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D.C. Circuit Vacates Trump ACE Rule: What’s Next for Power Plant CO2 Regulation?

On January 19, 2021, the D.C. Circuit vacated the Affordable Clean Energy (ACE) rule, the Trump Administration’s action to address CO2 emissions from existing coal-fired power plants. The ACE rule repealed an Obama-era rule...more

Treasury Department Finalizes Regulations to Govern 45Q Tax Credits for Carbon Capture and Sequestration

As we previously reported, in June 2020, the Treasury Department issued proposed regulations to implement Section 45Q of the Tax Code, which provides tax credits for capturing and sequestering carbon oxides that would...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

COVID-19 Impacts in Massachusetts: Governor Returns Businesses to Phase 3 Step 1 and State Jury Trials Delayed Until January

Update Highlights: • COVID-19 infection rates, case numbers, hospitalizations, and deaths are at or approaching the highs seen in the spring. ...more

EPA Finalizes Key NSR Reform Rule That Will Allow Consideration of Emissions Decreases When Assessing NSR Applicability

On November 24, 2020, EPA published a final rule that changes how facilities can calculate their emissions when assessing permitting requirements under the Clean Air Act’s New Source Review (NSR) program. Under the final...more

COVID-19 Impacts in Massachusetts: Massachusetts State and Federal Courthouses Adjust Re-Opening Plans as State Attempts to Manage...

Update Highlights: • COVID-19 cases are on the rise in Massachusetts, hitting rates of infection not seen since the spring. • Governor Baker imposed a nighttime curfew and restrictions on the size of gatherings in...more

FERC Policy Proposal May Advance State Efforts to Price Carbon Emissions

On October 15, 2020, the Federal Energy Regulatory Commission (FERC) issued a proposed policy statement clarifying that it has jurisdiction over rules incorporating state-determined carbon pricing in wholesale electric...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

Wildfires Burn Carbon Offsets

The Western United States is in the middle of one of the biggest wildfire seasons to date. Not only have these wildfires significantly impacted surrounding communities and ecosystems, but they have threatened carbon offset...more

COVID-19 Impacts in Massachusetts: Massachusetts State and Federal Courthouses Re-Open In Phased Approach (Updated)

Update Highlights: • Massachusetts state courts continue to expand in-person services and hearings while conducting business virtually whenever possible. • The Supreme Judicial Court issued a new order last week...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

COVID-19 Impacts in Massachusetts: Massachusetts State and Federal Courthouses Re-Open In Phased Approach

Update Highlights: The Massachusetts District Court for the District of Massachusetts has released an Order allowing for renewed in-person proceedings in limited cases....more

COVID-19 Impacts in Massachusetts: SJC Sets Protocols for Entering Courthouses

Update Highlights: The Supreme Judicial Court issued new orders this week spelling out the logistics for public attendance at courthouses set to reopen on July 13. Members of the public will be subject to screening,...more

MassDEP Reopens Public Comment Period for Targeted Issues in Draft 2020-2030 Solid Waste Master Plan

The Massachusetts Department of Environmental Protection is reopening the public comment period on its draft Solid Waste Master Plan for 2020­–2030 in light of developments and comments associated with COVID-19, environmental...more

COVID-19 Impacts in Massachusetts: Entering Phase 3 and Restarting the Clock on State Permitting

Update Highlights: Massachusetts moves into Phase 3 of its reopening plan on July 6, including the opening of fitness centers and health clubs, museums and aquariums, movie theaters and performance halls (at limited...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

COVID-19 Impacts in Massachusetts: State Courts to Begin Reopening on July 13; Tolling Ends June 30

This and other updates on the Commonwealth’s response are collected on its website and the separate court system site. Beveridge & Diamond’s COVID-19 EH&S Resource Center is available as we work remotely throughout our seven...more

Massachusetts SMART Program Regulations: More Solar Capacity, Less Land Area

On April 14, the Massachusetts Department of Energy Resources (DOER) filed emergency regulations governing its SMART (Solar Massachusetts Renewable Target) program, the state’s current solar incentive program. Among other...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

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

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