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Recent Updates to State and Federal Climate Disclosure Laws

Last year, California became the first state to pass laws requiring companies to make disclosures about their greenhouse gas (“GHG”) emissions as well as the risks that climate change poses for their businesses and their...more

Change is in the Air: Everything You Need to Know About California’s Sweeping New Climate Disclosure Laws

On October 7, 2023, California Governor Gavin Newsom signed into law two sweeping climate disclosure bills, Senate Bill 253 (“SB 253”), the Climate Corporate Data Accountability Act, and Senate Bill 261 (“SB 261”), the...more

California Air Resources Board Adopts 2022 Scoping Plan

In the closing weeks of 2022, the California Air Resources Board (“CARB” or “Board”) approved its final 2022 Scoping Plan, which sets forth a detailed roadmap to accelerate the reduction of greenhouse gas (“GHG”) emissions in...more

EPA Endorses New Standard for Phase I Environmental Site Assessments

After unexpected controversy earlier in the year, on December 15, 2022 the U.S. Environmental Protection Agency (EPA) issued a Final Rule unambiguously recognizing the ASTM International Standard E1527-21 for Phase I...more

PFAS As Hazardous Substances: Top 5 Implications For Businesses

The U.S. Environmental Protection Agency (EPA) took an important step toward regulating PFAS (per- and poly-fluoroalkyl substances) on September 6, 2022 when it published a Notice of Federal Rulemaking to begin the process of...more

A Quick Guide to EV Charging Infrastructure Funding and Incentives in California

The 2021 Infrastructure Investment and Jobs Act (IIJA) provided $1.2 trillion in federal funding for infrastructure, including approximately $384 million to support California EV infrastructure through the National Electric...more

Lawmakers and Regulators Examine Role of Blockchain Technology in Energy Transitions

U.S. state and federal lawmakers, as well as federal regulators, are increasingly focusing on the role of blockchain and distributed ledger technology (“DLT”) in ongoing efforts to combat climate change and to facilitate the...more

[Webinar] PFAS & Real Property Transactions: The Essentials of Diligence and Compliance - June 9th, 12:00 pm - 1:00 pm PT

Regulators across the country are increasingly focused on per- and polyfluoroalkyl substances (PFAS) in soil and water. These “forever chemicals” are persistent and widespread, and pose complex cleanup challenges. As federal...more

The Sheppard Mullin Six: FERC Carbon Pricing Policy

Here are six key items to be aware of today concerning FERC Carbon Pricing Policy: 1. FERC issues Policy Statement on carbon pricing. On October 15, 2020, during a FERC webcast technical conference on “Carbon Pricing in...more

Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn [Audio]

The Earth’s climate is changing. With unprecedented fires in California and the State’s litigation with the federal government, the Brazilian rainforest fires, and the aircraft industry’s inability to curb aircraft emissions,...more

CORSIA Baseline Emissions Decision

The International Civil Aviation Organization (ICAO) has determined that 2019, rather than 2020, will be used as the emissions baseline for the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA).  Here...more

US EPA’s COVID-19 Interim Guidance on Site Field Work Decisions

On April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued Interim Guidance regarding EPA decision-making with respect to the potential impacts of the current novel coronavirus (COVID-19) pandemic on field work...more

U.S. EPA’s Temporary COVID-19 Enforcement Discretion Policy

On Thursday, March 26, the United States Environmental Protection Agency (“EPA”) announced and issued a Memo establishing an agency-wide temporary enforcement policy suspending or staying a broad array of enforcement efforts...more

Politics Trumps Economics? Trump’s Revocation of California’s Waiver Under the Clean Air Act

Yesterday President Trump announced on Twitter that the U.S. was revoking California’s waiver under the Clean Air Act (CAA) which allowed it to impose stricter tailpipe emission standards than the federal ones. California’s...more

Nota Bene Episode 50: Who is Filling the International Divergence in Climate Change Regulation? [Audio]

With crucial existing environmental regulations being threatened with rollbacks by the government and the Earth’s sustainability becoming more dire, the Federal government, the states, and businesses are in a head to head...more

On Repeat: Courts Again Uphold Low Carbon Fuel Standard Programs

The Ninth Circuit Court of Appeals recently upheld – for the second time – California’s Low Carbon Fuel Standard (“LCFS”) against constitutional challenges brought by industry groups. The case, Rocky Mountain Farmers Union v....more

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