As part of a package of new climate change legislation, on October 7, 2023, California Governor Gavin Newsom signed into law the Voluntary Carbon Market Disclosures Act (“VCMDA” or “AB 1305”). Intended as an effort to reduce...more
In groundbreaking legislation, California continues to lead the nation in climate change regulation by enacting the bulk of the California Climate Accountability Package – an unprecedented climate disclosure mandate for...more
Designation of PFOA as a Carcinogen Will Increase Litigation Risks and Expand Proposition 65 Labeling Obligations -
On March 19, 2021, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced that...more
Use of Short-Form Warnings Would be Restricted for Products and Eliminated for Websites and Catalogs -
Manufacturers of products sold to consumers and packaging companies should take notice of important new developments...more
State regulatory statements and guidelines for climate change readiness are emerging independent of federal government action.
As climate change is not just about future impacts, financial institutions are compelled to...more
The Impact of COVID-19 on Nuclear Electricity Sales Contracts in France -
The electricity sector, like numerous others in France, has been heavily affected by the economic shutdown due to the COVID-19 pandemic.
The...more
6/25/2020
/ Administrative Hearings ,
Amended Rules ,
CARB ,
Climate Change ,
Commercial Bankruptcy ,
Construction Project ,
Coronavirus/COVID-19 ,
Delays ,
Electricity ,
Energy Sector ,
FERC ,
Force Majeure Clause ,
France ,
Low Carbon Fuel Standard ,
Mexico ,
Natural Gas ,
Nuclear Power ,
OSHA ,
Petition For Rehearing ,
Pipelines ,
Power Companies ,
Power Grid ,
Public Nuisance ,
Removal ,
Renewable Energy ,
Sales Contracts ,
Solar Energy ,
State Law Tort Claims ,
Wind Power ,
Workplace Injury
California caps LCFS credit prices.
Pressing forward with its efforts to address climate change, the California Air Resources Board (“CARB”) finalized amendments to its innovative LCFS. To add stability to the credit...more
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
U.S. Army Corps of Engineers Enjoined from Using NWP 12 to Authorize “Utility Line Activities” in Jurisdictional Waters -
On April 15, 2020, a federal district court in Montana invalidated the United States Army Corps of...more
U.S. Government’s Continued Focus on Large Ship Air Emissions -
The U.S. Environmental Protection Agency (“EPA”) and the U.S. Coast Guard (“USCG”) continue to signal interest in addressing air pollution from large ships...more
2/14/2020
/ Air Pollution ,
Air Quality Standards ,
Carbon Emissions ,
Energy Sector ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Midstream Contracts ,
NEPA ,
Oil & Gas ,
Tax Credits ,
Transportation Industry ,
Vessels
Agency consideration of climate change curtailed in update to decades-old policy -
On January 9, 2020, President Trump’s Council on Environmental Quality (“CEQ”) proposed to “update” the nearly forty-year-old regulations...more
1/16/2020
/ CEQ ,
Climate Change ,
Comment Period ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Environmental Review ,
Greenhouse Gas Emissions ,
NEPA ,
Public Comment ,
Regulatory Reform ,
Rulemaking Process
Rekindling the Flame: Oil & Gas Securitizations -
A number of recent structurings of investment-grade rated securitizations of oil and gas wells are sparking conversations in the U.S. upstream oil and gas industry about...more
12/20/2019
/ Arbitration ,
Climate Change ,
Energy Sector ,
Green Buildings ,
International Chamber of Commerce (ICC) ,
Liquid Natural Gas ,
Offshore Drilling ,
Oil & Gas ,
PFAS ,
Securitization ,
Service Contracts ,
Structured Finance
The newly-released movie Dark Waters, starring A-list actors Mark Ruffalo and Anne Hathaway, has increased public attention on a group of emerging chemicals called Per- and Polyfluoroalkyl substances (“PFAS”). This increased...more
11/26/2019
/ Clean Water Act ,
Dark Waters ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Legislative Agendas ,
Multidistrict Litigation ,
PFAS ,
State Legislatures ,
Toxic Chemicals
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
New York City and Los Angeles have announced unprecedented plans to address climate change with an emphasis on greenhouse gas emissions from large buildings. New York City enacted a legislation package requiring certain...more
5/2/2019
/ Building Codes ,
Carbon Emissions ,
Climate Change ,
Commercial Real Estate Market ,
Construction Industry ,
Exemptions ,
Green Buildings ,
Greenhouse Gas Emissions ,
Local Ordinance ,
Popular ,
Real Estate Development ,
Residential Real Estate Market
Shifting Dynamics in Latin America -
On March 5, 2019, King & Spalding hosted an Energy Forum, titled “Shifting Dynamics in Latin America”, to discuss the political and regulatory changes in Latin America and their impact...more
Whether a discharge to groundwater that results in pollution of jurisdictional surface waters is regulated under the Clean Water Act (the “CWA”) is the subject of much debate, conflicting decisions from the Circuit Courts of...more
Developers and landlords faced the first generation of “green building” initiatives with LEED (Leadership in Energy and Environmental Design) certification and EPA’s Energy Star programs. Now, the states are ready to embark...more
4/2/2019
/ Carbon Emissions ,
Climate Change ,
Construction Industry ,
Energy Policy ,
ENERGY STAR Program ,
Environmental Protection Agency (EPA) ,
Green Buildings ,
Greenhouse Gas Emissions ,
LEED Certified ,
Net Zero ,
Popular ,
Real Estate Development ,
Solar Panels
Texas Supreme Court Finds Anadarko is Entitled to Over $100 Million in Deepwater Horizon Defense Costs Based on Undefined Term in Insurance Policy -
Insurance coverage litigation arising out of the 2010 Deepwater Horizon...more
The scope of the Clean Water Act (“CWA”) has vexed the courts and lead agencies for over a decade. In one of the most significant environmental cases this year, on February 19, 2019, the Supreme Court granted the petition for...more
2/22/2019
/ Certiorari ,
Clean Water Act ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Navigable Waters ,
NPDES ,
Point Sources ,
Proposed Regulation ,
Proposed Rules ,
Public Comment ,
SCOTUS ,
Waters of the United States ,
Wetlands
The U.S. Environmental Protection Agency (“EPA”) recently issued new regulations for managing pharmaceutical waste under the Resource Conservation and Recovery Act (“RCRA”). The rules specify new requirements for hazardous...more
2/20/2019
/ Environmental Protection Agency (EPA) ,
FDA Approval ,
Hazardous Waste ,
Healthcare Facilities ,
Hospitals ,
New Regulations ,
New Rules ,
Pharmaceutical Industry ,
Prescription Drugs ,
RCRA ,
Small Generators ,
Solid Waste ,
Waste Management
On February 14, 2019, the United States Environmental Protection Agency (“EPA”) published its long-awaited “action plan” intended to address potential risks posed by Per- and Polyfluoroalkyl substances (“PFAS”).
PFAS are a...more
2/15/2019
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
National Action Plan ,
Public Health ,
Regulatory Agenda ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Water Supplies