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Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - July 2024 #3

This week, we discuss the first settlement between a state and a group of young plaintiffs who claimed that their government’s inadequate climate policies violated their constitutional right to a healthy environment. We...more

Mayer Brown

Lawsuit Challenges Recent California Climate Disclosure Laws

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As discussed in our earlier Client Alerts, California recently passed several laws requiring certain climate-related corporate disclosures, including, for example, regarding emissions and climate-related financial risk. As...more

Robinson+Cole Environmental Law +

EPA to Increase Air Monitoring at Marine Ports

In a recent report, the Environmental Protection Agency (EPA) Office of Inspector General (OIG) describes steps the EPA should take to increase air monitoring at marine ports and neighboring communities. While not agreeing to...more

Cadwalader, Wickersham & Taft LLP

U.S. Lawmakers Urge DOJ to Investigate Oil and Gas Companies

On July 25, 2023, Representative Ted Lieu and 19 other Democratic lawmakers from the U.S. House of Representatives and Senate sent a letter to U.S. Attorney General Merrick Garland, requesting that the Department of Justice...more

Goulston & Storrs PC

Boston Initiatives Reduce Greenhouse Gas Emissions

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The City of Boston is advancing three companion regulatory efforts to reduce greenhouse gas emissions for medium-sized and large buildings. As addressed in our 2021 advisory, the Boston Emissions Reduction and Disclosure...more

Morgan Lewis

EPA Proposes Including 'Fugitive' Air Emissions for Major Source Permitting

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The US Environmental Protection Agency recently proposed a rule change that would formally repeal a 2008 rule and require all existing major industrial facilities to include “fugitive” emissions in preconstruction evaluations...more

Stinson LLP

Biden Plan Calls for Carbon Neutral Jet Fuel by 2050 With Eye Towards Biofuels

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A recently-issued multi-agency report highlights a path for the U.S. government to replace fossil fuel-based jet fuel with renewable sources to address climate change and encourage infrastructure development. The U.S....more

Goldberg Segalla

Key Corporate Climate Accountability Bill Fails to Pass in California

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Despite California’s most recent, two-year legislative session ending on September 1 with a flurry of new bills aimed at fighting global warming getting passed, one noticeable bill failed to pass on the last day. Senator...more

Morgan Lewis

DC Circuit Denies Standing to Aftermarket Parts Manufacturers Challenging EPA Tampering Rules

Morgan Lewis on

Citing a lack of standing and no final agency action, the US Court of Appeals for the DC Circuit dismissed the petition of an association representing businesses that make and sell aftermarket racing parts seeking review of a...more

Goldberg Segalla

The Pendulum Swings Back Again on Clean Air

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In June 1989, then-President George H. W. Bush proposed revisions to the Clean Air Act designed to reduce what were perceived as three of the largest threats to the environment at the time: toxic air emissions, acid rain, and...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

Jones Day

France Regulates the Use of Carbon Neutrality Claims in Advertisements

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As part of its legislative arsenal to combat climate change, France adopted the Climate and Resilience Law on August 22, 2021 ("Climate Law"), providing for a large number of binding measures against greenhouse gas ("GHG")...more

Stikeman Elliott LLP

Canada Releases its New 2030 Emissions Reduction Plan

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On March 29, 2022, the Minister of Environment and Climate Change, supported by Prime Minister Justin Trudeau, tabled Canada’s new 2030 Emissions Reduction Plan (the “Plan”). The Plan describes the existing and new measures...more

Bennett Jones LLP

Small Modular Reactors: A Key Component to a Low Carbon Future?

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Energy innovation and transformation is front and centre at all levels of government and industry as society collectively tackles climate issues. Interest in the development and deployment of Small Modular Reactors (SMRs)...more

Brownstein Hyatt Farber Schreck

EPA Reverses Trump Era Clean Air Act SSM Policy

The Environmental Protection Agency’s (“EPA’s”) guidance, issued Sept. 30, 2021, revoking the Trump-era Startup, Shutdown, and Malfunction (“SSM”) guidance signals difficult permitting decisions ahead for emitters across...more

Brownstein Hyatt Farber Schreck

Clean Air Act in Court: Shaping Non-Attainment State Implementation Plans

As states continue to revise state implementation plans (SIP) to meet the requirements of the Clean Air Act (CAA), two recent decisions out of the Ninth Circuit Court of Appeals are likely to affect how contingency measures...more

Brownstein Hyatt Farber Schreck

Key Takeaways from the Climate Leaders Summit

Biden Promises to Cut U.S. Emissions in Half from 2005 Levels - The Biden administration kicked off their two-day Climate Leaders’ Summit on Earth Day, April 22, 2021, and concluded the event on April 23, 2021. The intent...more

Snell & Wilmer

South Coast Air Quality Management District to Regulate Distribution Warehouses, Part 2

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The South Coast Air Quality Management District (“SCAQMD”) is pursuing a new rule to regulate distribution warehouses. The SCAQMD’s focus is not on emissions generated by the warehouses or their equipment. Rather, its focus...more

Allen Matkins

California Environmental Law & Policy Update - December 2020 #2

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New EPA rule aims to limit tough clean air measures under Biden - The New York Times – December 9 - The U.S. Environmental Protection Agency (EPA) this Wednesday completed a rule that could weaken federal authority to...more

Baker Donelson

EPA Issues New Air Guidance on Plantwide Applicability Limits

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On August 4, 2020, the EPA issued new guidance addressing the issue of Plantwide Applicability Limits (PAL) under the New Source Review (NSR) program of the Clean Air Act. The PAL guidance is intended to expedite facility...more

Snell & Wilmer

South Coast Air Quality Management District to Regulate Distribution Warehouses, Part 1

Snell & Wilmer on

As industrial facilities go, distribution warehouses are clean, non-polluting operations. They generally do not operate industrial furnaces, boilers, compressors, pumps, tanks or other major stationary sources of air...more

Allen Matkins

Sustainable Development and Land Use Update - September 2020 #2

Allen Matkins on

When roads heat up during the summer, the asphalt poisons urban air - Fast Company – September 8 - In the summer, dark asphalt roads and roofs absorb heat from the sun and then put it back into the air, which is...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Pennsylvania Department of Environmental Protection and Unconventional Natural Gas Well Operator Enter into...

The Pennsylvania Department of Environmental Protection (“PDEP”) and Range Resources-Appalachia, LLC (“Range”) entered into an April 9th Consent Assessment of Civil Penalty (“Consent Assessment”) addressing alleged violations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Russellville...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Mahle Engine Components USA, Inc. (“Mahle”) entered into a March 20th Consent Administrative Order (“CAO”) addressing alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Particulate Matter NAAQS/Clean Air Act: U.S. Environmental Protection Agency Retains Current Standard

The United States Environmental Protection Agency (“EPA”) announced it is proposing to retain the current Clean Air Act National Ambient Air Quality Standard (“NAAQS”) for particulate matter (“PM”). The PM standard includes...more

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