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U.S. Supreme Court Agrees to Review Scope of EPA Authority over Power Plant Greenhouse Gas Emissions

On October 29, 2021, the U.S. Supreme Court agreed to hear an appeal of the D.C. Circuit’s decision vacating the Affordable Clean Energy (ACE) rule, the Trump Administration’s action to address CO2 emissions from existing...more

EPA Releases for Public Comment an Ambitious and Cross-Agency Climate Change and Environmental Justice Plan

Overview and Potential Action for Industry Stakeholders - On October 1, 2021, the Environmental Protection Agency (EPA or Agency) issued for public comment its Draft Strategic Plan to Address Climate Change and Advance...more

SEC Pushes for More Robust Climate Disclosures

The Securities and Exchange Commission (SEC) is poised to make good on its promise to ramp up enforcement efforts in relation to climate risk and environmental, social, and governance (ESG) disclosures. Last week, the SEC’s...more

Washington Adopts Economy-Wide Climate Legislation: “Cap-and-Invest” Approach Sets a Price For Carbon Emissions And Allows...

On May 17, 2021, Washington Gov. Jay Inslee signed the Washington Climate Commitment Act (CCA), which will create an economy-wide cap on greenhouse gas (GHG) emissions and create a system in which GHG credits are auctioned...more

Fourth Time's The Charm: Washington Enacts Clean Fuels Program, Creating West Coast Market For Low-Carbon Transportation Fuels

After four tries to enact a low carbon fuel standard, Governor Jay Inslee on May 17, 2021, signed HB 1091, new legislation that will establish a Clean Fuels Program (CFP) designed to limit the carbon intensity of...more

OMB Seeks Public Comments on Its Interim Social Cost of Carbon Metrics

The Office of Management and Budget (OMB) announced that it will solicit public comments on the interim social cost of carbon (SCC) metrics released in February by the Interagency Working Group on the Social Cost of...more

EPA Proposes Its First Rule Controlling HFCs Under the AIM Act

On May 3, 2021, EPA announced its first major climate change rule under the Biden Administration, proposing to phase down the manufacture and import of hydrofluorocarbons (HFCs), which are potent greenhouse gases. EPA...more

Congress and Biden Administration Move to Support Climate Solutions in Agriculture

Congress and the Biden Administration recently have taken substantial steps toward facilitating land-based solutions to global climate change, including measures specifically focused on agriculture. These actions would...more

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

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

Prepared for Takeoff: EPA Finalizes First-Ever Domestic Greenhouse Gas Standards for Aircraft

The Environmental Protection Agency (EPA) has adopted the first-ever Clean Air Act (CAA) aircraft emission standards for greenhouse gases (GHGs), assuring the worldwide acceptance of U.S. manufactured airplanes and airplane...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

Will California Adopt First-of-its-Kind Legislation Governing GHG Emissions from Land-Based Activities?

The California legislature is considering a bill aimed at reducing greenhouse gas (GHG) emissions from “working lands” (including agricultural, grazing, and forest) and “natural lands”. The bill also would encourage carbon...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

CORSIA Updates: ICAO Drops 2020 Emissions from CORSIA Baseline and Launches the CORSIA Central Registry

Despite a historic and costly slowdown in air travel due to COVID-19 impacts, the Carbon Offsetting and Reduction Scheme for International Airlines (CORSIA) continues to advance in several key areas. During its June Session,...more

CORSIA Updates: Baseline Decision Imminent and New Offset Programs in the Works

Despite a historic and costly slowdown in air travel due to COVID-19 impacts, the Carbon Offsetting and Reduction Scheme for International Airlines (CORSIA) continues to advance in several key areas. Recent developments...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

Transportation and Climate Initiative Issues Draft Cap-and-Investment MOU, Seeks Public Comment

On December 17, 2019, the Transportation and Climate Initiative (TCI), comprising 12 East-coast states and the District of Columbia, issued a draft Memorandum of Understanding (MOU) that would lay the framework for a...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

Carbon Markets Roundup August 2019

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 emissions. This edition of Carbon Markets...more

EPA Proposes to Amend Key NSR Permitting Criteria

A newly proposed rule would significantly alter how facilities calculate their emissions when assessing permitting requirements under the Clean Air Act’s New Source Review (NSR) program by allowing the inclusion of both...more

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