News & Analysis as of

Climate Change Obama Administration

Foley Hoag LLP - Environmental Law

The Social Cost of Greenhouse Gases Is Increasing — But Is Uncertainty Over the Measurement of Climate Impacts Artificially...

On July 16, 2023, Climatewire (subscription required) released a peer review letter on EPA’s Social Cost of Greenhouse Gases (SC-GHG), which got a fair bit of press last year, because EPA’s metric was $190/ton, even though...more

Holland & Knight LLP

States' Challenge to Use of "Social Cost of Greenhouse Gases" in Federal Policymaking Dismissed

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The U.S. Court of Appeals for the Fifth Circuit on April 5, 2023, dismissed the state of Louisiana's challenge to federal agencies use of the "social cost of greenhouse gases" in federal decision making.1 Several...more

Akin Gump Strauss Hauer & Feld LLP

Summary of the Department of the Interior’s New Methane Rule

Overview - On November 28, the Department of the Interior’s (DOI) Bureau of Land Management (BLM) released its proposed methane rule. This action furthers the Biden-Harris administration’s whole-of-government response to...more

Parker Poe Adams & Bernstein LLP

Next Steps for Federal Energy Policy After Supreme Court's EPA Ruling

​​​​​​​On the last day of its 2022 term, the Supreme Court curtailed the Environmental Protection Agency’s ability to cut carbon emissions from the nation’s power plants. The court held that the “generation shifting”...more

WilmerHale

Despite Carbon Cost Win, Biden Climate Plans Still At Risk

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On May 26, the U.S. Supreme Court ruled to allow the Biden administration to continue using the social cost of carbon estimates in its regulatory analyses, developed pursuant to an executive order from President Joe Biden. ...more

Williams Mullen

Environmental Notes - October 2021

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Like everything else today, the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) ebbs and flows depending on which political party holds office. However, while the Biden Administration gets...more

WilmerHale

The Biden Administration’s Approach to the Social Cost of Carbon

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As part of his comprehensive climate change agenda, President Biden convened a task force to assess the social cost of greenhouse gases. At the end of February, the task force published an interim report estimating the “cost”...more

Williams Mullen

Environmental Notes - March 2021

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Arguably, the Social Cost of Carbon (SCC) is one of our society’s most important numbers. The SCC is used in all climate decisions and will now be considered in all significant governmental decisions and federal actions. How...more

Holland & Knight LLP

Biden Administration Executive Clean Energy Actions: Fleet Procurement

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President Joe Biden signed three Executive Orders (EOs) on Jan. 27, 2021, to launch a "whole of government" approach to align federal policy with climate change, building upon three prior EOs that President Biden signed on...more

Holland & Knight LLP

Reclaiming a Federal Lead on Social Cost of Carbon

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The social cost of carbon (SCC) has a checkered regulatory history spanning nearly 40 years, but it now has been thrust back onto the federal stage, front and center. Among President Joe Biden's first acts in office was a...more

WilmerHale

Biden Administration Begins Comprehensive Review of Trump-Era Environmental Rules

WilmerHale on

On his first day in office, President Joe Biden issued an Executive Order titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” The Executive Order directs the Environment...more

Vinson & Elkins LLP

The Methane Boomerang

Vinson & Elkins LLP on

Methane gas has been the subject of yo-yoing regulation—and regulatory roll-backs—over the past few years. Presidential candidate Joe Biden has already vowed to take immediate action on climate change, including “requiring...more

Williams Mullen

Environmental Notes - February 2020

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It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more

Flaster Greenberg PC

Negotiations At The UN Climate Change Conference In Madrid End In Failure. Is There A Way To Turn That Failure Into Success?

Flaster Greenberg PC on

Climate negotiations at the United Nations Climate Change Conference in Madrid ended in failure last Sunday. Despite enormous publicity and the presence of celebrities like Time Magazine Person of the Year Greta Thunberg, the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - December 2019

Russian, Colombian Competition Continuing to Slow U.S. Thermal Coal Exports - "'Central Appalachian and Northern Appalachian exports remain out of the money for shipment to Europe and Illinois Basin coal has significant...more

(ACOEL) | American College of Environmental...

Calling Off the NEPA Hounds – The CEQ’s 2019 Draft Guidance on GHG Emissions

On June 26, 2019, the Council on Environmental Quality (CEQ) published a Draft National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions (84 Fed. Reg. 30097). This new guidance would replace the...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - July 2019 #3

Judge Rules Against Oil Companies to Keep Climate Liability Case in Rhode Island - "The ruling will allow Rhode Island prosecutors to continue to bring charges against 21 oil and gas producers including Chevron, Shell and...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2018 #2

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

Eversheds Sutherland (US) LLP

2018 Outlook on the Clean Power Plan

Heading into 2018, undoing the Clean Power Plan, the Obama Administration’s signature regulation for addressing climate change, remains a high priority under the Trump Administration. While 2017 was rife with statements, some...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - January 2018 - Issue 2

Ohio Supreme Court Joins Texas and Oklahoma in Holding the State Does Not Recognize a Separate Implied Covenant to Explore Further - "We conclude that Ohio does not recognize an 'implied covenant to explore further'...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - December 2017 #3

Trump Delivers a Mixed Message on His National Security Approach - "In another shift from his predecessor, Mr. Trump's strategy does not recognize the changing climate as a threat to national security. The document instead...more

Pillsbury Winthrop Shaw Pittman LLP

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Holland & Knight LLP

Has President Trump Done More to Further the Paris Climate Agreement than President Obama?

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A little over a week ago, the Trump administration finally documented President Trump’s previously stated intention to withdraw United States support from the Paris climate change agreement in an official notice delivered to...more

Sullivan & Worcester

The New Administration’s Efforts to Deconstruct the Obama Climate Initiatives

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President Trump is spearheading a government-wide roll back of Obama Era climate initiatives. The president and his EPA Administrator, Scott Pruitt, have delivered a one-two punch. They both have denied the impact of human...more

Allen Matkins

Sustainable Development Update - June 2017 #3

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Sustainable Development Focus - California and New York just sued to protect Obama’s final energy rules - Washington Post - Jun 14 - Eleven states, led by California and New York, have sued the Trump...more

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