News & Analysis as of

Greenhouse Gas Emissions

Senate Bill Proposes Major Market-Based Remodel of Cap-and-Trade Program

by Stoel Rives LLP on

California’s cap-and-trade program withstood a battle in court, and now the Legislature is proposing changes to the controversial program. Senator Bob Wieckowski (Democrat – District 10), Chair of the Environmental Quality...more

Virginia Begins Development of Cap-and-Trade Program for Electric Power Sector

by Beveridge & Diamond PC on

On May 16, 2017, Virginia’s Governor Terry McAuliffe signed Executive Directive 11 (the “Directive”), which directs Virginia’s Department of Environmental Quality (“DEQ”) to develop regulations to reduce greenhouse gas...more

Bye-Bye Clean Power Plan

by Williams Mullen on

The Clean Power Plan (“CPP”), and its companion new source review rule, is the Obama Administration’s signature regulation on reducing greenhouse gas emissions from power plants. Among other things, it requires states to put...more

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

by Jackson Walker on

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements...more

Stability For Calif. Cap-And-Trade Program, For Now

The future of California’s cap-and-trade program looks a little brighter, thanks to a 2-1 vote of the Court of Appeal for the Third Appellate District on April 6. The decision, which held that the cap-and-trade program is...more

Challenge to California's Cap-and-Trade Emission Allowances Auction Rejected on Appeal

by Jones Day on

On April 6, 2017, the California Court of Appeal, in a 2–1 decision, upheld the sale of greenhouse gas ("GHG") emission allowances in California's cap-and-trade program. California Chamber of Commerce v. State Air Resources...more

Environmental law in the EU: What will happen with emissions limits?

by Dentons on

The need to lay down air emissions limits for large industry has been on the EU’s radar for a long time. It is a question of balance: industry drives economic growth but harms the environment in many ways, including degrading...more

Will There Be a Trial on Climate Change Public Trust Claims? It’s Looking that Way.

Last November, the District Court of Oregon denied the motion of the United States to dismiss claims that the United States had violated a public trust obligation it owes to US citizens to protect the atmosphere from climate...more

NESCOE Responds to Stakeholders; Requests No Public Policy Transmission Study from ISO-NE

by Pierce Atwood LLP on

After receiving input from members of the ISO-New England, Inc.’s (ISO-NE) Planning Advisory Committee (PAC) regarding the state, federal, and local statutes and regulations (Public Policy Requirements) “driving transmission...more

Massachusetts Electric Companies and DOER Propose RFP for Offshore Wind Clean Energy Projects

by Pierce Atwood LLP on

On April 28, 2017, the Massachusetts investor-owned electric distribution companies (Distribution Companies), in coordination with the Massachusetts Department of Energy Resources (DOER) (together, the Soliciting Parties),...more

Latin American Environmental Regulatory Tracker

by Beveridge & Diamond PC on

Latin America continues it vigorous and progressive introduction of wide ranging environmental and sustainability issues. Some highlighted activity to reflect the range: Sustainability. Signaling what may be a future...more

A Hodgepodge of Action and Thought on Climate Change

by Burr & Forman on

While the Trump Administration has taken steps to dismantle or revise many of the Obama Administration’s actions regarding climate change, there are conflicting opinions within the Administration and key businesses about the...more

Proposed Amendments to Cap-and-Trade Extension Bill Could Undermine Program

by Latham & Watkins LLP on

On April 18, 2017, California Assembly Members Garcia, Holden, and Garcia proposed amendments to Assembly Bill No. 378 (AB 378) that are intended to extend but significantly reshape California’s Cap-and-Trade Program. This...more

California Environmental Law & Policy Update - April 2017 #3

by Allen Matkins on

Environmental and Policy Focus - EPA emerges as major target after Trump solicits policy advice from industry - Washington Post - Apr 16 - Just days after taking office, President Trump invited American...more

New Administration At EPA To Reconsider Several Issues

The new administration at the Environmental Protection Action has taken these actions: - Reconsidering the New Methane Rules. On June 3, 2016, pursuant to the Clean Air Act (CAA), EPA promulgated amendments to the...more

California Court of Appeal Strikes Down CARB's Second Review of Low Carbon Fuel Standards - Decision Keeps LCFS Regulations in...

by Holland & Knight LLP on

POET, LLC v. State Air Resources Board (POET II) is the second chapter in the California Air Resources Board's (CARB) troubled history meeting its California Environmental Quality Act (CEQA) compliance obligations while also...more

UAI Challenges CRC Study On Vehicular Emissions

by Bergeson & Campbell, P.C. on

On March 29, 2017, the Urban Air Initiative (UAI) released a statement claiming that the Coordinating Research Council’s (CRC) study on fuel emissions was biased and flawed. According to UAI, the match blending of test fuels...more

California Environmental Law & Policy Update - April 2017 #2

by Allen Matkins on

Environmental and Policy Focus - D.C. Circuit grants EPA’s request to delay 2015 smog rule case - Washington Post - Apr 11 - The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday granted a...more

CA Court of Appeal’s Split Decision Upholds CARB Cap-and-Trade Program

by Perkins Coie on

In a 2-1 decision, the California Court of Appeal, Third Appellate District, upheld the California Air Resource Board’s cap-and-trade program for greenhouse gas allowances. California Chamber of Commerce v. State Air...more

CARB Violated CEQA and Writ in LCFS Litigation, Holds Fifth District, While Leaving New 2015 Regs in Effect

by Miller Starr Regalia on

In a detailed 66-page published opinion filed April 10, 2017, the Fifth District Court of Appeal reversed the trial court’s order discharging a writ of mandate that was issued to compel the California Air Resources Board...more

Climate Regulation in California: A State of Constant Change

by Beveridge & Diamond PC on

Climate change regulation in California is in the midst of transformation. Last year, the Legislature voted to enact SB 32, extending California’s greenhouse gas (GHG) reduction targets, which were set to expire in 2020,...more

President Trump’s Executive Order Withdraws the Social Cost of Carbon

by Kelley Drye & Warren LLP on

On March 28, 2017 President Trump issued an executive order that seeks to completely reverse the Obama Administration’s climate policies. Executive Order 13783, Promoting Energy Independence and Economic Growth signals a...more

California Court of Appeals Upholds California’s Cap-and-Trade Program

by Stoel Rives LLP on

On Thursday, a 2-1 decision by the Third District Court of Appeal in Sacramento upheld California’s program to reduce carbon emissions. California’s controversial and signature cap-and-trade program creates a firm limit on...more

GHG Allowance Auctions are Not a Tax; Key Element of State’s Cap-and-Trade Program Upheld

California Chamber of Commerce, et al. v. California Air Resources Board, et al., Case No. C075930 (Cal. Ct. App. 3d. Dist., 2017). On April 6, the California Court of Appeal for the Third District issued its...more

California Court of Appeal Upholds Cap-and-Trade Program

by Beveridge & Diamond PC on

On Thursday, April 06, 2017, California’s Court of Appeal for the Third Appellate District upheld California’s Cap-and-Trade Program, the cornerstone of California’s climate change policy, by a 2-1 vote. In the case,...more

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