The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018
The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more
Less than a month after the Environmental Protection Agency (EPA) published environmental operational standards and greenhouse gas emission regulations for owners and operators of heavy-duty vehicles, including major freight...more
Environmental regulations, including those under the California Air Resources Board’s (“CARB”) jurisdiction, present a complex compliance challenge for vehicle fleet managers and operations departments across the country....more
What are the top legal and practical concerns stemming from a key California climate-change initative, its Advanced Clean Fleets (ACF) rule that went into effect in October 2023? This initiative by the California Air...more
On September 16, 2023, California Attorney General Rob Bonta filed a lawsuit against five of the world’s largest oil and gas companies for allegedly denying or downplaying the harm caused by fossil fuels on climate change....more
After Held v. Montana was decided, and I read Peter Vetere’s blog post, I’ve been thinking about the Massachusetts Constitution. Would Massachusetts’ youth have similar success arguing for a guaranteed safe, clean...more
Key Points - The co-legislators of the EU recently reached a provisional agreement on a regulation for a CBAM. CBAM will require importers to the EU of covered carbon-intensive products to pay a charge for the carbon...more
Need a refresher on key developments in 2022 to prepare you for what’s next in 2023? Here’s a rundown of some high-profile happenings, along with some you might have missed....more
Late last month, the D.C. Circuit Court of Appeals heard oral arguments in Midwest Ozone Group v. EPA, the latest challenge to the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule (CSAPR). The Good...more
On April 20, 2022, the Bay Area Air Quality Management District (BAAQMD) adopted, updated – and significantly changed – thresholds of significance under the California Environmental Quality Act (CEQA) for determining when a...more
Many have characterized West Virginia v. EPA as a decision depriving EPA of an important tool to address climate change under the Clean Air Act. The decision is better viewed as steering EPA away from a flawed regulatory...more
The Draft 2022 Scoping Plan Update takes an all-of-the-above approach to decarbonize California. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update for public review...more
On March 29, 2022, the Government of Canada released the first of a series of emissions reduction plans, entitled "2030 Emissions Reduction Plan – Canada's Next Steps for Clean Air and a Strong Economy" (the ERP) under the...more
Organic waste collection regulations became effective as of January 1, 2022 for local government jurisdictions in California. Since 2006 California has aggressively pursued establishment of economy-wide greenhouse gas (GHG)...more
The goal of the Clean Air Act’s visibility program is to achieve natural visibility conditions by 2064 in federal Class I areas (basically, national parks). States must show that they are making “reasonable progress” towards...more
EPA rescinds previous administration’s guidance on Clean Water Act permit requirements - Water & Wastes Digest – September 21 - The U.S. Environmental Protection Agency (EPA) is rescinding its guidance document: “Applying...more
Bay Area air quality regulators adopt stringent refinery particulate emissions standard - Reuters – July 21 - The governing board of the Bay Area Air Quality Management District (District) on Wednesday adopted...more
The Obama administration adopted the Clean Power Plan to reduce power sector greenhouse gas emissions in line with its commitments under the Paris Agreement climate accord. The Clean Power Plan invoked Clean Air Act §...more
One thing that is clear from the 2020 election: the Senate will remain closely divided, with slim majority control to be determined by the two January Senate runoff races in Georgia. President Elect Biden has announced the...more
U.S. formally exits Paris Climate Agreement - Bullet Associated Press – November 4 - The United States this Wednesday formally left the Paris Climate Agreement, a global pact it helped forge five years ago during the...more
The Earth’s climate is changing. With unprecedented fires in California and the State’s litigation with the federal government, the Brazilian rainforest fires, and the aircraft industry’s inability to curb aircraft emissions,...more
On July 16, 2020, Environment and Climate Change Canada (ECCC) released its Strategic Assessment of Climate Change (SACC). The SACC provides detailed guidance to those project proponents required to assess climate change...more
CARB Finalizes Amendments to At-Berth Vessel Rules - On August 27, 2020, the California Air Resources Board (CARB) adopted new emission reductions requirements for At-Berth Vessels. These regulations will require...more
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
CARB to Hold Second Public Workshop on Clean Miles Standard to Reduce Greenhouse Gas Emissions Associated with Ride-Sharing Services - On July 17, 2020, the California Air Resources Board (CARB) will hold another public...more