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CFTC Proposes Guidance on Listing Voluntary Carbon Credit Derivative Contracts, Continuing Focus on Carbon Markets

On December 4, 2023 the CFTC issued proposed guidance regarding the listing of voluntary carbon credit ("VCC") derivative contracts ("Proposed Guidance"). The Proposed Guidance outlines factors that designated contract...more

The Ethereum Merge's Climate & Energy Implications May Be Only the Beginning for the Crypto-Asset Industry

Load management is a hot topic these days, as grid managers struggle to satisfy growing energy demand in the face of steadily intensifying seasonal weather patterns. According to the U.S. Energy Information Administration,...more

Biden Signs Historic Climate Legislation

The Inflation Reduction Act of 2022 (IRA) signed by President Biden on August 16, 2022, features $369 billion of incentives to dramatically reduce U.S. greenhouse gas (GHG) emissions. Future blog posts will analyze individual...more

The Supreme Court Casts a Shadow Over the Fight Against Climate Change (and So Much More)

On June 30, the last day of an historic term, the Supreme Court issued its decision in West Virginia v. EPA. As expected, the Court struck down EPA's 2015 Clean Power Plan (CPP), which was intended to reduce greenhouse gas...more

Legislature v. Inslee… Again: New Washington Climate Laws Unsettled by Separation of Powers Disputes

On Monday, December 20, 2021, for the second time in three years, the Washington State Legislature sued Governor Inslee over his line-item vetoes related to climate change policy. ...more

Carbon Offsets 101: Big Gains (and Some Growing Pains) in Forest Carbon Offset Markets

Companies looking to reduce their climate impacts and greenhouse gas (GHG) emissions use a variety of tools to do so: buying renewable electricity (especially solar and wind); improving the efficiency of energy-hungry...more

New Chairman Glick Aims to Amp Up FERC's Response to Climate Change

On the day after his inauguration, President Biden designated Commissioner Richard Glick as the new Chairman of the Federal Energy Regulatory Commission (FERC). Chairman Glick, a Democrat, joined FERC in 2017, bringing...more

Trump Orders Ban on Power Equipment Transactions Linked to "Foreign Adversaries"

On May 1, 2020, President Trump signed an Executive Order on “Securing the United States Bulk-Power System,” reflecting the administration’s larger concern over national security risks from foreign participation in key U.S....more

Carbon Trading Comes to Washington State as Supreme Court Partially Restores Climate Regulation

With recent action by the Washington State Supreme Court, carbon trading is coming soon to the Evergreen State—though on a much more limited basis than Governor Jay Inslee and the State Department of Ecology had hoped....more

Three Earth Day Bills Punctuate Washington State’s Run of Climate and Energy Legislation

On Monday—Earth Day—the Washington Legislature’s final passage of three bills put an exclamation point on a string of significant climate and energy legislation....more

Washington State Aims for 100% Clean Electricity

The Washington State Legislature is completing work on major legislation that would require the state’s electric utilities to eliminate all greenhouse gas emissions from their generating fleet within the next quarter century....more

Children’s Climate Crusade Litigation: Trump Administration Files Opening Brief in 9th Circuit

The Juliana v. U.S. climate change litigation (better known as part of the Children’s Climate Crusade) is back in the spotlight. The case was filed in Oregon U.S. District Court in 2015 on behalf of future generations to...more

SCOTUS, Denying Cert, Subjects Exxon to Broad Massachusetts Climate Investigation

By refusing to hear an appeal from Exxon Mobil, the U.S. Supreme Court declined to protect the oil giant from handing over decades of climate change-related documents to the Massachusetts Attorney General....more

D.C. Circuit Sinks FERC Hydro License for Failure to Adequately Consider Past Environmental Harm

Last Friday, the D.C. Circuit torpedoed a hydroelectric license issued in 2013 to Alabama Power Company because the Federal Energy Regulatory Commission (FERC) and the U.S. Fish and Wildlife Service (USFWS) “declined to...more

Climate change Regulation Starts to Take Shape in Washington State

In 2015, the Washington Legislature failed to act on Governor Jay Inslee’s cap-and-trade proposal to limit the greenhouse gas emissions that cause climate change. Since then, all branches of Washington State government, as...more

Supreme Court Rejects Maryland Power Plant Subsidies, But Signals Permissible Ways for States to Incentivize New Plants

In recent years, Maryland attempted to subsidize new power plants by guaranteeing prices for generating capacity at wholesale auctions administered by PJM Interconnection L.L.C. (PJM). Tuesday, the Supreme Court unanimously...more

Congress Acts to Protect Critical Electric Infrastructure Information

On December 4, 2015, President Obama signed into law the “FAST Act”—short for Fixing America’s Surface Transportation Act. Though primarily a highway bill, the FAST Act also includes energy security amendments to the Federal...more

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