Water as a Highway: Back to the Future

Florida's economic prosperity is integrally and intimately tied to water and water resources. Nearly two-thirds of our population is clustered in major urban areas situated on the Atlantic Ocean or Gulf of Mexico. Most of...more

European Securities and Markets Authority Opines on Regime for Disclosure of Inside Information by Emission Allowance Market...

The European Securities and Markets Authority published its Opinion on the proposed requirements for Emission Allowance Market Participants to disclose inside information under the Market Abuse Regulation...more

Significant developments in Canadian energy – for the month of June 2016

June 22, 2016 – In response to the Redwater decision (discussed below) and pending the outcome of an appeal, the Alberta Energy Regulator (AER) implemented interim changes to its regulatory measures “to minimize risks to...more

The potential impact of Brexit on the EU Emission Trading System and future UK climate policy

Through the referendum held on 23 June 2016, the United Kingdom voted to end its membership of the EU. Although the timeframe for withdrawal under Article 50 of the Lisbon Treaty limits the window for negotiations to two...more

EPA’s Enforcement Focus on Refrigerants Continues With Another Multi-million Dollar Settlement

The U.S. Environmental Protection Agency (“EPA” or “Agency”) continues its enforcement focus on commercial refrigerant leaks from major retailers, keeping with the Agency’s goals of reducing leaks of ozone depleting...more

Canada Proposes 2016 Regulations on Energy Efficiency

Greenhouse Gases (GHGs) have a major impact on both the economy and the environment. Homes and buildings are one of the major contributors to GHG emissions and accounted for 22% of Canada’s national GHG emissions in 2013....more

California Environmental Law & Policy Update - June 2016 #4

Environmental and Policy Focus - PG&E to close Diablo Canyon, California's last nuclear power plant - Los Angeles Times - Jun 21 - Pacific Gas & Electric Co. (PG&E) announced on Tuesday that it plans to close...more

Canada NEB starts Energy East pipeline review

Canada's National Energy Board has ruled that the applicationsare complete for the Energy East Pipeline Project and a related gas project. This determination starts the NEB's review process, under which the Board must issue...more

Deficient CEQA Guidelines Appendix F Energy Impacts Analysis Causes First District To Pull The Plug On Ukiah Costco Project EIR

In a partially published opinion filed June 21, 2016, the Court of Appeal for the First Appellate District reversed in part the Mendocino County Superior Court’s judgment denying a writ petition challenging the City of...more

Predictions for Alberta’s Renewable Electricity Program

In March 2016, the Alberta government tasked the Alberta Electric System Operator (AESO), the independent system operator for Alberta’s electricity system, with developing and implementing a plan to significantly increase...more

EIB Energy Highlights: Nat Gas Outpowers Coal, NC Renewables, CPP En Banc, Fed Energy Bill Awaits Conference & More

Natural Gas-Fired Electricity Generation to Exceed Coal-Fired Generation in 2016: The EIA recently projected that for the first time, on an annual basis, natural gas will exceed coal as a fuel for electric power generation in...more

The Utility as a Distribution System Platform: NYPSC Issues Order in REV Proceeding to Establish A New Paradigm for Utilities,...

In an important order (“Order”) issued on May 21, 2016 in its Reforming the Energy Vision (“REV”) proceeding, the New York Public Service Commission (“NYPSC”) announced the details of a new paradigm to govern the relationship...more

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