The U.S. Environmental Protection Agency ("EPA") announced an agenda to revisit numerous regulations addressing the emission of greenhouse gases ("GHGs")....more
On March 12, 2025, the Environmental Protection Agency ("EPA") issued a flurry of press releases announcing its plan to rollback dozens of Biden-era, as well as earlier, environmental regulations. This historic move is part...more
The Biden administration's rule requiring the payment of a fee for methane emissions has effectively been rescinded, although, for now at least, the statutory provision imposing the fee remains in effect along with other...more
3/18/2025
/ Biden Administration ,
Clean Air Act ,
Climate Change ,
Deregulation ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Joint Resolutions ,
Methane ,
Regulatory Reform ,
Trump Administration
On December 26, 2024, New York enacted a law requiring certain energy companies to contribute cumulatively $75 billion to a climate "superfund" over the next 25 years....more
1/10/2025
/ Carbon Emissions ,
Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Energy Sector ,
Environmental Litigation ,
Environmental Policies ,
Greenhouse Gas Emissions ,
New Legislation ,
New York ,
Oil & Gas ,
Regulatory Reform ,
State and Local Government ,
Superfund
REGULATORY ISSUES & UPDATES -
Update on Australia's New Climate-Related Financial Disclosure Regime -
Australia's mandatory climate-related financial disclosure regime is inching closer to implementation after the proposed...more
9/23/2024
/ Clean Air Act ,
Clean Energy ,
Climate Change ,
Disclosure Requirements ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Popular ,
Tax Credits
On April 25, 2024, the Environmental Protection Agency ("EPA") finalized four rules to regulate pollution from fossil fuel-fired power plants. EPA's stated goal was to provide a framework on which power plants can rely for...more
The U.S. Environmental Protection Agency ("EPA") finalized the strictest-ever emission standards for heavy-duty vehicles. On March 29, 2024, EPA announced new emission standards for heavy-duty vehicles for model years 2027...more
Business groups in California challenge the constitutionality of new climate reporting laws. ...more
The U.S. Environmental Protection Agency ("EPA") has proposed regulations for calculating methane emissions fees required beginning this year under the Inflation Reduction Act ("IRA"). Section 136 of the Clean Air Act (added...more
2/6/2024
/ Clean Air Act ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fees ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Liquid Natural Gas ,
Methane ,
National Emissions Standards ,
Natural Gas ,
Pollution Control ,
Proposed Regulation ,
Proposed Rules ,
Regulatory Agenda ,
U.S. Treasury
Proposed rules would increase the stringency of Clean Air Act standards applicable to facilities that burn 250 tons or more of municipal solid waste per day. Among the U.S. Environmental Protection Agency's ("EPA") latest...more
The Situation: The Environmental Protection Agency ("EPA") finalized regulations designed to reduce methane emissions from the oil and gas industry by 80% in coming years at both new and existing facilities. The regulations...more
12/12/2023
/ Clean Air Act ,
Congressional Review Act ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Greenhouse Gas Emissions ,
Methane ,
Natural Gas ,
Oil & Gas ,
Regulatory Reform
In Short -
The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more
8/7/2023
/ Biden Administration ,
Clean Air Act ,
Clean Water Act ,
Department of Justice (DOJ) ,
Environmental Crimes ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Natural Resources ,
Pollution Control ,
Puerto Rico ,
Regulatory Oversight ,
Supplemental Environmental Project (SEP) Policy ,
Virgin Islands
In Short -
The Situation: The Environmental Protection Agency ("EPA") has issued proposed rules to limit carbon dioxide ("CO2") emissions from fossil fuel-fired power plants (the "Proposed Rules")....more
The Environmental Protection Agency ("EPA") has announced a new proposed rule that would strengthen the National Emission Standards for Hazardous Air Pollutants ("NESHAP") for Coal- and Oil- Fired Electric Utility Steam...more
4/10/2023
/ Air Pollution ,
Clean Air Act ,
Coal-Fired Generation ,
Coal-Fired Plants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
MATS ,
Mercury ,
NESHAP ,
Oil & Gas ,
Power Plants ,
Public Health ,
Regulatory Reform ,
Toxic Exposure
In West Virginia v. EPA, a case argued by Jones Day, the U.S. Supreme Court determined that Congress did not authorize the U.S. Environmental Protection Agency ("EPA") to compel generation shifting among existing electric...more
What Happened: West Virginia v. EPA -
In West Virginia v. EPA, the Supreme Court ruled in favor of Jones Day client, the North American Coal Corporation, and determined that the EPA did not have clear authorization from...more
7/13/2022
/ Air Pollution ,
Chevron Deference ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Global Warming ,
Greenhouse Gas Emissions ,
Pollution Control ,
Power Plants ,
Regulatory Authority ,
Resource Management ,
SCOTUS ,
West Virginia v EPA
After years of attempts with varying success to regulate methane emissions from new oil and gas wells, the Biden administration has shifted strategy in proposing a regulatory program covering both new and existing oil and...more
11/22/2021
/ Air Pollution ,
Biden Administration ,
Bureau of Land Management ,
Clean Air Act ,
Climate Action Plan ,
Climate Change ,
Comment Period ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Methane ,
New Regulations ,
New Source Performance Standards (NSPS) ,
Oil & Gas ,
Regulatory Agenda ,
Regulatory Reform
Climate Change Regulatory Issues & Updates -
EPA Issues Affordable Clean Energy Rule -
The U.S. Environmental Protection Agency ("EPA") issued the Affordable Clean Energy rule on July 8 to repeal the Clean Power Plan...more
The Situation: Proposed resolutions in Congress and an injunction request in a Ninth Circuit case both seek significant reductions in fossil fuel use throughout the economy.
The Result: In the near term, it is easy to...more
3/15/2019
/ Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Energy Policy ,
Environmental Policies ,
Fossil Fuel ,
Green New Deal ,
Greenhouse Gas Emissions ,
Legislative Agendas ,
Oil & Gas ,
Proposed Legislation ,
Public Trust Doctrine
Outlined in an Environmental Protection Agency ("EPA") proposal published on August 31, 2018, the Affordable Clean Energy ("ACE") rule would replace the Obama Administration's Clean Power Plan ("CPP"). A 60-day public comment...more
9/18/2018
/ Biomass ,
Carbon Emissions ,
Clean Air Act ,
Clean Energy ,
Clean Power Plan ,
Coal Industry ,
Comment Period ,
Electricity ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
MATS ,
Oil & Gas ,
Power Plants ,
Proposed Rules ,
Public Comment ,
Renewable Energy ,
Trump Administration
A policy memorandum issued by the U.S. Environmental Protection Agency (“EPA”) during December 2017 clarifies how the agency will apply and enforce certain facets of the New Source Review regulations following a pair of...more
US. REGULATORY AND LITIGATION DEVELOPMENTS -
EPA PROPOSES TO RESCIND CLEAN POWER PLAN -
What EPA Did -
In a decision expected and promised since the election of President Donald Trump, the United States...more
11/27/2017
/ Air Pollution ,
Carbon Emissions ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Company Vehicles ,
Electric Vehicles ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Fracking ,
France ,
Global Warming ,
Greenhouse Gas Emissions ,
Investors ,
Land-Use Permits ,
Netherlands ,
Nonprofits ,
Oil & Gas ,
Paris Agreement ,
Popular ,
Renewable Energy ,
Rescission ,
Stakeholder Engagement ,
Sustainable Business Practices