In a potentially significant development that may impact the economics of aviation, the California Air Resources Board (“CARB”) is proposing a policy, as we previewed in January 2024, to update the state’s Low Carbon Fuel...more
Eight states are currently considering legislation that would require reductions in the carbon intensity of transportation fuel sold in the state, which would substantially increase the demand for renewable fuel and...more
The California Air Resources Board (“CARB”) reviews the state’s Low Carbon Fuel Standard (“LCFS”) program every five years as part of the broader scoping plan required under the California Global Warming Solutions Act. On...more
On December 19, 2023, the California Air Resources Board (“CARB”), which administers the California Low Carbon Fuel Standard (“LCFS”), released a rulemaking package (“Draft Rule”) describing proposed LCFS changes, including...more
The Michigan Senate recently introduced legislation in an attempt to join several North American jurisdictions that have established clean fuel standards. The Michigan Clean Fuel Standard aims to reduce the average carbon...more
Like any acquisition, the purchase of a biofuels company should involve substantial due diligence so the buyer can best determine the value of the target’s assets and liabilities, assess the risks associated with its business...more
In the closing weeks of 2022, the California Air Resources Board (“CARB” or “Board”) approved its final 2022 Scoping Plan, which sets forth a detailed roadmap to accelerate the reduction of greenhouse gas (“GHG”) emissions in...more
The plan accelerates already ambitious climate goals for California and charts a course to carbon neutrality by 2045. On December 15, 2022, the California Air Resources Board (CARB) adopted its Final 2022 Scoping Plan...more
After extensive collaboration with other state agencies and nearly a year’s worth of public workshops on scoping plan topics and modeling, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update...more
Greenhouse gas (GHG) emissions from transportation are a major focus of the recently issued Massachusetts 2050 Decarbonization Roadmap (the Roadmap) and the Massachusetts Clean Energy and Climate Plan (CECP) for 2030. For...more
Potential wide-ranging impacts on Engines, Energy, Infrastructure and Shipping - California Governor Gavin Newsom’s Executive Order N-79-20 seeks to address climate change concerns and significantly reduce greenhouse gas...more
The Impact of COVID-19 on Nuclear Electricity Sales Contracts in France - The electricity sector, like numerous others in France, has been heavily affected by the economic shutdown due to the COVID-19 pandemic. The...more
California caps LCFS credit prices. Pressing forward with its efforts to address climate change, the California Air Resources Board (“CARB”) finalized amendments to its innovative LCFS. To add stability to the credit...more
Last year saw significant efforts to either impose a price on carbon or reform existing programs, and in some cases roll those programs back. The Paris Agreement advanced a critical step, but without settling on rules for...more
In September 2018, the California Air Resources Board (CARB) approved several significant changes to California’s Low Carbon Fuel Standard (LCFS) that will take affect on January 1, 2019. ...more
On September 27, 2018, the California Air Resources Board (CARB) passed Resolution 18-34, extending the Low Carbon Fuel Standard (LCFS) Program to 2030 and making significant changes to the design and implementation of the...more
On September 27, 2018, the California Air Resources Board (CARB) announced its approval of amendments to the Low Carbon Fuel Standard (LCFS). The LCFS has been in place since 2011, in an effort to reduce greenhouse gas (GHG)...more
The Low Carbon Fuel Standard (“LCFS”) Regulation has been embroiled in controversy since its inception. Despite the California Air Resources Board’s (“CARB’s”) continuing difficulty following California Environmental Quality...more
The first quarter of 2018 has been a busy one for efforts to put a price on greenhouse gas (GHG) emissions, both in the United States and abroad. In February, the European Union (EU) approved reforms to the EU Emissions...more
In a previous post, we described how potential delays in the resolution of the case commonly known as POET I could create uncertainty regarding the future of the California Low Carbon Fuel Standard (LCFS). On August 23, 2017,...more
Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS). Earlier this year, the...more
As discussed in a previous post, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) ruled on April 10, 2017 that the California Air Resources Board (ARB) had failed to properly follow a writ of...more
In recent weeks, California appellate courts issued two decisions regarding California Air Resources Board (CARB) programs implemented under AB32, the Global Warming Solutions Act, with mixed results. The first decision...more
In a detailed 66-page published opinion filed April 10, 2017, the Fifth District Court of Appeal reversed the trial court’s order discharging a writ of mandate that was issued to compel the California Air Resources Board...more
Climate change regulation in California is in the midst of transformation. Last year, the Legislature voted to enact SB 32, extending California’s greenhouse gas (GHG) reduction targets, which were set to expire in 2020,...more