News & Analysis as of

Greenhouse Gas Emissions

Diesel Emission Reduction: Arkansas Department of Environmental Quality Announces Grant Availability

The Arkansas Department of Environmental Quality (“ADEQ”) issued a December 14th news release stating it is accepting submissions for the Reduce Emissions from Diesels program (also known as the Go RED! program.)...more

Regional Haze: U.S. Environmental Protection Agency Announces Approval of Louisiana State Implementation Plan

The United States Environmental Protection Agency (“EPA”) issued a December 15th news release announcing approval of the State of Louisiana’s Clean Air Act Regional Haze State Implementation Plan (“SIP”). ...more

Luxembourg - Main New Tax Measures 2018 At A Glance

by Hogan Lovells on

On 14 December 2017, the Luxembourg Parliament (Chambre des Députés) approved the draft law (n° 7200) on the 2018 budget including certain tax measures (the "Law"). ...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

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

CEQA Remedies Statute Authorizes Writ Partially Decertifying EIR and Leaving Project Approvals In Place

by Miller Starr Regalia on

In a partially published opinion filed December 4, 2017, the Second District Court of Appeal affirmed the trial court’s post-remand judgment and held that CEQA’s remedies statute – Public Resources Code § 21168.9 – allows a...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

Currents - Energy Industry Insights - December 2017

WV DEP Waives Clean Water Act Authority Over Atlantic Coast Pipeline - "The West Virginia Department of Environmental Protection waived the state's authority under the federal Clean Water Act to determine if another major...more

Ontario Issues Proposed Amendments In Support Of Biofuels

by Bergeson & Campbell, P.C. on

On November 29, 2017, the Ontario Ministry of the Environment and Climate Change (Ministry) issued proposed amendments to the Ethanol in Gasoline regulation (O. Reg. 535/05) and the Greener Diesel -- Renewable Fuel Content...more

Brussels Regulatory Brief: December

by K&L Gates LLP on

On 10 November 2017, the European Union (“EU”) General Court (“GC”) rendered a judgment partially annulling the European Commission’s (“Commission”) decision fining a broker for its involvement in the Libor Yen interest rate...more

Fifth District Holds Cap-And-Trade Program Compliance Supports Refinery Project EIR’s Conclusion That GHG Emissions Are Less Than...

by Miller Starr Regalia on

In a lengthy, partially published opinion filed November 21, 2017, the Fifth District Court of Appeal addressed four CEQA challenges asserted by plaintiffs and appellants (“AIR”) to the sufficiency of Kern County’s 2014 Final...more

Land Use Matters: Alston & Bird LLP, November 2017

by Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. State of...more

Association of Irritated Residents v. Kern County: Temporary Shutdown Does Not Reset the Baseline for CEQA Environmental Analysis

On November 21, the California Fifth District Court of Appeal issued its decision in Association of Irritated Residents v. Kern County Board of Supervisors, 2017 WL 5590096, a challenge to the County’s Environmental Impact...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

SANDAG RTP/SCS EIR Redux: Is Fourth District’s Published Opinion on Remand Constructive CEQA Compliance Lesson or Moot Exercise?

by Miller Starr Regalia on

When it comes to CEQA cases, some courts don’t seem to know when to stop beating a dead horse. So it may be with the Fourth District Court of Appeal’s 43-page, published, 2-1 majority decision, accompanied by a 4-page...more

Neste Announces Collaboration With American Airlines

by Bergeson & Campbell, P.C. on

On November 13, 2017, Neste, a member of BRAG, announced it has entered into an agreement with American Airlines to explore opportunities to reduce the airline’s environmental footprint. To achieve this goal, the companies...more

Animal Waste Emissions from Large Concentrated Animal Feeding Operations: EPA, under the guns of the U.S. Court of Appeals for the...

by Ruder Ware on

Introduction - Let me be Captain Obvious here. When the title is that long, the topic, including its context and history, is convoluted. Let’s start at the end, work our way toward the beginning, and come full circle. On...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

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

Lights Out For The Clean Power Plan

by Bryan Cave on

On October 10, 2017, EPA Administrator Pruitt signed a Proposed Rule to repeal the Obama administration’s Clean Power Plan—officially titled the Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric...more

Currents - Energy Industry Insights - November 2017

China Energy Investment Signs MOU for $83.7 Billion in West Virginia Projects "China Energy Investment Corp, the world's largest power company by asset value, has signed a memorandum of understanding (MOU) to invest $83.7...more

D.C. Circuit's Atlantic Sunrise stay creates uncertainty for pipeline developers

by Hogan Lovells on

Earlier this week, the United States Court of Appeals for the District of Columbia Circuit issued an administrative stay of the Federal Energy Regulatory Commission’s (FERC) approval of Transcontinental Gas Pipe Line Company,...more

Client Alert: CAFOs: Protect Against Future Liability; Make Continuous Release Report on November 15

On November 15, the ruling of the U.S. Court of Appeals for the D.C. Circuit that invalidated the U.S. EPA’s rule exempting hog, chicken, dairy cow and other concentrated animal feeding operations (CAFOs) from reporting air...more

Neste Among Most Sustainable Companies In Climate Disclosure Project

by Bergeson & Campbell, P.C. on

On October 24, 2017, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced that it was the only energy company to reach the Leadership-class ranking in three Climate Disclosure Project (CDP)...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

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