News & Analysis as of

Cap-and-Trade Greenhouse Gas Emissions 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)

Latham & Watkins LLP on

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

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

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

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

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

Sheppard Mullin Richter & Hampton LLP

GHG Allowance Auctions are Not a Tax; Key Element of State’s Cap-and-Trade Program Upheld

California Chamber of Commerce, et al. v. California Air Resources Board, et al., Case No. C075930 (Cal. Ct. App. 3d. Dist., 2017). On April 6, the California Court of Appeal for the Third District issued its...more

Brownstein Hyatt Farber Schreck

California Legislature Raises the Bar, Sends Nation’s Most Ambitious Greenhouse Gas Target to Governor

The nation’s most ambitious greenhouse gas (“GHG”) control law may soon get 40 percent tougher. On Aug. 26, 2016, the California Legislature sent Senate Bill 32 (“SB 32”) to Gov. Brown’s desk for signature. A few days...more

Allen Matkins

California Environmental Law & Policy Update - September 2016

Allen Matkins on

Environmental and Policy Focus - Governor Brown and lawmakers reach deal for California climate funds - San Diego Union-Tribune - Aug 31 - California lawmakers on Wednesday approved a $900 million spending...more

Allen Matkins

California Environmental Law & Policy Update - July 2016 #2

Allen Matkins on

Environmental and Policy Focus - Air Resources Board releases plan to extend cap-and-trade system to 2050 - Scientific American - Jul 13 - The California Air Resources Board (“ARB”) this Tuesday released a...more

Allen Matkins

California Environmental Law & Policy Update - May 2016 #4

Allen Matkins on

Environmental and Policy Focus - Proceeds from cap-and-trade auction fall far short of targets - Los Angeles Times - May 25 - The latest auction in California’s cap-and-trade market for greenhouse gases fell...more

Davis Wright Tremaine LLP

California Air Resources Board-Commissioned Report Recommends Ways to Avoid Price Volatility in California’s Cap and Trade Market

Concerned about the potential for price volatility in its cap and trade program, the California Air Resources Board (CARB) commissioned the Market Simulation Group (MSG) at the University of California Energy Institute to...more

Allen Matkins

California Environmental Law and Policy Update - July 2014 #2

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Environmental and Policy Focus: House holds hearing on proposed ‘Waters of the United States’ rule - Association of California Water Agencies - Jul 9: The House Science, Space, and Technology Committee held a hearing...more

Mintz - Energy & Sustainability Viewpoints

The Regional Greenhouse Gas Initiative: Will It Survive Federal Regulation of Greenhouse Gases?

At the same time that leaders from the nine states comprising the Regional Greenhouse Gas Initiative (RGGI) are touting the anticipated benefits of their decision to significantly reduce RGGI’s cap on carbon dioxide emissions...more

Allen Matkins

California Environmental Law and Policy Update - January 2014

Allen Matkins on

Gov. Brown wants to use cap-and-trade fees to fund high speed rail project - Insurance For Less - Jan 8: Gov. Jerry Brown announced plans to provide new funding for California’s high speed rail project from corporate...more

Davis Wright Tremaine LLP

EPA Reissues Greenhouse Gas Emission Standards for New Power Plants

The U.S. Environmental Protection Agency (EPA) has re-proposed greenhouse gas (GHG) emission standards for new fossil-fuel power plants, exercising existing authority under section 111(b) of the Clean Air Act. Proposed rule...more

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