On January 12, 2024, the EPA announced a proposed new rule entitled Waste Emissions Charge for Petroleum and Natural Gas Systems (the "Proposed Rule"). As required by Congress pursuant to the Inflation Reduction Act ("IRA"),...more
3/13/2024
/ Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Methane ,
Natural Gas ,
Oil & Gas ,
Proposed Rules ,
Regulatory Agenda ,
Waste Disposal
On February 8, 2024, the Environmental Protection Agency ("EPA") proposed two regulations that would add nine per- and polyfluoroalkyl substances ("PFAS") to the list of Resource Conservation and Recovery Act ("RCRA")...more
2/15/2024
/ CERCLA ,
Contamination ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Hazardous Waste ,
New Rules ,
PFAS ,
Proposed Rules ,
Public Health ,
RCRA ,
Regulatory Agenda ,
Toxic Chemicals
This 2023 U.S. Real Estate Round-Up provides key insights to commercial and residential building owners facing a flock of new state environmental, social, and governance ("ESG") laws proposed or taken effect in 2023,...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
The Maryland Department of the Environment ("MDE") will publish proposed rules limiting greenhouse gas ("GHG") emissions from covered buildings and requiring covered building owners to submit detailed energy performance...more
12/18/2023
/ Benchmarking ,
BEPS ,
Carbon Emissions ,
Climate Change ,
Data Collection ,
ENERGY STAR Program ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Net Zero ,
Property Owners ,
Proposed Rules ,
Public Comment
The Situation: In 2019, Congress amended the Toxic Substances Control Act ("TSCA") to require the Environmental Protection Agency ("EPA") to promulgate a reporting rule on per- and polyfluoroalkyl substances ("PFAS"). EPA...more
12/12/2023
/ Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Importers ,
Manufacturers ,
PFAS ,
Public Health ,
Regulatory Reform ,
Reporting Requirements ,
Retroactive Application ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA)
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
REGULATORY ISSUES & UPDATES -
Mandatory Climate Change Reporting Requirements Under the New European ESRS E1 -
The implementation of the European Sustainability Reporting Standards poses risks for reporting companies,...more
12/5/2023
/ Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Data Protection ,
Disclosure Requirements ,
Environmental Protection Agency (EPA) ,
EU ,
European Commission ,
Federal Agency Taskforce ,
Green Initiatives ,
Greenhouse Gas Emissions ,
NEPA ,
Net Zero ,
Reporting Requirements ,
Risk Management ,
SFDR ,
State and Local Government ,
Sustainability ,
Taxonomy ,
U.S. Treasury ,
UK
The Situation: The Inflation Reduction Act ("IRA") requires the U.S Environmental Protection Agency ("EPA") to finalize new greenhouse gas reporting rules for the petroleum and natural gas industry based on "empirical...more
REGULATORY ISSUES & UPDATES -
New CFTC Enforcement on Carbon Markets Misconduct -
The U.S. CFTC publishes a rare alert soliciting tips about potential manipulation in the carbon markets and announces the formation of...more
8/18/2023
/ Airlines ,
CARB ,
CFTC ,
Climate Change ,
Environmental Protection Agency (EPA) ,
EU ,
Greenhouse Gas Emissions ,
Greenwashing ,
HFC Emissions ,
Shareholder Litigation ,
UK
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
"Green Day" in the UK -
As part of its "Powering Up Britain" strategy, the UK government has published a series of documents setting out its vision for the UK's transition to net zero and the strengthening of UK energy...more
In Short -
The Situation: Commercial policyholders are increasingly being targeted by climate change lawsuits alleging that greenhouse gas emissions from their normal operations—and the alleged failure to take...more
In Short -
The Development: On May 25, 2023, the United States Supreme Court issued its decision inSackett v. EPA, providing new insight into whether wetlands qualify as "waters of the United States" subject to regulation...more
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
On May 19, 2023, California Governor Gavin Newsom unveiled a significant legislative package and signed an executive order aimed at reforming the California Environmental Quality Act ("CEQA") and streamlining infrastructure...more
The proposal would also make per- and polyfluoroalkyl substances ("PFAS") and certain persistent, bioaccumulative, and toxic chemical substances ("PBTs") ineligible for exemptions available under the Toxic Substances Control...more
The Environmental Protection Agency ("EPA") is proposing stringent carbon dioxide emissions standards for coal- and gas-fired power plants....more
The Advance Notice of Proposed Rulemaking ("ANPRM") addresses seven per- and polyfluoroalkyl substances ("PFAS"), including PFBS and GenX. ...more
The Bureau of Land Management ("BLM") announced a sweeping proposed rule that would change how public lands are managed by the federal government.
On April 3, 2023, BLM published a proposed rule to promote the...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
The proposed amendment to NY law establishes a right to contribution for cost-recovery claims for settling parties in tort actions who clean up PFAS contamination.
Per- and polyfluoroalkyl substances ("PFAS") are synthetic...more
On March 14, 2023, the EPA took a step toward imposing federal limits on certain per- and polyfluoroalkyl substances in drinking water under the Safe Drinking Water Act.
The United States Environmental Protection Agency...more
Incoming: Mandatory Climate Risk Disclosures in Australia -
The Climate-Related Financial Disclosure Consultation Paper proposes that, commencing with the 2024/2025 financial year, large, listed entities and large...more
In Short -
The Situation: In 2021, the Biden Administration signaled its intent to replace the 2020 "Navigable Waters Protection Rule," which was vacated by a federal court, with a new definition of "waters of the United...more