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FTC Invites Comments on “Green Guides” Refresh

Advertising claims about the environmental attributes of a product continue to become more important, and the Federal Trade Commission (FTC) is seeking to change how it regulates advertising. The FTC is seeking comment on a...more

EU Reaches Provisional Agreement on Carbon Border Adjustment Mechanism

Both the European Union (EU) and the U.S. have recently taken steps toward implementing some form of a carbon border adjustment mechanism (CBAM). Several countries and the EU have long considered enacting legislation that...more

Net-Zero by 2050? Massachusetts Passes New Climate & Clean Energy Bill

On August 11, 2022, Massachusetts Governor Charlie Baker signed a significant new climate bill, “An Act driving clean energy and offshore wind” into law. This new law enacts several new climate change measures, including...more

Inflation Reduction Act Signed Into Law, Committing $370 Billion to Action on Climate and Energy

On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA) into law. The IRA includes a host of programs aimed at addressing climate change and energy production. These include, for example, major new or...more

U.S. Senate Passes the Inflation Reduction Act, Committing $370 Billion to Action on Climate and Energy

After months of intense, and at times acrimonious, negotiations among the Democratic caucus, the United States Senate on August 7, 2022, passed the Inflation Reduction Act (IRA). The IRA includes a host of programs aimed at...more

Key Takeaways from U.S. Supreme Court Decision in West Virginia v. EPA

On June 30, 2022, the U.S. Supreme Court issued its decision in West Virginia v. EPA, 597 U.S. __, 2022 WL 2347278 (June 30, 2022), a case involving the Obama Administration’s Clean Power Plan (CPP) and the Trump...more

Regulators Ramp Up Scrutiny of ESG Funds

The environmental, social, and governance (ESG) oversight train continues to gain momentum with recent efforts aimed at “greenwashing” in investment funds. Several actions reflect a confluence of global efforts to ensure that...more

Washington State’s Economy-Wide Climate Plan Takes Shape: Ecology Seeks Comment on Proposed Climate Commitment Act Program Rule

The Washington Department of Ecology (Ecology) has proposed new rules to implement an economy-wide “cap-and-invest” program in Washington State. With comments due on June 30, 2022, these rules have the potential to impact...more

Massachusetts SMART Program Expands Eligibility for Solar Units on Agricultural Land

On April 12, 2022, the Massachusetts Department of Energy Resources (DOER) finalized changes to the Guideline Regarding the Definition of Agricultural Solar Tariff Generation Units for the Solar Massachusetts Renewable Target...more

SEC Issues Proposed Rules on Climate-Related Disclosures

On March 21, 2022, the Securities and Exchange Commission (SEC) voted (in a 3:1 decision) to propose new rules “To Enhance and Standardize Climate-Related Disclosures for Investors.” The proposed rules would require...more

SEC Poised to Take Action on Climate Disclosure Requirements

The Securities and Exchange Commission (SEC) is set to formally consider the possibility of enhanced climate disclosure requirements at its upcoming Open Meeting on March 21, 2022. This meeting will be the latest in a series...more

President Biden Announces New Methane Emissions Reduction Strategy

On November 2, 2021, President Biden released the U.S. Methane Emissions Reduction Action Plan (the “Plan”). The Plan, calling for substantial reductions in U.S. methane emissions, was announced in tandem with an...more

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

Environmental Marketing Claims: Regulatory and Litigation Outlook

As consumers, investors, and other stakeholders are focused more than ever on the impacts of their purchasing and investment decisions, companies are seeking to convey information on the environmental attributes of their...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

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

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