El Consejo de Estado de Colombia anuló el trato desigual para industrias o actividades nuevas en la reglamentación de emisión de contaminantes a la atmósfera, el cual fue establecido por la Resolución No. 909 de 2008. Esta...more
In support of the administration’s efforts to facilitate the development of data centers, on September 15, 2025, US Environmental Protection Agency (EPA) Administrator Lee Zeldin announced at a White House artificial...more
California's ability to set its own vehicle emission standards under its Clean Air Act waiver of federal preemption is in jeopardy given three joint congressional resolutions signed into law by President Trump on June 12,...more
The California Fish and Game Commission took final action to approve the Western Joshua Tree Conservation Plan at its August 13, 2025 meeting. The Conservation Plan sets forth management practices and guidelines for the...more
In this edition, we explore some of the strategic questions shaping conversations in the energy sector today and provide you with tools and information that will be helpful when entering into contracts....more
On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") announced a proposed rule to repeal key amendments to the 2024 Mercury and Air Toxics Standards ("MATS") for coal- and oil-fired electric utility steam...more
If finalized, the rule would eliminate both Obama- and Biden-era limits on GHG emissions from fossil fuel-fired power plants. On June 11, 2025, the US Environmental Protection Agency (EPA) released a proposed rule under...more
EPA’s electronic mailbox is open for requests from stationary sources until March 31. In March 2025, the United States Environmental Protection Agency (EPA) announced that it has set up an electronic mailbox to allow...more
Foley is here to help you through all aspects of rethinking your long-term business strategies, investments, partnerships, and technology...more
Previously we’ve reviewed overarching expectations of the second Trump Administration, how the Trump Administration will act on California’s emissions waivers, the steps the Trump Administration is likely to take with respect...more
Governor Gavin Newsom issued an executive order Tuesday safeguarding victims of the Los Angeles-area fires from predatory real estate investors. The executive order is designed to protect residents in fire-ravaged zip codes...more
On Monday, January 13, 2025, California withdrew requests for Clean Air Act waivers from the U.S. Environmental Protection Agency (EPA) needed to support four recently adopted vehicle emissions regulations: 1) the Advanced...more
Under President Joe Biden’s Administration, multiple programs were created to invest in the necessary infrastructure and to support private development of the electric vehicle industry. Given the anticipated shift away from...more
In a significant development for environmental law and state autonomy, the Supreme Court of the United States (SCOTUS) recently declined to review whether the U.S. Environmental Protection Agency (EPA) has the authority to...more
On the day of his inauguration, President Joe Biden issued a historic number of executive orders, several of which focused on overturning actions taken by the Trump Administration’s Environmental Protection Agency (EPA). We...more
On September 23, 2024, the U.S. Environmental Protection Agency ("EPA") announced a final rule under the American Innovation and Manufacturing Act of 2020 ("AIM Act") establishing a new program overseeing hydrofluorocarbons...more
As noted in previous editions of The Climate Report, in recent months, the United States Environmental Protection Agency ("EPA"), Federal Highway Administration ("FHA"), and California Air Resource Board ("CARB") have imposed...more
Foley & Lardner will provide podcast commentary on key trends impacting the automotive supply industry as part of the firm’s participation in the MEMA Original Equipment Suppliers Annual Conference on November 12-13, 2024...more
While a dispute over the Clean Air Act’s (CAAs) venue provision may seem arcane, a forthcoming US Supreme Court decision will affect core principles of the separation of powers and constitutional due process in ways that may...more
An article by Foley & Lardner Partner Vanessa Miller that provides a guide to force majeure provisions was published in mdm Distribution Intelligence. To address potential risks to national security, the U.S. Commerce...more
In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for malfunctions associated with violations of New Source Performance Standards (NSPS) and National Emission...more
EPA Proposes Removing Affirmative Defense Provisions from Eighteen Clean Air Act Emission Standards - In a proposed rule published on June 24, 2024, EPA has proposed to remove eighteen affirmative defense provisions for...more
The Oregon Department of Environmental Quality (“ODEQ”) issued a June 25th Notice of Civil Penalty Assessment and Order (“Order”) to Crash Champions, LLC (“CC”) addressing an alleged violation of certain Oregon air...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Viskase Companies, Inc. (“VCI”) entered into a May 6th Consent Administrative Order (“CAO”) addressing an alleged violation of...more
The Waste-to-Energy Association (“WTEA”) submitted July 1st comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed rule styled: Prevention of Significant Deterioration (PSD) and...more