News & Analysis as of

Clean Air Act Greenhouse Gas Emissions

Proskauer Rose LLP

California Climate Disclosure Laws – New Developments, Old Timelines

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California Climate Disclosure Laws – New Developments, Old Timelines - The California legislature recently rejected Governor Gavin Newsom’s proposal to delay the deadlines to comply with California’s climate disclosure...more

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

Project Emissions Accounting/Clean Air Act: National Waste & Recycling Association Comments on U.S. Environmental Protection...

The National Waste & Recycling Association (“NWRA”) submitted July 2nd comments to the United State Environmental Protection Agency (“EPA”) addressing the proposed rule styled: Prevention of Significant Deterioration (PSD) in...more

Holland & Knight LLP

IRS Releases Long-Awaited Section 45Q LCA Procedures

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The IRS on July 24, 2024, released Notice 2024-60, which provides Section 45Q guidance for utilization of carbon dioxide and other carbon oxides. The Notice addresses the information that must be included in the required life...more

Goldberg Segalla

EPA not Afraid of Changin’, Wants Landfills to Bring it (Methane Emission) Down

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The Environmental Protection Agency intends to issue a rule updating its Clean Air Act emission standards for new and existing municipal solid waste (MSW) landfills to cut methane and other harmful landfill gas emissions....more

Mayer Brown

Illinois Paves Way for Carbon Capture and Sequestration with SAFE CCS Act

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Illinois has established a comprehensive regulatory framework for the development of carbon capture and sequestration (CCS) projects. The state's legislature has passed Senate Bill 1289, also known as the SAFE CCS Act, which...more

Dechert LLP

Dechert Re:Torts - Issue 18

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Bipartisan Momentum Builds to Shine Light on Litigation Funders - In October 2023, we discussed the efforts by Senators Joe Manchin (D-WV) and John Kennedy (R-LA) to address the concerns presented by opaque third-party...more

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

Project Emissions Counting/Clean Air Act: Steel Manufacturers Association Comments on U.S. Environmental Protection Agency...

The Steel Manufacturers Association (“SMA”) submitted July 2nd comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed rule styled: Prevention of Signification Deterioration (PSD) and...more

Venable LLP

Environmental Law in a Post-Chevron World

Venable LLP on

Last week, Venable’s Government Division offered its general thoughts on the fallout from the Supreme Court’s reversal of the long-standing Chevron deference principle. Here, the Environmental Practice Group offers some of...more

Goldberg Segalla

Won’t You Be My [Non-Emitting] Neighbor? SCOTUS Stays EPA’s Federal Emissions Plan for States

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Last week, in a 5-4 opinion, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court granted applications for a stay of the implementation of the “Good Neighbor” Plan, the EPA’s federal emissions reduction rule,...more

Goldberg Segalla

Emissions, Interstate Commerce, and Locomotives: California Seeks to Limit Older Trains from Doing the Loco-Motion

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The California Air Resources Board has requested that the U.S. Environmental Protection Agency grant California an authorization pursuant to § 209(e)(2) of the Clean Air Act to, among other things, prohibit locomotives that...more

Alston & Bird

California’s Advanced Clean Fleets Regulation Under Attack

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California’s ambitious zero-emission, heavy-duty truck regulations face new legal challenges. Our Environment, Land Use & Natural Resources Group outlines the status of California’s Advanced Clean Fleet (ACF) Regulation,...more

Jones Day

The Climate Report | Second Quarter 2024

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REGULATORY ISSUES & UPDATES - Recent Evolution of the European Regulatory Framework on Greenwashing - Two new Directives adopted by the EU in 2024—the "Empowering Consumers Directive" and the "Green Claims...more

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

U.S. Environmental Protection Agency Model Year 2027/Vehicle Multi-Pollutant Emission Standards: American Petroleum...

The American Petroleum Institute, American Farm Bureau Federation, National Corn Growers Association, and a number of automobile dealerships filed a Petition for Review on June 13th challenging the United States Environmental...more

Jones Day

D.C. Circuit Court of Appeals Rejects Challenge to California's Limits on Automotive Greenhouse Gas Emissions

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In Ohio et al. v. U.S. EPA, on April 9, 2024, the United States Court of Appeals for the D.C. Circuit upheld a decision by the U.S. Environmental Protection Agency ("EPA") to allow California's 2013 greenhouse gas emissions...more

Kramer Levin Naftalis & Frankel LLP

White House Releases Voluntary Carbon Markets Guidelines

In an attempt to boost the credibility of the voluntary carbon markets (VCM) and to prepare for the 29th Conference of the Parties (COP 29) in Azerbaijan in November, the White House released on May 28 a policy statement and...more

WilmerHale

EPA and DOI Regulatory Roundup: Air Toxics and Carbon, Coal Ash, Wastewater, Methane, and Offshore Wind

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The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more

Foley & Lardner LLP

EPA Finalizes New Greenhouse Gas Reporting Obligations for Petroleum and Natural Gas Systems: More Companies Impacted; More Fees...

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On May 14, 2024, the U.S. Environmental Protection Agency (EPA) published the final Greenhouse Gas Reporting Rule requirements for petroleum and natural gas systems under 40 C.F.R. Part 98, Subpart W in the Federal Register....more

Troutman Pepper

States Sue the EPA Over New Emissions Rule

Troutman Pepper on

A coalition of Republican attorneys general representing 25 states has sued the Environmental Protection Agency (EPA) to block a new rule issued by the Biden-Harris administration as part of a suite of standards promulgated...more

Jenner & Block

Federal Preemption as a Vehicle to Supreme Court Review of Climate Change Cases

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On February 20, 2024, the City of Chicago sued defendant fossil fuel companies in Illinois state court, asserting state law claims, including nuisance, violations of consumer protection laws, and products liability. Chicago...more

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

NSPS for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units/Clean Air Act:...

Arkansas Attorney General Tim Griffin and 24 other state Attorney Generals filed on May 9th a Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia challenging the recent rule...more

Jones Day

EPA Finalizes Rules to Regulate Pollution from Fossil Fuel-Fired Power Plants

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On April 25, 2024, the Environmental Protection Agency ("EPA") finalized four rules to regulate pollution from fossil fuel-fired power plants. EPA's stated goal was to provide a framework on which power plants can rely for...more

Latham & Watkins LLP

EPA Extends CCR Regulations to Previously Exempt CCR Units

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This post is the second in a series on four key power plant rules that the Environmental Protection Agency recently released. It discusses the rule on requirements governing disposal of coal combustion residuals at inactive...more

Latham & Watkins LLP

5 Things to Know About EPA’s Final Power Plant GHG Emissions Rule

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EPA’s action finalizes aggressive emission reduction targets for certain subcategories of fossil fuel-fired power plants, based on implementation of carbon capture and sequestration. On April 25, 2024, the US...more

Morgan Lewis

EPA Finalizes Rules for Fossil Fuel–Fired Power Plants, Including GHG Standards

Morgan Lewis on

The US Environmental Protection Agency (EPA) released on April 25, 2024 the prepublication versions of four final rules applicable to fossil fuel–fired power plants. The rules establish carbon dioxide standards for existing...more

ArentFox Schiff

EPA Tightens Grip on Fossil Fuel Power Plants: New Regulations Target Discharges, Emissions, and Disposal Issues

ArentFox Schiff on

The US Environmental Protection Agency (EPA) finalized a suite of final rules aimed at reducing contamination, emissions, and discharges from coal- and gas-fired power plants on April 25. This suite of rules includes two...more

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