News & Analysis as of

Carbon Emissions

Portland Residential Home Energy Score Requirement Takes Effect January 1

by Tonkon Torp LLP on

Starting January 1, 2018, single-family home sellers in Portland will be required to report a Home Energy Score (HES) to potential buyers. The HES is a federally-developed measurement of the energy-related use and associated...more

5 points to remember before relying on the EPA’s new NSR guidance on projected future emissions

by Thompson Coburn LLP on

On December 7, 2017, EPA Administrator Scott Pruitt issued a memorandum entitled, “New Source Review Preconstruction Permitting Requirements: Enforceability and Use of the Actual-to-Projected-Actual Applicability Test in...more

New Source Review/Clean Air Act: December 7th U.S. Environmental Protection Agency Memorandum Addressing...

The United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a December 7th guidance memorandum titled: New Source Review Preconstruction Permitting Requirements: Enforceability and Use of...more

Alberta Unveils Changes to Its Credit and Offset Regime: What’s in Store for Large Industrial Emitters

On December 6, 2017, the Government of Alberta released guidance documents regarding the new Carbon Competitiveness Incentives (CCI) Regulation, which will come into force on January 1, 2018 and replace the existing Specified...more

Air Enforcement: Arkansas Department of Environmental Quality and Pulaski County, Arkansas Plastic Piping Systems Manufacturer...

The Arkansas Department of Environmental Quality (“ADEQ”) and Tubo-FGS, L.L.C., d/b/a Fiber Glass Systems (“Tubo”) entered into a November 15th Consent Administrative Order (“CAO”) addressing alleged violations of an air...more

Bonn Climate Talks Discuss Litigation Trend Linking Climate Change and Human Rights

by King & Spalding on

Climate change has been in the news recently in the wake of the Bonn Climate Talks, which took place between November 6 and 17, 2017. One key take away from the Talks: energy companies must seriously consider potential...more

Climate Change and Coastal Adaptation in the Tri-State Area

by Farrell Fritz, P.C. on

Thirteen federal agencies released a report in November 2017 in which they conclude that humans are the primary cause of climate change. The report, entitled Climate Science Special Report, is of particular concern to Long...more

Sustainable Development Update - December 2017

by Allen Matkins on

Sustainable Development Focus - Zero-net energy buildings market to reach $78.8 billion by 2025 - Proud Green Building - Nov 30 Come 2025, the global net-zero energy buildings market will have climbed to approximately...more

Sustainable Development Update - November 2017 #3

by Allen Matkins on

Sustainable Development Focus - Greenprint report shows real estate industry continues to reduce energy consumption, carbon emissions, and water use - Urban Land - Nov 20 A new report from the ULI Greenprint Center for...more

European Union Proposes Stricter Emissions Targets and Incentives For Electric Vehicles

by Foley & Lardner LLP on

On November 8, the European Commission proposed a new set of emissions standards for vehicles, starting in 2030. The standards include a further 30% CO2 emissions reduction for new cars and vans, on top of the standards in...more

The Climate Report - Fall 2017

by Jones Day on

US. REGULATORY AND LITIGATION DEVELOPMENTS - EPA PROPOSES TO RESCIND CLEAN POWER PLAN - What EPA Did - In a decision expected and promised since the election of President Donald Trump, the United States...more

Promoting American Leadership in Reducing Air Emissions Through Innovation: November 15th U.S. Senate Environment and Public Works...

The United States Senate Committee on Environment and Public Works (“Committee”) held a full Committee hearing on November 15th titled: Promoting American Leadership in Reducing Air Emissions Through Innovation...more

Federal Air Legislation: November 14th U.S. Senate Committee on Environment and Public Works Subcommittee Hearing on Targeted Air...

The Subcommittee on Clean Air and Nuclear Safety (“Subcommittee”) of the United States Senate Committee on Environment and Public Works is holding a hearing today on legislation related to air issues. ...more

Air Enforcement: Tennessee Air Pollution Control Board Order/Assessment of Penalty to Cleveland, Tennessee Woodworking Operation

The Tennessee Air Pollution Control Board (“Board”) issued a November 6th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jackson Furniture Industries, Inc. (“JFII”). JFII is described as a...more

Coming Soon to a Northeast or Mid-Atlantic State Near You: Regulations on Carbon Emissions From Transportation

On November 13, 2017, eight states in the Transportation Climate Initiative issued a joint statement pledging to pursue regional solutions to GHG emissions from transportation. The statement does not identify any specific...more

Electric Power Supply/Service Agreements: Federal Court Addresses Procedural Motion in Regards to Electric Cooperatives Challenge...

Washington-St. Tammany Electric Cooperative, Inc. and other non-profit electric cooperative corporations (collectively “Co-ops”) filed a breach of contract action (“Complaint”) on June 28th against Louisiana Generating,...more

NESHAP/Clean Air Act: U.S. Environmental Protection Agency Final Rule Addressing Publicly Owned Treatment Works/Residual Risk and...

The United States Environmental Protection Agency (“EPA”) issued a final rule addressing the Clean Air Act National Emission Standards for Hazardous Air Pollutants (“NESHAP”) for Publicly Owned Treatment Works...more

CEMS Alternatives – A Different Way: Tim Bivens Arkansas Electric Cooperative Corporation/Arkansas Environmental Federation...

Tim Bivens of the Arkansas Electric Cooperative Corporation (“AECC”) undertook a presentation at the Arkansas Environmental Federation’s 50th Annual Convention and Tradeshow titled: CEMS Alternatives – A Different Way...more

EPA Initiates Formal Regulatory Process to Roll Back Clean Power Plan

by K&L Gates LLP on

On Monday, October 16, 2017, the Environmental Protection Agency (“EPA”) published a Notice of Proposed Rulemaking in the Federal Register, marking the start of the formal process to repeal the Clean Power Plan (“CPP”)....more

National Clean Energy Summit Sets the Stage for the Future of Sustainability

On October 13, former Nevada Senator Harry Reid and current Governor of Nevada Brian Sandoval hosted the ninth annual National Clean Energy Summit in Las Vegas, NV. Each year, the 3-day summit brings together leaders of...more

DOE Announces $26 Million In Funding For Carbon Capture

by Bergeson & Campbell, P.C. on

On October 17, 2017, the U.S. Department of Energy’s (DOE) Office of Fossil Energy issued a $26 million funding opportunity announcement (FOA) for cost-shared research and development projects that support the DOE Carbon...more

Buy Clean California Act: Carbon Emission Limits for State Procurement

California has taken a significant step in aligning its procurement expenditures with its vanguard climate change policy. On October 15, 2017, Governor Jerry Brown signed A.B. 262, the Buy Clean California Act (Chapter 816,...more

Volkswagen Settlement Offers Funding For Clean Transportation Upgrades

by McCarter & English, LLP on

Local governments and businesses considering investments in clean transportation projects may find funding opportunities resulting from partial settlements in the Volkswagen “clean diesel” emissions litigation. The U.S....more

California Environmental Law & Policy Update - October 2017 #2

by Allen Matkins on

Environmental and Policy Focus - Metropolitan Water District of Southern California approves Delta tunnels project - Sacramento Bee - Oct 10 - Metropolitan Water District of Southern California (MWD) on Tuesday committed...more

Air Enforcement: Arkansas Department of Environmental Quality and Arkadelphia, Arkansas Asphalt Roofing Manufacturing Facility...

The Arkansas Department of Environmental Quality (“ADEQ”) and Siplast, Inc. (“SI”) entered into a September 29th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 17-077. SI...more

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