News & Analysis as of

Executive Orders Carbon Emissions

Pillsbury Winthrop Shaw Pittman LLP

Fifth Circuit Permits the Use of the Social Cost of Carbon, For Now

The court’s decision allows the Biden administration to further develop the Social Cost of Carbon (SCC) but leaves open the possibility of future judicial scrutiny of its implementation. The Fifth Circuit’s ruling allows...more

Spilman Thomas & Battle, PLLC

North Carolina, Building Codes and Climate Change – Upcoming Public Hearing and Public Comment Deadlines

In 2018, second-term Governor Roy Cooper issued climate-related Executive Orders, which was followed in 2019 by the state’s clean energy plan. North Carolina made a big stride toward making a positive impact on climate change...more

Sheppard Mullin Richter & Hampton LLP

GSA Issues Request for Information on Carbon Pollution-Free Electricity

The U.S. General Services Administration (“GSA”) recently released a Request for Information (“RFI”) seeking input from industry to help the federal government develop strategies for the procurement of carbon pollution-free...more

StoneTurn

Full Disclosure: Is Crypto the Canary in the Coal Mine?

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The cryptocurrency industry is receiving a significant amount of executive and legislative attention. Biden’s Executive Order on Digital Assets in April 2022, several Congressional inquiries, proposed federal legislation, and...more

Wiley Rein LLP

FAR Council Proposes to Create a New Standard of Contractor Responsibility: Requiring Contractors to Disclose Greenhouse Gas...

Wiley Rein LLP on

WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued a proposed rule requiring certain contractors to make representations regarding greenhouse gas (GHG) emissions and climate-related financial risk,...more

Morrison & Foerster LLP - Government...

White House Announces Federal Supplier Climate Risks And Resilience Rule

The Biden Administration unveiled details regarding a forthcoming proposed Federal Acquisition Regulation (FAR) rule on Greenhouse Gas (GHG) emission disclosures for major federal suppliers on November 10, 2022....more

PilieroMazza PLLC

Biden Proposes Emissions Reduction and Reporting Standards for Federal Contractors

PilieroMazza PLLC on

The Biden-Harris Administration recently published a proposed rule on Federal Supplier Climate Risks and Resilience (Proposed Rule). The Proposed Rule intends to further the goals set forth in Biden’s Executive Order on...more

WilmerHale

Despite Carbon Cost Win, Biden Climate Plans Still At Risk

WilmerHale on

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

WilmerHale

Supreme Court Allows Biden Administration’s Use of Social Cost of Carbon

WilmerHale on

On May 26, 2022, the United States Supreme Court ruled to allow the Biden Administration to continue using the social cost of carbon estimates in its regulatory analyses, developed pursuant to President Biden’s Executive...more

Cozen O'Connor

Louisiana AG Plans to Appeal Cost of Carbon Ruling to Supreme Court

Cozen O'Connor on

Louisiana AG Jeff Landry, leading a 10-state coalition of AGs, stated that he plans to petition the Supreme Court to review a 5th Circuit order reversing a lower court ruling enjoining the use of an increased “social cost of...more

ArentFox Schiff

Court Cites “Major Questions” Doctrine when Striking Down Biden “Social Cost of Carbon” Efforts

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The “major questions" doctrine provides that for “major policy question[s] of great economic or political importance, Congress must either: (i) expressly and specifically decide the major policy question itself and delegate...more

(ACOEL) | American College of Environmental...

Clean Air Act Cost Benefit Analysis Is Required Only When Authorized By Statute, Except If It Is Imposed By Executive Order, But...

The law of regulatory cost benefit analysis just became even more incoherent under a ruling of the Western District of Louisiana enjoining implementation of President Biden’s executive order setting parameters to establish...more

ArentFox Schiff

The Underlying Impact on Trade From Biden's Support of the Electric Mobility Efforts

ArentFox Schiff on

Throughout 2021, the administration and Congress have made clear the support for US domestic manufacturing of the electric mobility supply chain. Their goal is to both boost economic growth and reduce US carbon emissions....more

Latham & Watkins LLP

President Biden Outlines Comprehensive Plan for Federal Sustainability

Latham & Watkins LLP on

The president’s executive order aims to use the US government’s procurement power to achieve “carbon pollution-free electricity” by 2030 and net zero emissions by 2050. On December 8, 2021, President Biden issued an...more

Vinson & Elkins LLP

Latest Climate Change Executive Order Adds More Goals for Clean Procurement, but Little Direction

Vinson & Elkins LLP on

On December 8, 2021, President Biden signed Executive Order 14057, Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability (“EO 14057”). Below we summarize EO 14057 and call out what matters for business,...more

Perkins Coie

The Biden Administration’s Plan for a Zero-Carbon Federal Government by 2050

Perkins Coie on

President Biden signed an executive order (Order) on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by...more

Holland & Knight LLP

Changes are Coming to the Biden Administration's Federal Sustainability Plan

Holland & Knight LLP on

President Joe Biden issued an Executive Order on Catalyzing Clean Energy Industries and Jobs through Federal Sustainability on Dec. 8, 2021, emphasizing the federal government's role and initiative "[a]s the single largest...more

McDermott Will & Emery

Federal Government to Procure More Than 10 Gigawatts of Renewable Energy by 2030

McDermott Will & Emery on

On December 8, 2021, US President Joe Biden signed an executive order that directs the federal government to become carbon neutral by 2050. Due to the procurement power of the federal government, this executive order aims to...more

Jones Day

Federal Court Dismisses States' Challenge to President Biden's Executive Order 13990 on the Social Cost of Greenhouse Gases

Jones Day on

On August 31, 2021, a federal district court in Missouri v. Biden, 4:21-cv-00287, 2021 WL 3885590 (E.D. Mo. 2021), dismissed a suit brought by the State of Missouri and 12 other states, challenging President Biden's Executive...more

Williams Mullen

Climate Strategies Now!

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The convergence of climate change policy, massive spending on breakthrough advances in renewable energy sources (e.g., solar, on- and off-shore wind) and energy storage technology, complete upgrades to electricity...more

Williams Mullen

Biden Administration Commits to National and International CO2 Reductions at Climate Summit

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President Biden celebrated Earth Day by announcing his Administration’s goal to decrease CO2 emissions by 50-52% from a baseline of 2005 by 2030. While that undoubtedly is an aggressive goal, remember that the prior Paris...more

Morgan Lewis

Biden-Harris Administration’s ‘All of Government’ Approach to Addressing Climate Change and Environmental Justice

Morgan Lewis on

The Biden-Harris administration has set its sights on an ambitious environmental policy agenda, focusing on climate change and environmental justice as key initiatives, and intends to implement its agenda through an “all of...more

ArentFox Schiff

Biden Administration’s Actions to ‘Tackle Climate Crisis’ Involve Agriculture Sector

ArentFox Schiff on

Biden’s Executive Order on Tackling the Climate Crisis at Home and Abroad presents the agriculture sector with opportunities to have a voice in how the Administration meets its targets to reduce and mitigate greenhouse gas...more

Williams Mullen

Biden Climate Work Group Reverts to Obama Social Costs of Carbon

Williams Mullen on

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....more

BakerHostetler

Understanding Missouri v. Biden: The Benefits and Costs of Carbon Emissions

BakerHostetler on

On Feb. 26, the Biden administration announced that, for at least the rest of the year, federal agencies will conduct regulatory and environmental analyses assuming that the global “social cost” of emitting carbon dioxide is...more

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