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Biden Administration Proposes Major Investments In Energy As Part of Infrastructure Proposal

In an address from Pittsburgh, “the City of Bridges,” President Biden on March 31, 2021, proposed the “American Jobs Plan,” which would spend approximately $2 trillion over the next ten years on a wide variety of...more

Biden Administration Rapidly Advances Climate Change Agenda

It’s no secret that President Biden plans to prioritize action on climate change. During his presidential campaign, Biden identified climate change as one of his top four priorities, and announced he would seek to put the...more

Agriculture In Focus Under Biden Climate Policy

President Biden’s January 27, 2021 Executive Order 14008, “Tackling the Climate Crisis at Home and Abroad” ("the Order”) focuses unprecedented attention on the role that agriculture can play in combating climate change and...more

California Leads Nation With Introduction of Ambitious Climate Disclosure Bill in State Legislature

Last week, California Senate Bill (SB) 260, the Climate Corporate Accountability Act was introduced in the California state legislature. If enacted, large corporations doing business in the state of California would be...more

Hitching a Ride on the Omnibus: COVID Relief and Appropriations Act Includes Major Climate Change and Energy Provisions

On December 27, 2020, President Trump signed H.R. 133, the “Consolidated Appropriations Act, 2021,” an agglomeration of dozens of individual pieces of legislation which together total nearly 6,000 pages. While general press...more

Carbon Markets Roundup - September 2020

B&D’s Carbon Markets Roundup covers domestic and international developments related to carbon pricing and related regulatory programs aimed at regulating or reducing greenhouse gas (GHG) emissions. Despite—or perhaps because...more

Carbon Markets Roundup - September 2021

B&D’s Carbon Markets Roundup covers domestic and international developments related to carbon pricing and related regulatory programs aimed at regulating or reducing greenhouse gas (GHG) emissions. Despite—or perhaps because...more

Prepare for Takeoff: EPA Proposes First-Ever Domestic Greenhouse Gas Standards for Aircraft

The Environmental Protection Agency (EPA) has published a proposal to adopt the first-ever Clean Air Act (CAA) emission standards for greenhouse gases (GHGs) emitted by aircraft. EPA’s proposal flows from the agency’s 2016...more

Federal Court Dismisses Federal Challenge to California’s Cap-and-Trade Linkage to Quebec Program

Last year, the U.S. Department of Justice filed a lawsuit in the U.S. District Court for the Central District of California challenging the constitutionality of California’s linkage of its cap-and-trade program to a similar...more

Treasury Department Proposes Regulations to Govern Tax Credits for Carbon Capture and Sequestration

After a long wait, the Treasury Department has issued proposed regulations to implement Section 45Q of the Tax Code, which provides tax credits for capturing and sequestering carbon oxides that would otherwise escape to the...more

Growing Climate Solutions Act Introduced with Broad Bipartisan Support

Late last week, a bipartisan group of U.S. Senators introduced the Growing Climate Solutions Act, aimed at increasing and encouraging nature-based greenhouse gas (GHG) reductions in the agriculture and forestry sectors....more

Trump DOJ Sues California, Seeks to End State’s Cap-and-Trade Agreement with Québec

A recent lawsuit filed by the Trump Administration’s Department of Justice seeks to block a six-year-old agreement between California and Québec that “links” their respective cap-and-trade programs....more

New York State Passes Sweeping Climate Legislation That Could Affect Nearly All Sectors

The New York State Assembly and Senate this week passed one of the most sweeping pieces of climate change legislation in the United States and beyond. Known as the Climate Leadership and Community Protection Act (CLCPA), the...more

Will Massachusetts and Other Northeastern States Move to Aggressively Price Carbon Emissions?

Carbon tax proposals are proliferating, both nationally and in New England. Last year, carbon tax bills were introduced in all New England states, New York, and several other states. While some of those proposals have faded...more

Massachusetts Supreme Judicial Court Upholds GHG Caps for Electricity Sector and Affirms the Continued Viability of Chevron-style...

On September 4, 2018, the Massachusetts Supreme Judicial Court (SJC) issued an opinion in New England Power Generators Association v. Department of Environmental Protection (Case number SJC-12477; --- N.E.3d ---, 2018 WL...more

Carbon Markets Roundup: Recent Developments in U.S. and International Carbon Pricing Regimes

Q2 was a busy one for carbon markets. On the international front, talks to develop the Paris Rulebook advanced, but progress was slower than hoped. Ontario announced withdrawal from the Western Climate Initiative, while...more

CARB’s Use of Little-Known Enforcement Tool Should be of Paramount Concern for LCFS Participants

The Low Carbon Fuel Standard (“LCFS”) Regulation has been embroiled in controversy since its inception. Despite the California Air Resources Board’s (“CARB’s”) continuing difficulty following California Environmental Quality...more

Carbon Pricing Roundup: Recent Developments in the US and Abroad

The first quarter of 2018 has been a busy one for efforts to put a price on greenhouse gas (GHG) emissions, both in the United States and abroad. In February, the European Union (EU) approved reforms to the EU Emissions...more

Industry Wins First Round in California Climate Change Litigation

Yesterday, a California federal district court dealt a serious blow to two California cities’ climate change lawsuits against several major oil and gas companies. Judge William Alsup issued an order denying the plaintiffs’...more

California Supreme Court Refuses to Take Up Challenge to Cap-and-Trade Program; CARB Confirms Board Hearing Will be Held in July

The California Supreme Court yesterday refused to take up the appeal in California Chamber of Commerce v. CARB, ending litigation that would have struck down a key element of the California Cap-and-Trade program (the...more

President Trump Announces Withdrawal from Paris Agreement on Climate Change

President Trump announced on Thursday his intention to initiate a formal withdrawal of the United States from the Paris Agreement, a global agreement designed to address climate change by reducing greenhouse gas (“GHG”)...more

Climate Regulation in California: A State of Constant Change

Climate change regulation in California is in the midst of transformation. Last year, the Legislature voted to enact SB 32, extending California’s greenhouse gas (GHG) reduction targets, which were set to expire in 2020,...more

California Court of Appeal Upholds Cap-and-Trade Program

On Thursday, April 06, 2017, California’s Court of Appeal for the Third Appellate District upheld California’s Cap-and-Trade Program, the cornerstone of California’s climate change policy, by a 2-1 vote. In the case,...more

New Executive Order Creates a Changed Climate for Climate Change and Energy

On March 28, 2017, President Trump signed an Executive Order entitled “Promoting Energy Independence and Economic Growth” (EO). This latest EO aims to further incentivize domestic energy production, particularly coal, oil...more

Massachusetts Environmental and Land Use Alert

Off to Court We Go: Petitioners Challenge EPA’s Small MS4 General Permit for Massachusetts - The storm of debate and criticism over the terms and conditions of the U.S. Environmental Protection Agency’s (EPA) General...more

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