U.S. Supreme Court overrules Chevron and restores courts’ obligation to exercise independent judgment -
On June 28, 2024, in one of the last decisions of the Term, the U.S. Supreme Court issued its long-awaited decision in...more
Section 40B of the Internal Revenue Code of 1986 (the “Code”) enacted by the Inflation Reduction Act of 2022 (the “IRA”) provides credits for each gallon of sustainable aviation fuel (“SAF”) sold or used by a taxpayer before...more
12/27/2023
/ Aviation Industry ,
Carbon Offset and Reduction Scheme for International Aviation (CORSIA) ,
Clean Air Act ,
Department of Energy (DOE) ,
Environmental Protection Agency (EPA) ,
Fuel Standards ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
IRS ,
New Guidance ,
Renewable Fuel Standard ,
Sustainability ,
U.S. Treasury
On December 1, 2022, the U.S. Environmental Protection Agency (“EPA”) announced its proposed rule under the Renewable Fuel Standard (“RFS”) program. For the first time, EPA establishes renewable fuel volumes and percentage...more
After a two-year delay, on June 3, 2022, the U.S. Environmental Protection Agency (“EPA”) signed and submitted for publication in the Federal Register its final rule for setting renewable fuel percentage standards under the...more
The United States Environmental Protection Agency (“EPA”) issued a voluntary Request for Information (“RFI”) on June 9, 2022, regarding best practices for battery recycling and labeling guidelines. 87 Fed. Reg. 35,202. The...more
On May 26, 2022, the Environmental Protection Agency’s Office of the General Counsel released EPA Legal Tools to Advance Environmental Justice (“EJ Legal Tools”). The document builds on and updates EPA’s 2011 Plan EJ 2014:...more
6/7/2022
/ Air Quality Standards ,
Clean Air Act ,
Clean Water Act ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
FOIA ,
Insecticide ,
NEPA ,
New Guidance ,
Pesticides ,
Solid Waste ,
Superfund ,
Water Infrastructure Finance and Innovation Act
Carbon Capture and Sequestration (“CCS”), one form of which is known as Direct Air Capture, captures carbon dioxide (CO2) from man-made sources before CO2 is released into the atmosphere. The captured CO2 is then injected...more
On January 25, 2022, the U.S. Environmental Protection Agency (“EPA”) reaffirmed its interpretation of ethylene oxide (“EtO”) requirements which may signal EPA’s increased scrutiny of chemical emissions generally and the...more
This Client Alert—Part 2 of an ongoing series—provides an overview of one of EPA’s key objectives in its draft Strategic Plan: Developing resilience and adaptation to climate change impacts. Other alerts in the series can be...more
1/5/2022
/ Center for Biological Diversity ,
Climate Change ,
Endangered Species Act (ESA) ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Federal Register ,
FEMA ,
Greenhouse Gas Emissions ,
Policies and Procedures ,
Public Comment ,
Strategic Planning
On December 7, 2021, the U.S. Environmental Protection Agency (“EPA”) signed and submitted for publication in the Federal Register its proposed rule for setting renewable fuel percentage standards. The proposed rule sets the...more
Emphasis on Environmental Justice and Climate Change -
The EPA's draft Strategic Plan provides the key to understanding the agency's priority goals and initiatives, including Climate Change and Environmental Justice...more
10/21/2021
/ CERCLA ,
Clean Air Act ,
Clean Water Act ,
Climate Change ,
Enforcement ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NEPA ,
RCRA ,
Safe Drinking Water Act ,
Site Remediation ,
Strategic Planning ,
Toxic Substances Control Act (TSCA)
Recently, EPA’s Office of Inspector General (“OIG”) issued a notice of its audit of the agency’s oversight of the Renewable Fuel Standards Renewable Identification Number (“RIN”) market. This is the latest in a string of...more
Advancing Environmental Justice (“EJ”) is a central pillar of the Biden Administration. Beginning with President Biden’s Executive Order “Tackling the Climate Crisis at Home and Abroad,” signed during his first week in...more
On August 26, 2021, the Environmental Protection Agency (“EPA”) sent its proposed rule for setting renewable fuel percentage standards to the Office of Management and Budget (“OMB”) for review. The proposed rule is expected...more
Business and Human Rights: Energy and extractives in a changing landscape of new generation trade agreements protecting and promoting both trade and human rights -
As allegations of genocide, forced labour, or widespread...more
EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives -
With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more
4/27/2021
/ Biden Administration ,
CERCLA ,
Clean Air Act ,
Clean Energy ,
Clean Water Act ,
Climate Change ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
NEPA ,
OMB ,
PFAS ,
Public Land ,
Regulatory Reform ,
Safe Drinking Water Act ,
Superfund
BlackRock Doubles Down on Sustainability -
• BlackRock signals substantially more assertive posture on climate-related issues
• New approach to shareholder proposals saw BlackRock support 54% of environmental and social...more
4/23/2021
/ Benchmarking ,
BlackRock ,
Climate Change ,
Coronavirus/COVID-19 ,
Diversity and Inclusion Standards (D&I) ,
EEO-1 ,
Environmental Social & Governance (ESG) ,
Institutional Shareholder Services (ISS) ,
Investment ,
Securities and Exchange Commission (SEC) ,
State Street ,
Sustainability ,
Transparency ,
Vanguard
The updates attempt to provide more clarity for modern vehicles and parts -
On November 23, 2020, the U.S. Environmental Protection Agency (“EPA”) updated its policy for enforcement of vehicle and engine tampering and...more
Potential wide-ranging impacts on Engines, Energy, Infrastructure and Shipping -
California Governor Gavin Newsom’s Executive Order N-79-20 seeks to address climate change concerns and significantly reduce greenhouse gas...more
10/5/2020
/ California ,
CARB ,
Carbon Capture and Sequestration ,
Climate Change ,
Electric Vehicles ,
Energy Sector ,
Executive Orders ,
Governor Newsom ,
Greenhouse Gas Emissions ,
Infrastructure ,
Low Carbon Fuel Standard ,
National Highway Safety Administration ,
Renewable Energy ,
Shipping ,
Tax Credits ,
Utilities Sector ,
Zero-Emission Vehicles
CARB takes the position that distributors, sellers, and installers of uncertified performance aftermarket parts are liable for any illegal use of those products.
On July 10, the California Air Resources Board (“CARB”)...more
Q: As I reopen my business, has COVID-19 impacted my business’s environmental, health and safety responsibilities?
A: Yes, COVID-19 has had a significant impact on companies’ environmental, health and safety obligations,...more
6/16/2020
/ Air Quality Standards ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Environmental Protection Agency (EPA) ,
Environmental Site Assessment ,
Hazardous Waste ,
Health and Safety ,
OSHA ,
Personal Protective Equipment ,
Social Distancing ,
Virus Testing ,
Workplace Safety
California' Policy Is Less Specific and Stricter than the EPA Policy -
California has issued a new policy providing limited relief for regulated parties from their environmental compliance and reporting obligations...more
On December 19, 2019, the Environmental Protection Agency (“EPA”) issued its final rule for renewable fuel volume requirements for 2020 under the Renewable Fuel Standard (“RFS”) program. The rule establishes the amount of...more
Action May Have Far-Reaching Impacts -
Today, the Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) announced a joint rule intended to substantially affect...more
9/20/2019
/ Automotive Industry ,
Carbon Emissions ,
Clean Air Act ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Motor Vehicles ,
National Emissions Standards ,
NHTSA ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Requirements ,
Trump Administration
A Texas Federal Judge Turns Up the Heat on Oil Companies Facing Climate Change-Related Securities Class Actions -
On August 14, 2018, the United States District Court for the Northern District of Texas issued a...more
9/17/2018
/ Abu Dhabi Global Markets (ADGM) ,
Climate Change ,
Environmental Protection Agency (EPA) ,
EU ,
Exxon Mobil ,
Fuel Standards ,
Hydropower ,
Oil & Gas ,
Renewable Energy ,
Russia ,
Shareholders ,
Waste Management ,
Waters of the United States ,
Wind Power