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
The California Air Resources Board ("CARB") is conducting public workshops during the fall of 2021 as part of its planning for the next Climate Change Scoping Plan, which will lay out strategies for achieving California's...more
11/5/2021
/ Air Pollution ,
California Air Resources Board ,
Carbon Capture and Sequestration ,
Climate Change ,
Comment Period ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Manufacturing Facilities ,
Natural Resources ,
Oil & Gas ,
Pollution Control ,
Regulatory Agenda ,
Regulatory Reform
The Background: In recent years, the scientific and regulatory communities have paid increasing attention to per- and polyfluoroalkyl substances ("PFAS"), which have been common components for decades in consumer and...more
On September 23, 2020, California Governor Gavin Newsom issued Executive Order N-79-20 (the "Order"), setting new statewide goals for phasing out gasoline-powered cars and trucks in California. Under the Order, 100% of...more
Climate Change Regulatory Issues & Updates -
European Commission Announces 2030 Climate Target Plan -
The plan aims to put the European Union on a balanced pathway to reaching climate neutrality by 2050....more
The Situation: New regulatory amendments to Proposition 65 went into effect on April 1, 2020. These amendments: (i) allow manufacturers, distributors, and suppliers of consumer products to satisfy Proposition 65's warning...more
8/14/2020
/ Amended Regulation ,
Comment Period ,
Consumer Product Companies ,
Distributors ,
Manufacturers ,
Notice Requirements ,
OEHHA ,
Proposition 65 ,
Public Comment ,
Supply Chain ,
Toxic Chemicals ,
Warning Labels
On June 26 and 29, 2020, the petitioners in Union of Concerned Scientists v. NHTSA, Case No. 19-1230 (D.C. Cir.), filed briefs with the U.S. Court of Appeals for the District of Columbia Circuit, arguing against the first...more
8/6/2020
/ Air Quality Standards ,
Automotive Industry ,
Clean Air Act ,
Climate Change ,
Energy Policy and Conservation Act (EPCA) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
NHTSA ,
Petition for Review ,
Preemption ,
Public Health ,
Zero-Emission Vehicles
Climate Change Regulatory Issues & Updates -
NHTSA and EPA Finalize the Safer Affordable Fuel-Efficient Vehicles Rule -
The new rule completes the rollback of the Obama-era vehicle emissions standards....more
The Situation: The Supreme Court held that a discharge through groundwater that is the functional equivalent of a direct discharge to navigable waters requires a Clean Water Act permit.
The Result: Some discharges to...more
5/6/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
The Situation: The U.S. Supreme Court recently considered, in Atlantic Richfield Co. v. Christian, whether the Comprehensive Environmental Response, Compensation and Recovery Act ("CERCLA") deprives Montana state courts of...more
4/29/2020
/ Approval Requirements ,
Atlantic Richfield Co v Christian ,
CERCLA ,
Clean-Up Costs ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Land Owners ,
MT Supreme Court ,
Nuisance ,
Potentially Responsible Party (PRP) ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Site Remediation ,
State Law Claims ,
Strict Liability ,
Trespass
The Situation: Proposed resolutions in Congress and an injunction request in a Ninth Circuit case both seek significant reductions in fossil fuel use throughout the economy.
The Result: In the near term, it is easy to...more
3/15/2019
/ Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Energy Policy ,
Environmental Policies ,
Fossil Fuel ,
Green New Deal ,
Greenhouse Gas Emissions ,
Legislative Agendas ,
Oil & Gas ,
Proposed Legislation ,
Public Trust Doctrine
The Situation: In what may portend the beginning of the end to the latest chapter of U.S. filed state law "global warming" or climate change litigation against industry, a federal court in San Francisco denied a motion to...more
US. REGULATORY AND LITIGATION DEVELOPMENTS -
EPA PROPOSES TO RESCIND CLEAN POWER PLAN -
What EPA Did -
In a decision expected and promised since the election of President Donald Trump, the United States...more
11/27/2017
/ Air Pollution ,
Carbon Emissions ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Company Vehicles ,
Electric Vehicles ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Fracking ,
France ,
Global Warming ,
Greenhouse Gas Emissions ,
Investors ,
Land-Use Permits ,
Netherlands ,
Nonprofits ,
Oil & Gas ,
Paris Agreement ,
Popular ,
Renewable Energy ,
Rescission ,
Stakeholder Engagement ,
Sustainable Business Practices
On April 6, 2017, the California Court of Appeal, in a 2–1 decision, upheld the sale of greenhouse gas ("GHG") emission allowances in California's cap-and-trade program. California Chamber of Commerce v. State Air Resources...more