Paramount to the ruling in the upcoming May 5, 2025, hearing is the likelihood that strict scrutiny will apply to the plaintiffs’ First Amendment claims against SB 253 and SB 261....more
3/10/2025
/ California ,
CARB ,
Chamber of Commerce ,
Climate Change ,
Constitutional Challenges ,
Disclosure Requirements ,
Environmental Policies ,
First Amendment ,
Greenhouse Gas Emissions ,
Preliminary Injunctions ,
Regulatory Requirements ,
Strict Scrutiny Standard
This grant of authority could accelerate the permitting process for carbon capture and storage projects in the state.
On February 18, 2025, the US Environmental Protection Agency (EPA) approved a final rule granting West...more
Supremacy Clause and Dormant Commerce Clause claims against SB 253 and SB 261 were dismissed, while claims under the First Amendment proceed to discovery....more
2/27/2025
/ California ,
California Air Resources Board ,
Carbon Emissions ,
Climate Change ,
Constitutional Challenges ,
Discovery ,
Dormant Commerce Clause ,
Environmental Policies ,
First Amendment ,
Greenhouse Gas Emissions ,
Reporting Requirements ,
Supremacy Clause
Stakeholders should anticipate potential delays and market impacts amid the ongoing legal challenges and the Office of Administrative Law’s recent disapproval....more
2/21/2025
/ Administrative Procedure Act ,
CARB ,
CEQA ,
Climate Change ,
Constitutional Challenges ,
Environmental Policies ,
Final Rules ,
Greenhouse Gas Emissions ,
Low Carbon Fuel Standard ,
Regulatory Requirements ,
Renewable Energy
A new tax credit is proposed to calculate a fuel’s emissions factor based on its full carbon life cycle of production.
Notices 2025-10 and 2025-11 (Notices), released on January 10, 2025, outline the intention of the...more
2/10/2025
/ Carbon Emissions ,
Clean Energy ,
Energy Projects ,
Fuel Standards ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
IRS ,
Proposed Rules ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury
The final regulations adopt the general framework established in the proposed regulations issued in December 2023, but with several significant modifications....more
CARB will not penalize reporting entities for incomplete Scope 1 and 2 emissions disclosures under SB 253, irritating lawmakers and raising the specter of oversight hearings....more
1/2/2025
/ CARB ,
Climate Change ,
Comment Period ,
Corporate Governance ,
Disclosure Requirements ,
Financial Reporting ,
Governor Newsom ,
Greenhouse Gas Emissions ,
Proposed Amendments ,
Risk Assessment ,
Rulemaking Process ,
Time Extensions
The proposal represents a step forward for carbon capture and storage projects in the state and could accelerate the permitting process.
The US Environmental Protection Agency (EPA) has proposed a significant regulatory...more
In-scope entities should keep preparing for compliance with Senate Bills 253 and 261 as the lawsuit proceeds past an initial summary judgment motion....more
11/19/2024
/ CARB ,
Chamber of Commerce ,
Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Corporate Governance ,
Disclosure Requirements ,
Discovery ,
First Amendment ,
Greenhouse Gas Emissions ,
Motion for Judgment ,
Pending Litigation ,
Risk Assessment ,
Supremacy Clause ,
Task Force on Climate-related Financial Disclosures (TCFD)
Assembly Bill 98 imposes stringent design requirements applicable to new and expanded warehouse development as soon as January 1, 2026....more
EPA’s transfer of primary enforcement authority to states for carbon capture and storage projects may decrease permitting delays but raise legal questions.
Louisiana has become the third state in the United States to...more
The WEC Rule would impose fees for oil and gas facilities reporting a certain amount of greenhouse gas emissions per year.
On January 26, 2024, the US Environmental Protection Agency (EPA) published in the Federal...more
2/1/2024
/ Environmental Protection Agency (EPA) ,
Exports ,
Fees ,
Greenhouse Gas Emissions ,
Imports ,
Liquid Natural Gas ,
Methane ,
Natural Gas ,
Offshore Drilling ,
Oil & Gas ,
Pipelines ,
Threshold Requirements ,
Underground Storage Tanks
New report raises social cost of carbon estimates, surpassing previous estimates by more than 250%.
On December 2, 2023, the US Environmental Protection Agency (EPA) released a final report that substantially increases...more
The first global stocktake, Article 6, carbon markets, new finance pledges, and the loss and damage fund formed the major developments at this year’s conference.
Between November 30 and December 12, 2023, Dubai hosted the...more
12/28/2023
/ Climate Change ,
COP ,
Dubai ,
Energy Market ,
Energy Sector ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Oil & Gas ,
Paris Agreement ,
Renewable Energy ,
UNFCCC ,
United Nations
A district court has ruled that federal law does not preempt an indirect source rule that targets emissions associated with warehouses in Southern California.
On December 14, 2023, a US federal judge rejected claims that...more
The Supervisory Body published the Methodology Guidance and the Removal Guidance to be presented for discussion in COP28.
After two years of discussion, the Supervisory Body (SB) responsible for determining the...more
Regulators are pursuing steep fines in response to widespread alleged noncompliance with an emissions rule still subject to potential reversal by the courts.
On September 20, 2023, the South Coast Air Quality Management...more
10/5/2023
/ Air Quality Standards ,
Airlines ,
Compliance ,
Enforcement ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Reporting Requirements ,
SCAQMD ,
State Implementation Plans (SIPs) ,
Trucking Industry ,
Warehouses
Governor Newsom has committed to signing into law two bills that would require certain companies that do business in California to disclose their GHG emissions and climate-related financial risks.
In January 2023,...more
The US Department of Energy has committed $1 billion to support clean hydrogen offtakers to kickstart the hydrogen economy.
On July 5, 2023, the US Department of Energy (DOE) released a Notice of Intent (NOI) to invest up...more
The state must dramatically expand its energy infrastructure and renewable energy sources to satisfy growing demand for electricity while meeting ambitious climate goals, according to California Independent System Operator’s...more
4/25/2023
/ CAISO ,
Carbon Emissions ,
Climate Change ,
Critical Infrastructure Sectors ,
Department of Energy (DOE) ,
Electricity ,
Energy Policy ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Infrastructure ,
Net Zero ,
Renewable Energy ,
Strategic Planning ,
Transmission Planning
A federal court heard motions for summary judgment in challenge to first-in-nation rule requiring warehouses to adopt clean technologies. By Joshua Bledsoe, Nick Cox, and Jennifer Garlock On April 17, 2023, a US federal judge...more
4/21/2023
/ Air Quality Standards ,
Airlines ,
Carbon Emissions ,
Clean Air Act ,
Clean Tech ,
Distribution Centers ,
Motion for Summary Judgment ,
Preemption ,
SCAQMD ,
Standing ,
Trucking Industry ,
Warehouses ,
Zero-Emission Vehicles
The plan accelerates already ambitious climate goals for California and charts a course to carbon neutrality by 2045.
On December 15, 2022, the California Air Resources Board (CARB) adopted its Final 2022 Scoping Plan...more
The 2020 wildfire season alone released more carbon dioxide than what California reduced through years of emission cuts.
California is a recognized leader in climate policy, but a wildfire crisis is threatening to unwind...more
Three funding opportunity announcements and a finance program provide significant investments to support carbon capture and sequestration.
Demand for carbon capture and sequestration (CCS) to meet global and national...more
Key Points -
..The draft Clean Hydrogen Production Standard (CHPS) proposes a lifecycle GHG emissions target of 4 kg CO2e per kilogram of hydrogen, which is in line with the clean hydrogen production tax credit in the...more