News & Analysis as of

Proposed Regulation Climate Change

Mintz

The North Atlantic Right Whales deserve our best effort to save them, and the high-speed ferry plan doesn't seem to be that.

Mintz on

The National Oceanic and Atmospheric Administration is pressing ahead with its plan to ban Fast Ferries between the Massachusetts mainland and Martha's Vineyard and Nantucket between November 1st and May 30.  I first wrote...more

DarrowEverett LLP

The Heat Is On SEC’s Climate-Related Disclosure Rules

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On March 6, 2024, the U.S. Securities and Exchange Commission (the “SEC”) adopted new final rules requiring issuers to include extensive disclosure in registration statements and periodic reports regarding material...more

Bass, Berry & Sims PLC

Update on SEC Climate Change Rules

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In a never ending saga to the climate disclosure rules, on March 15, the Fifth Circuit temporarily stayed the recently adopted climate change disclosure rules....more

A&O Shearman

SEC adopts climate-related disclosure regime covering all registrants

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New rules reflect significant concessions in response to public comments, but compliance will require careful consideration and significant investment by SEC registrants. - Scope 3 emissions disclosure not required for...more

Foley Hoag LLP

Preparing to Comply with the SEC’s New Climate Rules

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On March 6, 2024, the Securities and Exchange Commission (SEC) adopted final rules relating to climate-related risks, which are available here. The new rules will require extensive new disclosures, which in turn will require...more

Bennett Jones LLP

Federal Government Proposes Potential Changes to Draft Clean Energy Regulations

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On February 16, 2024, the Canadian government released an update on the Draft Clean Energy Regulations (Draft CER) and provided some proposed changes in response to the significant feedback affected parties provided on the...more

Jones Day

EPA Proposes Regulations to Implement Methane Fee

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The U.S. Environmental Protection Agency ("EPA") has proposed regulations for calculating methane emissions fees required beginning this year under the Inflation Reduction Act ("IRA"). Section 136 of the Clean Air Act (added...more

Davis Wright Tremaine LLP

The Oregon Climate Protection Program Is Dead. Long Live the Climate Protection Program?

The Oregon Department of Environmental Quality (DEQ) just announced that it would not appeal a recent decision by the Oregon Court of Appeals invalidating the Climate Protection Program (CPP), Oregon's sweeping administrative...more

Davis Wright Tremaine LLP

ESG Job 1? Climate Change. Key Tool? Supply Chain Contracts.

Environmental, Social, and Governance (ESG) encompasses an array of issues so broad that it can seem overwhelming. It includes addressing climate change, eliminating forced labor, preventing exposure to toxic chemicals, and...more

Holland & Knight LLP

Breaking Down the Section 45V Clean Hydrogen PTC Proposed Regulations

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The U.S. Department of the Treasury and the IRS on Dec. 22, 2023, released proposed regulations regarding the production tax credit (PTC) for hydrogen under Section 45V of the Internal Revenue Code, as enacted by the...more

Foley Hoag LLP - Energy & Climate Counsel

New York Releases Preliminary Outline of Cap-and-Invest Program

On December 20, 2023, the New York State Department of Environmental Conservation (DEC) and the New York State Energy Research and Development Authority (NYSERDA) released a pre-proposal outline of New York State’s...more

A&O Shearman

CFTC announces proposed guidance and a request for comments regarding voluntary carbon credit derivative contracts

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\On December 4, 2023, the U.S. Commodity Futures Trading Commission (“CFTC”) announced that they were seeking public comment on proposed guidance for the listing of voluntary carbon credit (“VCC”) derivative contracts.1...more

Jones Day

Environmental Reviews Under NEPA to Include More Thorough Consideration of Climate Change Risks

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Several recent proposals impacting implementation of the National Environmental Policy Act ("NEPA") demonstrate a renewed focus on considering climate change in federal decision-making. In July, the Council on Environmental...more

A&O Shearman

Nine key takeaways from the UAE's new Hydrogen Strategy

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The UAE published its long-awaited hydrogen strategy last week, aiming to outline the key steps needed to position the UAE as a top global producer of low carbon hydrogen by 2031 and to support the UAE’s announced target of...more

Mayer Brown Free Writings + Perspectives

New “Climate Reporting” Laws in California – Emissions and Climate-Related Financial Risk Disclosure Required

Two new bills have been passed in California as part of a “Climate Accountability Package” that require US-based companies “doing business”1 in California to make disclosures about their emissions and climate-related...more

Jones Day

Who, What, When: The Impact of the EU CSRD on Non-EU Companies

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The EU’s Corporate Sustainability Reporting Directive (“CSRD”) requires the most detailed and onerous ESG reporting and disclosures anywhere in the world. All told, it is estimated that more than 50,000 companies, including...more

Eversheds Sutherland (US) LLP

Key proposed regulations issued regarding prevailing wage and registered apprenticeship requirements

On August 29, 2023, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued proposed regulations (Proposed Regulations) on the clean energy prevailing wage and apprenticeship (PWA) requirements...more

Goodwin

The EU Sustainable Finance Package: key points for private fund managers

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On 13 June the European Commission (the Commission) published a new package of measures to bolster the EU sustainable finance framework.  Its aim is to: “ensure that the EU sustainable finance framework continues to...more

Mintz

EPA to Announce Proposed Regulation To Control GHG Emissions From Power Plants

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It has been publicly reported that the Biden Administration's EPA will shortly "announce limits on greenhouse gas emissions from power plants that could compel them to capture the pollution from their smokestacks."  In...more

Jenner & Block

Utilizing the Inflation Reduction Act to Invest in Our Planet (Corporate Environmental Lawyer )

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We cannot talk about investing in our planet this Earth Day 2023 without discussing the Inflation Reduction Act of 2022 (IRA). We’ve discussed the IRA previously here and here. In short, this historic piece of legislation...more

Proskauer Rose LLP

Question of the Week: What is the most significant regulatory change you expect to see this year and why?

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In the registered fund world, we spent much of the past year focused on complying with – and implementing – new, operationally complex rules covering derivatives, valuation and fund-of-fund investments, among others. This...more

Cadwalader, Wickersham & Taft LLP

California Bill on Climate-Related Disclosure

California Senate Bill 253, the Climate Corporate Data Accountability Act, if passed, will require all companies that do business in California and report over $1 billion in annual revenue to report on the full range of their...more

Latham & Watkins LLP

Federal Reserve Proposes Climate Risk Guidance for Large Financial Institutions

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The guiding principles are similar to related proposals from other banking regulators, but will require further clarification through the comment process. On December 2, 2022, the Board of Governors of the Federal...more

Goodwin

Federal Reserve Invites Public Comment on Proposed Principles for Large Banking Organizations to Manage Climate-Related Financial...

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Regulatory Developments - Federal Reserve Invites Public Comment on Proposed Principles for Large Banking Organizations to Manage Climate-Related Financial Risks - On December 2, the Federal Reserve announced that it...more

Foley Hoag LLP - Energy & Climate Counsel

EPA Proposes Major Biofuels Regulation

On December 1, 2022, the Environmental Protection Agency (“EPA”) proposed a sweeping new rule for the Renewable Fuel Standards (“RFS”) Program, the federal government’s flagship program for facilitating the production of...more

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