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Companies Face Increased Criminal Enforcement Risk From Aging Infrastructure-Related Disasters

Utilities and energy companies can implement strategies to mitigate risks from more frequent environmental disasters and infrastructure failures. In the early morning of June 11, 2023, a tanker truck carrying gasoline up...more

EPA Updates Standards and Practices for All Appropriate Inquiries (AAI)

EPA adopts final rule, effective February 13, 2023, establishing ASTM E1527-21 as the standard for satisfying AAI requirements and phasing out ASTM E1527-13. On December 15, 2022, the US Environmental Protection Agency...more

California Legislature Passes Four Aggressive Climate Bills and Authorizes Extension of Diablo Canyon

The climate bills championed by Governor Newsom stand to alter the state’s climate policy for years to come. On August 31, 2022, the last day of its 2021-2022 session, the California Legislature passed four climate bills...more

California Legislature to Consider Aggressive Climate Targets

Governor Newsom introduces five ambitious proposals that could alter California’s climate policy for years to come. On August 12, 2022, California Governor Gavin Newsom submitted five climate proposals (the Climate...more

Environmental Compliance and COVID-19 – 5 Questions for Companies to Consider

Companies should stay abreast of fast-moving changes to federal, state, and local regulatory stay-at-home orders and compliance guidance. While the most important consequences of the COVID-19 pandemic are undoubtedly the...more

CARB Amending SF6 Regulation: Stricter Requirements for California Electrical Equipment

California proposes phasing out the use of SF6 in GIE and further reducing allowable GHG emissions from such equipment. California Air Resources Board (CARB) staff recently published a discussion draft (Draft Amendments)...more

GIS Owners in California Must Comply With SF6 Regulation

Gas-insulated switchgear owners face easy-to-miss, CARB-enforced emissions requirements. Since 2011, the California Air Resources Board (CARB) has regulated sulfur hexafluoride (SF6) emissions from gas-insulated...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

California Low Carbon Fuel Standard Overhaul Continues

I. LCFS Readoption - The California Air Resources Board (“ARB”) is on the cusp of readopting the Low Carbon Fuel Standard (“LCFS”) regulation to remedy legal defects in the initial adoption process found by the...more

New Wave of State Law Air Pollution Torts?

The U.S. Supreme Court’s denial of certiorari in Bell v. Cheswick could pave the way for more state common law air pollution tort suits and greater exposure for emitters. A new wave of state common law air pollution...more

U.S. Supreme Court Allows to Stand Ruling That Sources of Air Pollutants are Subject to State Common Law Tort Claims

On June 2, 2014, the U.S. Supreme Court announced it would not review a decision by the Court of Appeals for the Third Circuit allowing state common law tort claims against sources of air pollutants. This spells uncertainty...more

EPA Proposes Unprecedented Greenhouse Gas Emission Reduction Program

We analyze EPA’s novel proposal to regulate greenhouse gas emissions from existing power plants as it will shape its regulation of other industry sectors. On June 2, 2014, EPA released its long-anticipated proposal to...more

California’s LCFS Surviving Challenges As Major Changes Loom

The Air Resources Board proposes to merge court-mandated re-adoption of the Low Carbon Fuel Standard with other significant program changes. The Low Carbon Fuel Standard (LCFS) continues to generate uncertainty due to...more

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