The California legislature continues to press forward with the implementation of two of the state's sweeping climate disclosure laws after a proposal to delay the implementation dates by the governor failed to be considered...more
On July 22, 2024, U.S. Senators Joe Manchin (I-WV) and John Barrasso (R-WY) released a long-awaited energy permitting reform bill, which aims to accelerate the permitting process for critical energy, mineral, and related...more
7/26/2024
/ Energy Policy ,
Energy Projects ,
Energy Reform ,
FERC ,
Infrastructure ,
Judicial Review ,
Liquid Natural Gas ,
Natural Gas ,
Oil & Gas ,
Power Plants ,
Proposed Legislation ,
Regulatory Agenda ,
Statute of Limitations
In Ohio et al. v. U.S. EPA, on April 9, 2024, the United States Court of Appeals for the D.C. Circuit upheld a decision by the U.S. Environmental Protection Agency ("EPA") to allow California's 2013 greenhouse gas emissions...more
6/18/2024
/ Automotive Industry ,
Clean Air Act ,
Climate Change ,
Congressional Authority ,
Constitutional Challenges ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Motor Vehicles ,
National Emissions Standards ,
National Highway Safety Administration ,
Zero-Emission Vehicles
On April 25, 2024, the Environmental Protection Agency ("EPA") finalized four rules to regulate pollution from fossil fuel-fired power plants. EPA's stated goal was to provide a framework on which power plants can rely for...more
On April 19, 2024, EPA announced its highly anticipated final rule designating two polyfluoroalkyl substances ("PFAS")—perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS")—as "hazardous substances" under...more
4/22/2024
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
Superfund ,
Toxic Chemicals ,
Toxic Exposure
The U.S. Environmental Protection Agency ("EPA") finalized the strictest-ever emission standards for heavy-duty vehicles. On March 29, 2024, EPA announced new emission standards for heavy-duty vehicles for model years 2027...more
The U.S. Environmental Protection Agency ("EPA") announced new stringent emissions standards for automobiles, which the Biden administration has deemed the "strongest-ever vehicle pollution standards" in U.S. history....more
Business groups in California challenge the constitutionality of new climate reporting laws. ...more
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)
In Short -
The Situation: The California legislature passed landmark climate bills that surpass emissions disclosure requirements of any other existing state law. The bills are branded as the nation's first comprehensive...more
9/28/2023
/ California ,
CARB ,
Climate Action Plan ,
Climate Change ,
Disclosure Requirements ,
Doing Business ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Legislative Agendas ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Sustainability
On April 27, 2023, the California Air Resources Board ("CARB") approved a first-in-the-nation regulation that limits the emission of greenhouse gases, criteria pollutants, and toxic air contaminants from locomotives in the...more
8/18/2023
/ CARB ,
Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Environmental Policies ,
Greenhouse Gas Emissions ,
ICCTA ,
Railroads ,
Railways ,
Trains ,
Zero Emission Credits
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
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
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 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
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
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
In Short -
The Situation: The Environmental Protection Agency's ("EPA") new guidance memorandum to states provides direction on how they can use the National Pollutant Discharge Elimination System ("NPDES") permitting...more
On September 16, 2022, California Governor Gavin Newsom signed a broad legislative package into law that aims to aggressively address climate change. The material aspects of each of these new measures is discussed below....more
The EPA announced on August 26, 2022, a proposed rulemaking that would designate perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS"), including their salts and structural isomers, as hazardous substances...more
The delegated regulation includes a new comprehensive and unified reporting methodology to direct investments toward environmentally sustainable economic activities....more
3/1/2022
/ Climate Action Plan ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
EU ,
Greenhouse Gas Emissions ,
Investment ,
Investor State Dispute Settlement (ISDS) ,
Net Zero ,
Real Estate Development ,
Regulatory Reform ,
Taxonomy
On December 30, 2021, the U.S. Environmental Protection Agency ("EPA") published a final rule (the "Final Rule") setting revised greenhouse gas emissions standards for passenger cars and light-duty trucks with model years...more
2/28/2022
/ Automotive Industry ,
Biden Administration ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Fuel Efficiency ,
Greenhouse Gas Emissions ,
Infrastructure ,
Motor Vehicles ,
National Emissions Standards ,
Regulatory Reform ,
Regulatory Requirements