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Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
Baker Botts L.L.P.

CFTC Approves Guidance on Voluntary Carbon Credit Derivative Listings

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On September 20, 2024, in a 4-1 vote, the Commodity Futures Trading Commission (“CFTC” or “Commission”) approved final guidance for derivatives exchanges concerning the listing of voluntary carbon credit (“VCC”) derivative...more

Holland & Hart LLP

October 1 Deadline for Producers to Register under Colorado's New Recycling System is Fast Approaching

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The Colorado Legislature has adopted an Extended Producer Responsibility (“EPR”) Program which requires producers of certain packaging and paper materials to cover the cost of recycling those materials in the state. If you...more

King & Spalding

EPA Approves Indirect Source Rule to Reduce Emissions from Warehouses in Southern California Air District, Potentially Paving the...

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On September 11, 2024, the U.S. Environmental Protection Agency (“EPA”) approved under the Clean Air Act (“CAA”) an indirect source rule that is intended to reduce emissions associated with warehouses located within the South...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Senate: Carbon Scoring Act of 2024 Introduced

On September 12th, legislation denominated the Carbon Scoring Act of 2024 (“Act”) was introduced in the United States Senate...more

Nossaman LLP

[Webinar] Navigating Environmental Restrictions on Alternative Project Delivery for Complex Infrastructure Projects - October...

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The National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA) and other environmental laws can create significant legal risks for the delivery of complex infrastructure projects using...more

Mitchell, Williams, Selig, Gates & Woodyard,...

GenX/Safe Drinking Water Act: Federal Appellate Court Addresses Reviewability of Health Advisory

The United States Court of Appeals, Third Circuit (“Court”) addressed in a July 23rd Opinion an issue arising out of publication of a health advisory by the United States Environmental Protection Agency (“EPA”). See Chemours...more

White & Case LLP

What does it mean to be a responsible mining & metals player in 2024?

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The mining & metals industry stands at a critical juncture, facing unprecedented societal, regulatory and risk management pressures. As global attention on environmental sustainability and social responsibility intensifies,...more

DLA Piper

European Union Deforestation Regulation: What US Companies Should Know

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Due diligence requirements under the Regulation on Deforestation-Free Products (EUDR) will apply starting on December 30, 2024, setting in motion a landmark regulation to prevent products linked to deforestation and forest...more

Jones Day

Mandatory Climate Disclosure Laws to Take Effect in Australia

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Australia has now officially passed laws that will introduce a mandatory climate-related financial disclosure regime from 1 January 2025. This is one of the most significant reforms to corporate financial reporting in...more

Bergeson & Campbell, P.C.

Senate Committee Will Hold Hearing on September 26 on Public Health Impacts of PFAS Exposures

The Senate Committee on Environment and Public Works will hold a hearing on September 26, 2024, on “Examining the Public Health Impacts of [Per- and Polyfluoroalkyl Substances (PFAS)] Exposures.” The Committee will hear from...more

Bergeson & Campbell, P.C.

EPA Proposes Updates to Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing

On September 13, 2024, the U.S. Environmental Protection Agency (EPA) began a public comment period on a proposed update to its Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing...more

ASKramer Law

Energy Tax Credits for a New World Part VIII: Monetizing Energy Tax Credits

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What is “monetization”? Monetization is the process by which property is converted into money or something else of value. In the context of the Inflation Reduction Act of 2022 (IRA), certain provisions can allow entities that...more

BakerHostetler

More PFAS Definitions, More Problems - Using PFAS Definitions to Avoid Pitfalls in Compliance, Contracting, Insurance Coverage and...

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There’s no shortage of laws or regulations governing per- and polyfluoroalkyl substances (PFAS). But how PFAS are defined across federal and state programs is far from consistent....more

Troutman Pepper

Unlocking America’s Clean Hydrogen Potential: Navigating Policy, Challenges, and Market Opportunities

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The U.S. clean hydrogen sector is poised for significant growth, driven in part by its potential to reduce carbon dioxide emissions in hard-to-abate industries such as transportation and chemical production. Originally...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Decisions Curtail Regulatory Agencies’ Powers, Making It Easier To Challenge Rules

The U.S. Supreme Court’s 2023 term is another chapter in the Roberts Court’s trend of shifting power away from administrative agencies and into the hands of courts....more

Bergeson & Campbell, P.C.

EPA Moves for Voluntary Remand, Seeks to Reconsider PMNs in Cherokee Concerned Citizens

On September 20, 2024, the U.S. Environmental Protection Agency (EPA) filed a motion in the U.S. Court of Appeals for the District of Columbia Circuit for a voluntary remand of the case brought by Cherokee Concerned Citizens...more

Vinson & Elkins LLP

California Sues Oil Company for Plastics Recycling Claims

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On September 23, 2024, the State of California filed a new greenwashing salvo against an oil major by filing a plastics-related lawsuit in the San Francisco County Superior Court. The lawsuit accuses the oil major of...more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - September 2024 #4

In this week’s edition, we discuss the investor expectations set out by the Finance Sector Deforestation Action for banks to address the financial risks of deforestation; the Voluntary Carbon Markets Integrity initiative’s...more

Cozen O'Connor

Cozen Currents: It's (Already) Election Day Somewhere

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The Cozen Lens · Election Day is just 41 days away but voting has already begun in some states, mitigating the impact of both candidates’ campaigns as we draw closer to November 5th. · Tech leaders are...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and City of Lonoke,...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the City of Lonoke, Arkansas entered into a July 18th Consent Administrative Order (“CAO”) addressing violations of a Clean...more

Foley & Lardner LLP

The Evolving Mix of the Energy Sources for the U.S.'s Electric Generating Capacity

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Current Generating Capacity - As of 2024, total installed electric generating capacity in the United States is approximately 1,250 gigawatts (GWs). This capacity is distributed across a diverse mix of energy sources, with...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: U.S. Environmental Protection Agency and Philadelphia, Pennsylvania Car Wash Operator Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Yong’s Car Wash, Inc. (“Yong’s”) entered into a September 19th Consent Agreement (“CA”) addressing alleged violations of the underground storage tank (“UST”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Sale of Manufacturing Facility/Landfill Permit Acquisition: Federal Court Addresses Unjust Enrichment/Promissory Estoppel Claims

Co-Author Chacey Schoeppel Wilcox A United States District Court (Indiana) (“Court”) addressed in a July 30th Order issues arising out of the sale of a manufacturing facility for which there was interest in constructing a...more

Mayer Brown

CMA Guidance on Environmental Agreements

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KEY TAKEAWAYS - The CMA’s Green Agreements Guidance sets out its approach to applying competition law in relation to agreements between competitors that are aimed at reducing the adverse impact of economic activities on...more

Foley Hoag LLP - Energy & Climate Counsel

Statewide Large Building Energy Reporting Now on the Horizon in Massachusetts

As we posted previously, a lesser-known provision of the Massachusetts legislature’s 2022 An Act Driving Clean Energy and Offshore Wind created M.G.L. ch.25A §20, which requires the reporting of energy usage data for...more

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