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Nutter McClennen & Fish LLP

Environment & Energy Insights (September 2024)

Welcome to the September edition of Nutter’s Environment & Energy Insights, a monthly update of current trends in environment and energy law. This month we cover ...more

Clark Hill PLC

Clark Hill 2024 Automotive & Manufacturing Industry Review: Environment, Energy & Natural Resources

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The Supreme Court’s repeal of Chevron deference and multiple activities regarding per- and polyfluoroalkyl substances (PFAS) were among the significant developments for manufacturers during the first half of 2024....more

Cadwalader, Wickersham & Taft LLP

Back in Session: Energy Tax Credits

The Inflation Reduction Act of 2022 (the “IRA”) allows firms to develop and sell clean energy tax credits.  In our last update, we discussed the uncertain future of energy tax credit sales as we head into the election....more

Williams Mullen

Environmental Notes - October 2024

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EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards - In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for...more

Akin Gump Strauss Hauer & Feld LLP

This Week's Climate Policy Update - September 2024 #2

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Beveridge & Diamond PC

Voluntary Carbon Markets: U.S. Increases Focus on Ensuring Market Integrity

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In May 2024, the White House announced a Joint Policy Statement and Principles (Statement ) on voluntary carbon markets (VCMs) in conjunction with the U.S. Department of Energy, the U.S. Department of the Treasury, and the...more

Katten Muchin Rosenman LLP

Hackers Attack Water Treatment Plant in Arkansas City Prompting Federal Investigation

On September 22, 2024, Arkansas City was hit by a cyberattack at its water treatment facility. The Federal Bureau of Investigation and the U.S. Department of Homeland Security, together with city officials and local...more

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

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