News & Analysis as of

Biden Administration Environmental Protection Agency (EPA) Clean Power Plan

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: V 7, Issue 11, November 2023

Pennsylvania and RGGI – Decision and Resolution - On November 1, 2023, the Commonwealth Court of Pennsylvania, in a five-judge panel decision, issued a long-awaited ruling denying the authority of the executive branch,...more

BakerHostetler

West Virginia v. EPA and ‘Major Questions’ Facing the Competition Agencies

BakerHostetler on

The U.S. Supreme Court’s June 30 decision in West Virginia v. Environmental Protection Agency will reverberate throughout the administrative state, inviting challenges to agency actions on major policy issues - including...more

Hinshaw & Culbertson - Insights for Insurers

West Virginia v. EPA: Insurers Should Consider How Big of a Bite the U.S. Supreme Court Took Out of the "E" in ESG

We have written extensively about environmental, social, and governance ("ESG") otherwise known as sustainability, and its impact on insurers and their policyholders. We have pointed out how ESG has impacted insurers qua...more

Akin Gump Strauss Hauer & Feld LLP

Ten Executive Branch Climate and Sustainability Developments to Watch in 2022

With 2022 underway, the Biden-Harris administration is continuing to implement its “whole-of-government” response to climate change. In 2021, the administration focused on building public-private partnerships on clean energy,...more

Akin Gump Strauss Hauer & Feld LLP

New U.S. Paris Agreement Pledge Sets Aggressive Target and Offers Clues for Business Planning and Advocacy Efforts on Climate...

Key Points - On Earth Day, the Biden-Harris administration announced a new target for the United States to achieve a 50 to 52 percent reduction in economy-wide GHG emissions by 2030, which constitutes the country’s new NDC...more

Brownstein Hyatt Farber Schreck

USDA Climate-Smart Agriculture and Forestry: Request for Comments

Fluctuating water supply and reliability throughout the U.S. has the potential to have major implications for rural communities, farmers, agricultural operators, ranchers, forest owners, and other stakeholders. Adapting to...more

Holland & Hart LLP

Assessing Climate Cost in Policy Decisions

Holland & Hart LLP on

Right out of the box, the Biden Administration took a decisive stance on the importance of climate costs in agency decision making, returning to Obama-era metrics and values. On his first day in office, President Biden issued...more

Jones Day

D.C. Circuit Overturns Trump Administration Power Plant Rule

Jones Day on

In 2015, the U.S. Environmental Protection Agency ("EPA") adopted the Clean Power Plan ("CPP") pursuant to Clean Air Act ("CAA") Section 111. The CPP set out guidelines to help states develop individual plans to limit carbon...more

Mintz - Energy & Sustainability Viewpoints

DC Circuit Vacates Trump Administration’s Affordable Clean Energy Rule

On January 19, 2021 the United States Court of Appeals for the District of Columbia Circuit (the “DC Circuit”) vacated the Affordable Clean Energy Rule (the “ACE Rule”), a policy instituted by the Environmental Protection...more

Vinson & Elkins LLP

The EPA’s Clean Power Plan Is Only Mostly Dead

Vinson & Elkins LLP on

The Obama administration’s Clean Power Plan (“CPP”) — an unprecedented use of the Clean Air Act to regulate greenhouse gas (“GHG”) emissions from power plants — is only “mostly dead” and could soon spring back to life. Yes,...more

Brownstein Hyatt Farber Schreck

Executive Order Pauses Federal Fossil Fuel Leasing, Encourages Renewable Development

Among other broad policy objectives intertwined in President Biden’s “Executive Order on Tackling the Climate Crisis at Home and Abroad” is the direction to the secretary of the interior to “pause new oil and natural gas...more

Foley & Lardner LLP

Climate Two-Step: D.C. Circuit Vacates Affordable Clean Energy Rule Just as U.S. Rejoins Paris Accord

Foley & Lardner LLP on

On the eve of the new Biden Administration, the U.S. Court of Appeals for the D.C. Circuit vacated a key greenhouse gas rule created by the Trump Administration. The Biden Administration also swiftly rejoined the Paris...more

Husch Blackwell LLP

DC Circuit Court Vacates And Remands The Trump Administration’s Affordable Clean Energy Rule

Husch Blackwell LLP on

On Tuesday, the D.C. Circuit vacated and remanded the Trump administration’s 2019 Affordable Clean Energy (ACE) rule. The ACE rule was intended as a replacement for the Obama-era Clean Power Plan (CPP). ACE was viewed as a...more

Foley & Lardner LLP

A New Agenda: Significant Changes in U.S. Environmental Policy Are Expected in 2021

Foley & Lardner LLP on

Joseph R. Biden Jr.’s inauguration on January 20, 2021 as the forty-sixth President of the United States could usher in a sweeping period of environmental regulatory changes vastly eclipsing those of his immediate predecessor...more

Bracewell LLP

Changes to Expect in Environmental Litigation Under Biden

Bracewell LLP on

One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

Brownstein Hyatt Farber Schreck

Policy Movers: Biden Unveils Climate Team

On Saturday, Dec. 19, 2020, President-elect Joe Biden unveiled his climate team, signaling the administration would make energy and environmental policy a top priority. The event formally announced rumored nominees Rep. Deb...more

Manatt, Phelps & Phillips, LLP

Curious About the Biden/Harris Environmental Regulatory Agenda? Look No Further Than California

With the 2020 election now called, though yet to be conceded, questions abound as to what the environmental regulatory landscape may look like under a Biden/Harris administration. For California, we don’t expect much of a...more

Bracewell LLP

2020 Post-Election Analysis: Issue by Issue

Bracewell LLP on

FIRST 100 DAYS - As President-elect Biden stands poised to assume the office he has aspired to for the past three decades, he inherits a national crisis not unlike the one he stepped into as vice president nearly 12 years...more

Hogan Lovells

Environmental Law outlook under a Biden Administration

Hogan Lovells on

The Biden administration, now set to take office in January 2021, will face unprecedented challenges. These challenges, including the coronavirus pandemic, President Trump’s legal challenges to the election results, the call...more

WilmerHale

What a Biden Administration Will Mean for US Climate Change Policy

WilmerHale on

Over the weekend, major news outlets announced that former Vice President Joe Biden will be the next president of the United States. Biden and his running mate, Vice Predident-elect Kamala Harris, pledged throughout the...more

WilmerHale

Environmental Enforcement Under a Biden Administration

WilmerHale on

Now that the results of a tumultuous presidential election appear clear, attention shifts to what to expect during President-elect Joe Biden’s first term. It is fair to say that a Biden White House will sharply contrast with...more

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