The Climate Report Spring 2019

Jones Day

Climate Change Regulatory Issues & Updates

Green New Deal—The Next Phase of America's Climate Change Debate

The Green New Deal resolution, introduced in February to both houses of the U.S. Congress, signifies a new phase in the national debate over climate change policy in America. A central question of this debate is whether Congress should curtail fossil fuel use across American industries through a broad array of social and economic reforms and public works projects.


Implementation of a "Low-Carbon Label" in France

The French government is starting to implement a new "low-carbon label" created by a decree and a ministerial order, both dated November 28, 2018. This low-carbon label aims at contributing to France's National Low-Carbon Strategy by certifying voluntary projects for the reduction of anthropic greenhouse gas emissions, implemented on French territory.


Climate Change Litigation Issues & Updates

D.C. Circuit Remands Environmental Assessments for Wyoming Oil and Gas Leases to BLM to Consider GHG Emissions

On March 19, 2019, the U.S. District Court for the District of Columbia granted in part plaintiff nongovernmental organizations' motion for summary judgment, remanding nine environmental assessments, and corresponding findings of no significant impact, to the U.S. Bureau of Land Management ("BLM") to further consider the climate change impacts of oil and gas leasing operations BLM authorized on federal land in Wyoming.


Australian Court Rejects Proposed Coal Mine in Gloucester Valley, New South Wales

Citing significant adverse social impacts, the Land and Environment Court of New South Wales recently rejected Gloucester Resources Pty. Ltd.'s appeal of the Minister for Planning's refusal of a state significant development application for consent for the Rocky Hill Coal Project, a proposed new open cut coal mine in the Gloucester Valley in New South Wales, Australia, which would produce 21 million tonnes of coking coal over 16 years.


UK Coal Mining Planning Applications: Recent Cases

The potential impact of two new coal mining projects on climate change has recently been considered by separate UK decision makers, with the possibility that both projects may be allowed to move forward.


Climate Change Transactional Issues & Updates

The Future of Energy Storage in the United States is Bright

As utilities, independent power producers, and large corporates shift away from fossil fuels and toward renewable energy sources, energy storage is becoming a key piece of the renewable energy solution in the United States.


Germany Introduces Obligation to Install Need-Controlled Nighttime Identification of Wind Turbines

Wind energy has been a success story in Germany up to now, with onshore and offshore wind power generation totaling nearly 60,000 MW in 2018—more than 20 percent of German electricity production. But a recent amendment to the German Renewables Energies Act may increase costs of operations for many wind farms in Germany.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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