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EPA Plans Reset of GHG and Mercury Rules for Power Plants

Introduction - Continuing the regulatory whiplash over greenhouse gases (GHG) emissions from power plants, the United States Environmental Protection Agency (EPA) recently proposed repealing the Biden administration’s GHG...more

Course Correction: Supreme Court Steers Toward Greater Predictability in NEPA Reviews

On 29 May 2025, the Supreme Court unanimously declared that a “course correction” was needed for cases under the National Environmental Policy Act (NEPA), holding that a law originally meant to be a procedural check to inform...more

Carbon Quarterly – Volume 11

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Carbon Quarterly–Volume 10

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

BOEM, DOD Sign MoU on Advancing Offshore Wind Development

On Tuesday, 29 October 2024, the Bureau of Ocean Energy Management (BOEM) and the Department of Defense (DOD) signed a Memorandum of Understanding (MoU) to strengthen the coordinated development of offshore wind energy...more

Carbon Quarterly – Volume 9

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

BLM Signals Federal Land is Open for Renewables

In May 2024, the Bureau of Land Management (BLM or the Agency) issued a final rule updating its renewable energy and right-of-way (ROW) policies. BLM is one of the largest landholders in the United States, with significant...more

EPA Issues New Power Plant Rules

Introduction - The United States Environmental Protection Agency (EPA) recently finalized four separate rules (Power Plant Rules) that set new standards for power plant emissions in the United States. Collectively, these...more

Calming the Seas for Offshore Wind: Renewable Energy Modernization Rule Seeks to Boost Regulatory and Financial Certainty for Wind...

On 24 April 2024 the Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE) issued a final rule to update regulations for renewable energy development on the US Outer...more

Carbon Quarterly – Volume 8

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Following Sackett, Another New Final WOTUS Rule

Responding to the US Supreme Court’s landmark decision in Sackett v. EPA, the US Environmental Protection Agency (EPA) and the US Army Corps of Engineers (Corps) published a final rule (Sackett Rule), effective 8 September...more

BOEM Offshore Wind Lease Update: Gulf of Mexico Auction Produces Lackluster Results, Not Likely Repeated in Future Oregon and...

The results of the Bureau of Ocean Energy Management’s (BOEM’s) recent auction of the Gulf of Mexico (Gulf) lease areas sharply depart from recent auctions and may signal uncertainty about current prospects for offshore wind...more

The White House Continues to Advance NEPA Reform with CEQ's Proposed NEPA Phase Two

The White House Council on Environmental Quality (CEQ) issued a proposed rulemaking on 31 July 2023 to implement Congress’s updates to the National Environmental Policy Act (NEPA) recently enacted in the Fiscal Responsibility...more

U.S. Supreme Court Issues Landmark Clean Water Act Decision, Significantly Narrowing the Scope of "Waters of the United States"...

It is rare for the U.S. Supreme Court to construe a statutory phrase on multiple occasions.  And yet now, for purposes of the federal Clean Water Act (CWA or the Act), it has rendered no less than four interpretations of the...more

Debt Ceiling Legislation Serves as a Vehicle for Substantive Changes to NEPA

The compromise reached in the Fiscal Responsibility Act increases the U.S. debt ceiling in exchange for discretionary spending limits and reform to several existing legislative schemes, including National Environmental Policy...more

6/6/2023  /  CEQ , Federal Funding , NEPA , Public Policy

Full of Hot Air? EPA Tries Again to Impose Greenhouse Gas Emission Standards on Fossil Fuel-Fired Power Plants

On 11 May 2023, the US Environmental Protection Agency (EPA) announced new standards for carbon dioxide (CO2) emissions from new and existing power plants (the Proposed Rule). EPA projects that the rule, if finalized, would...more

BOEM Proposes Regulations to Improve Offshore Wind Lease Auction Processes and Project Development Timelines

In 2023, federal agencies are poised to deliver rapid advancements in the development of offshore wind projects in the United States. In particular, the Biden administration’s Bureau of Ocean Energy Management (BOEM)—the...more

A New Final (But Not the Final?) WOTUS Rule

On 30 December 2022, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) (together, the Agencies) released a final rule redefining the scope of waters protected under the Clean Water Act...more

Carbon Quarterly – Special Edition

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Electrifying the Renewable Fuel Standards: EPA Proposes a Major Expansion of the Renewable Fuel Standard Program

On 1 December 2022, U.S. Environmental Protection Agency (EPA) proposed a major new regulatory component of the Renewable Fuel Standard program (RFS) to recognize electricity produced from biomass and used to fuel electric...more

Taking a New Approach: USFWS Proposes Streamlined Eagle Take Permit Program

The U.S. Fish and Wildlife Service (USFWS), on 29 September, released a significant rulemaking proposal that seeks to ease the permitting process to authorize incidental take of bald and golden eagles. If finalized, USFWS’s...more

EPA Designates PFAS Chemicals As Hazardous Substances in Newly Proposed CERCLA Regulations

On Friday, 26 August 2022, the U.S. Environmental Protection Agency (EPA) moved forward with a proposed rulemaking regarding how certain PFAS chemicals will be regulated in the future. EPA announced plans to regulate certain...more

Carbon Quarterly – Volume 6

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

Supreme Court Advances Major Questions Doctrine and Limits EPA's Authority to Regulate Power Plant Carbon Emissions

On 30 June 2022, the U.S. Supreme Court issued a decision in West Virginia v. Environmental Protection Agency, limiting the U.S. Environmental Protection Agency’s (EPA) power to regulate carbon emissions from power plants...more

EPA Proposes New Rules Governing Section 401 Water Quality Certification

On 9 June 2022, the U.S. Environmental Protection Agency (EPA) published in the federal register a proposed rule regarding the Clean Water Act (CWA) Section 401 water quality certification process (the Proposed Rule), undoing...more

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