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Carbon Sequestration in Texas: EPA Region 6 Issues Draft Permits for Proposed Geologic Sequestration of Carbon Dioxide in Texas

The U.S. Environmental Protection Agency (EPA) Region 6 recently issued the first draft Class VI permits in Texas under the Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) program. These draft permits would...more

California to Require Climate Disclosures from Large Companies (Updated)

Update: In August 2024, the California Legislature passed SB 219. This bill makes minor but important amendments to SB 253 and SB 261. Notably, SB 219 provides CARB with additional flexibility on the timing of Scope 3...more

Pacific Northwest Climate Law Update: Recent Developments Cloud the Future of Oregon and Washington Climate Programs

Two developments toward the end of 2023 have clouded the future of climate policy in the Pacific Northwest. First, on November 21, 2023, opponents of Washington’s Climate Commitment Act (CCA) submitted more than 400,000...more

California Requires Disclosures for Voluntary Carbon Offsets and Climate-Related Claims Beginning in 2024

In addition to signing two significant new laws requiring large companies doing business in California to disclose their greenhouse gas emissions (GHG), Governor Newsom on October 7 signed AB 1305, which creates new...more

Ecology to Consider Expanding Carbon Offsets Available Under Washington State’s “Cap-and-Invest” Program

On September 12, 2023, the Washington Department of Ecology (Ecology) launched a new rulemaking addressing the use of carbon offsets to comply with greenhouse gas (GHG) emissions limits under Washington’s Climate Commitment...more

EPA Proposes New Rule Strictly Limiting Greenhouse Gas Emissions from the Nation’s Fossil Fuel Power Plants

On May 23, 2023, after months of anticipation, the U.S. Environmental Protection Agency (EPA) published its proposal for sweeping greenhouse gas (GHG) emissions standards (GHG Rules) in the Federal Register that will, if...more

New Climate Rule Aimed to Cut Power Plant Emissions by 2040

Under the Biden Administration, the U.S. Environmental Protection Agency (EPA) continues to aggressively combat climate change. According to major media outlets, EPA will soon release a rule requiring power plants to...more

Washington State’s Economy-Wide Climate Plan Takes Shape: Ecology Seeks Comment on Proposed Climate Commitment Act Program Rule

The Washington Department of Ecology (Ecology) has proposed new rules to implement an economy-wide “cap-and-invest” program in Washington State. With comments due on June 30, 2022, these rules have the potential to impact...more

Oregon Sees Washington’s 2045 Target for Grid Decarbonization, Lowers by 5

On June 26, 2021, in the waning hours of Oregon’s legislative session, the legislature passed House Bill 2021 (H.B. 2021 or the Act) - Oregon’s take on sweeping climate legislation for retail electricity generation. Notably,...more

Washington Adopts Economy-Wide Climate Legislation: “Cap-and-Invest” Approach Sets a Price For Carbon Emissions And Allows...

On May 17, 2021, Washington Gov. Jay Inslee signed the Washington Climate Commitment Act (CCA), which will create an economy-wide cap on greenhouse gas (GHG) emissions and create a system in which GHG credits are auctioned...more

D.C. Circuit Vacates Trump ACE Rule: What’s Next for Power Plant CO2 Regulation?

On January 19, 2021, the D.C. Circuit vacated the Affordable Clean Energy (ACE) rule, the Trump Administration’s action to address CO2 emissions from existing coal-fired power plants. The ACE rule repealed an Obama-era rule...more

Treasury Department Finalizes Regulations to Govern 45Q Tax Credits for Carbon Capture and Sequestration

As we previously reported, in June 2020, the Treasury Department issued proposed regulations to implement Section 45Q of the Tax Code, which provides tax credits for capturing and sequestering carbon oxides that would...more

FERC Policy Proposal May Advance State Efforts to Price Carbon Emissions

On October 15, 2020, the Federal Energy Regulatory Commission (FERC) issued a proposed policy statement clarifying that it has jurisdiction over rules incorporating state-determined carbon pricing in wholesale electric...more

Oregon Governor Kate Brown Issues Executive Order Calling for Substantial Reductions in Greenhouse Gas Emissions

Capping a dramatic but ineffective legislative session, Oregon Governor Kate Brown on March 10, 2020, issued Executive Order No. 20-04, “Directing State Agencies to Take Actions to Reduce and Regulate Greenhouse Gas...more

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