News & Analysis as of

Cap-and-Trade Environmental Policies

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - July 2024 #3

This week, we discuss the first settlement between a state and a group of young plaintiffs who claimed that their government’s inadequate climate policies violated their constitutional right to a healthy environment. We...more

Jones Day

Pennsylvania Court Strikes Down Participation in the Regional Greenhouse Gas Initiative

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On November 1, 2023, the Pennsylvania Commonwealth Court held that the rulemaking entering Pennsylvania into the Regional Greenhouse Gas Initiative ("RGGI") violated the state constitution. The decision upends regulatory...more

J.S. Held

Canada’s Oil and Gas Emissions Cap: Options for the ECCC Proposal

J.S. Held on

Options to cap and cut emissions from the Canadian oil and gas sector were proposed by Environment and Climate Change Canada (ECCC) in July 2022. Reducing oil and gas sector emissions is necessary for Canada to achieve its...more

(ACOEL) | American College of Environmental...

Much Ado About Not Much: West Virginia v. EPA

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

Latham & Watkins LLP

California Air Resources Board Releases Draft Scoping Plan Update (Part 2)

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CARB opts to stay the course on Cap-and-Trade Program. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update for public review and comment. Assembly Bill (AB) 32, the...more

Latham & Watkins LLP

UK Navigates Post-Brexit Challenges in the Environmental Regulatory Landscape

Latham & Watkins LLP on

The triggering of the CCM under the UK ETS and ongoing consultations under UK Reach signal speedbumps in the transition process. On 30 November 2021, the UK government’s Department of Business, Energy and Industrial...more

Mintz - Energy & Sustainability Viewpoints

Pricing Overseas Carbon: The Rise of Border Adjustment Mechanisms on Both Sides of the Pond

In the past several months, lawmakers in both the United States and the European Union have introduced legislation to enact carbon border adjustment mechanisms (CBAMs) in their respective jurisdictions. Also known as a...more

Jones Day

The Climate Report | Third Quarter 2021

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Climate Change Regulatory Issues & Updates - European Climate Law Sets a Binding Objective of Climate Neutrality by 2050 - The recently adopted European Climate Law calls for the necessity to address "the growing...more

(ACOEL) | American College of Environmental...

Critically Examining Environmental Justice Critiques of GHG Auction-Cap-and-Trade

The Biden Administration has pledged to put the nation on track to achieve carbon neutrality by 2050 and simultaneously to promote environmental justice. Both goals are achievable and, indeed, are complementary. Their...more

Latham & Watkins LLP

TCI Program Established to Reduce Carbon Emissions From Transportation

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The program will include a multi-jurisdictional cap-and-invest program and aims to address environmental justice and equity concerns. On December 21, 2020, the Governors of Massachusetts, Rhode Island, and Connecticut,...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn

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

Troutman Pepper

FERC Holds a Technical Conference on Carbon Pricing in Organized Markets

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On September 30, 2020, FERC held a technical conference focusing on how state-adopted carbon pricing intersects with a Regional Transmission Organization/Independent System Operator (“RTO/ISO”) administered market, and...more

Perkins Coie

Washington Supreme Court Invalidates Indirect Emitter Portions of the Clean Air Rule

Perkins Coie on

In a split decision issued on January 16, the Washington State Supreme Court ruled that the Department of Ecology (Ecology) lacks authority under the state’s Clean Air Act (the act) to cap greenhouse gas emissions from...more

(ACOEL) | American College of Environmental...

Someone Left the Cake Out in the Rain: The Dissolution of Cooperative Federalism in the Trump Era

The Trump Administration’s recent lawsuit against California’s climate change policies has cast a spotlight on a stark and troubling reality.  U.S. v. California is just the latest salvo in a sustained, direct assault by EPA...more

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

State Cap and Trade: U.S. Department of Justice Civil Complaint Against California Challenging Quebec Agreement

The United States Department of Justice (“DOJ”) filed a Complaint in the United States District Court for the Eastern District of California against the State of California, certain of its Officers, the California Air...more

Allen Matkins

California Environmental Law & Policy Update - October 2019 #4

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Focus - Federal fishery agencies weaken endangered species protections for California salmon and delta smelt - Los Angeles Times – October 22 - In a move that would boost water deliveries to San Joaquin Valley...more

Jones Day

The Climate Report Winter 2019

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Climate Change Regulatory Issues & Updates - California Air Resources Board Amends Cap-and-Trade Regulations - On December 13, 2018, the California Air Resources Board ("CARB") adopted amendments to California's...more

Allen Matkins

California Environmental Law & Policy Update - December 2017 #3

Allen Matkins on

Focus - Trump to open the door for oil drilling off U.S.’s East Coast - Bloomberg - Dec 11 The Trump administration is preparing to unveil an expansive offshore oil plan that would open the door to selling new drilling...more

Mintz - Energy & Sustainability Viewpoints

Massachusetts Joins Other States in Regional Greenhouse Gas Initiative Announcing Plan to Reduce Emissions by Additional 30...

On August 23, Massachusetts joined the eight other states in the Regional Greenhouse Gas Initiative (RGGI) in announcing a plan to reduce carbon dioxide emissions by an additional 30 percent by 2030 relative to 2020 levels....more

Allen Matkins

California Environmental Law and Policy Update - August 2017 #4

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Environmental and Policy Focus - Interior Department identifies 'a handful' of national monuments to shrink in its report to Trump - San Diego Union-Tribune - Aug 24 - The White House is getting ready to move on...more

Latham & Watkins LLP

China’s Pilot Programmes Welcome Announced Launch of Emissions Trading System

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Chinese policymakers have indicated that the country’s Emissions Trading System (ETS) — which will be the largest system of its kind globally and the centerpiece of Chinese climate change policy — is likely to launch in...more

Allen Matkins

California Environmental Law and Policy Update - July 2017 #3

Allen Matkins on

Environmental and Policy Focus - California Legislature extends state's cap-and-trade program in rare bipartisan effort to address climate change - Los Angeles Times - Jul 17 - California lawmakers voted Monday...more

Allen Matkins

California Environmental Law and Policy Update - July 2017 #2

Allen Matkins on

Environmental and Policy Focus - California Legislature’s vote on cap-and-trade program extension delayed - Los Angeles Times - Jul 13 - Governor Jerry Brown and legislative leaders introduced a proposal Monday...more

Allen Matkins

California Environmental Law & Policy Update - June 2017 #2

Allen Matkins on

Environmental and Policy Focus - EPA moves to repeal its own Obama-era “Waters of the United States” rule - The Hill - Jun 27 - The Environmental Protection Agency (EPA) formally proposed Tuesday to repeal the...more

Allen Matkins

California Environmental Law & Policy Update - May 2017 #3

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Environmental and Policy Focus - California cracks down on last beachfront sand mining operation in U.S. - San Jose Mercury News - May 16 - On Tuesday, the California State Lands Commission issued a demand to the...more

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