Three years after a massive spill at a Los Angeles wastewater facility sent millions of gallons of sewage into Santa Monica Bay, the city has agreed to spend more than $20 million on improvements to remedy the environmental...more
Section 40B of the Internal Revenue Code of 1986 (the “Code”) enacted by the Inflation Reduction Act of 2022 (the “IRA”) provides credits for each gallon of sustainable aviation fuel (“SAF”) sold or used by a taxpayer before...more
The IRS and U.S. Department of the Treasury released on Dec. 15, 2023, Notice 2024-06 regarding Section 40B of the Internal Revenue Code. Effective for fuel mixtures sold or used after Dec. 31, 2022, and before Jan. 1, 2025,...more
The Environmental Protection Agency issued its final rule establishing biofuel volume requirements for 2023 to 2025 under the Renewable Fuel Standard (RFS) program on June 21. The Rule aims to reduce the United States’...more
When George W. Bush signed the Energy Policy Act of 2005 and the Energy Independence and Security Act of 2007, ethanol was hardly a household name, even though it had been used as a fuel since the early 1800s. Originally...more
[co-author: Leila Fleming] Supreme Court Restricts the EPA’s Authority to Mandate Carbon Emissions Reductions (NPR) - On Thursday, the Supreme Court invoked the “Major Questions Doctrine” in West Virginia v. EPA to...more
On May 2, 2022, the National Highway Traffic Safety Administration (NHTSA) published their new, stronger, corporate average fuel economy (CAFE) standards for model years (MY) 2024-2026 originally announced April 1. The final...more
The US Department of Transportation (DOT) implemented the Biden Administration’s newest vehicle-related environmental law intended to curb not only greenhouse gas emissions but also the United States’ reliance on imported oil...more
On December 20, the U.S. Environmental Protection Agency (“EPA”) finalized its new national greenhouse gas (GHG) emissions standards for new passenger cars and light trucks. These new rules are the most ambitious in history,...more
On November 12, 2021, a divided panel of the U.S. Court of Appeals for the D.C. Circuit in Truck Trailer Manufacturers Association, Inc. v. EPA, et al. held that the Environmental Protection Agency (“EPA”) cannot regulate...more
On August 10, 2021, the National Highway Traffic Safety Administration (NHTSA) issued a Notice of Proposed Rulemaking (NPRM) to revise the federal corporate average fuel economy (CAFE) emissions standards in model years (MY)...more
On March 31, 2020, the Environmental Protection Agency (EPA) and the Department of Transportation, acting through the National Highway Traffic Safety Administration (NHTSA), finalized a rulemaking that the agencies described...more
Led by California, 23 states, including Massachusetts, have sued the Trump administration challenging new federal regulations that strip the states’ authority to set their own vehicle emissions standards. On December 3, 2019,...more
The U.S. Environmental Protection Agency (“EPA”) and the U.S. Coast Guard (“USCG”) continue to signal interest in addressing air pollution from large ships and ocean-going vessels. Since statements made by EPA personnel in...more
The Trump Administration’s recent lawsuit against California’s climate change policies has cast a spotlight on a stark and troubling reality. U.S. v. California is just the latest salvo in a sustained, direct assault by EPA...more
Overview of the current energy mix, and the place in the market of different energy sources - U.S. energy consumption was 101 quadrillion British thermal units (Quads) in 2018, up from 97 Quads in 2017, according to the...more
Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver. EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...more
Focus - EPA officially withdraws California’s authority to set its own fuel standards - CBS News – September 19 - The U.S. Environmental Protection Agency (EPA) this Thursday formally withdrew the 2013 Clean Air Act waiver...more
Focus - EPA will not approve labels that say Roundup chemical causes cancer - U.S. News & World Report – August 8 - The U.S. Environmental Protection Agency (EPA) announced this Thursday that it will not approve...more
Petroleum Marketers Association of America (“PMAA”) Regulatory Counsel Mark Morgan authored a June 28th Compliance Bulletin titled: EPA Compliance Requirements for Sale of E15 Gasoline Blends (“Bulletin”)...more
This is the second issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from across...more
Focus - Supreme Court deals a setback to the endangered dusky gopher frog - WASHINGTON POST - Nov 27 The Supreme Court on Tuesday delivered a unanimous win to property owners contesting the government's designation of...more
A Texas Federal Judge Turns Up the Heat on Oil Companies Facing Climate Change-Related Securities Class Actions - On August 14, 2018, the United States District Court for the Northern District of Texas issued a...more
Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more
So the Trump administration has formally proposed to roll back CAFE standards for model years beginning in 2021. And California has announced its intention to start separately enforcing its own standards if the federal...more