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Maryland to Propose Building Energy Performance Standards

The Maryland Department of the Environment ("MDE") will publish proposed rules limiting greenhouse gas ("GHG") emissions from covered buildings and requiring covered building owners to submit detailed energy performance...more

California Emissions Bills: What Your Company Needs to Know

In Short - The Situation: The California legislature passed landmark climate bills that surpass emissions disclosure requirements of any other existing state law. The bills are branded as the nation's first comprehensive...more

The Climate Report | Second Quarter 2023

"Green Day" in the UK - As part of its "Powering Up Britain" strategy, the UK government has published a series of documents setting out its vision for the UK's transition to net zero and the strengthening of UK energy...more

Washington State Launches New Cap-and-Invest Program

Washington State's new cap-and-invest program officially launched in January 2023. The program, largely modeled after California's cap-and-trade program, originates from Washington's 2021 passage of the Climate Commitment Act...more

There's Something About Hydrogen

Quick! When you think about hydrogen, what is the first image you think of? Is it the explosion of the Hindenburg? A mushroom cloud spreading over the New Mexican desert? These images likely come to mind courtesy of...more

The Climate Report | Third Quarter 2022

REGULATORY ISSUES & UPDATES - European Taxonomy Regulation Extended to Natural Gas and Nuclear Energy - The regulation is likely to create new opportunities for natural gas and nuclear energy in the European Union,...more

U.S. Supreme Court Limits How EPA Can Regulate Greenhouse Gases

In West Virginia v. EPA, a case argued by Jones Day, the U.S. Supreme Court determined that Congress did not authorize the U.S. Environmental Protection Agency ("EPA") to compel generation shifting among existing electric...more

U.S. Supreme Court Curbs Executive Power and Reach of EPA

What Happened: West Virginia v. EPA - In West Virginia v. EPA, the Supreme Court ruled in favor of Jones Day client, the North American Coal Corporation, and determined that the EPA did not have clear authorization from...more

EPA Proposes Methane Emission Regulation for Existing Oil and Gas Production

After years of attempts with varying success to regulate methane emissions from new oil and gas wells, the Biden administration has shifted strategy in proposing a regulatory program covering both new and existing oil and...more

Climate Change Diligence—An Emerging Focus in U.S. Transactions

In transactions, climate change diligence is generally directed at examining the climate change impact of a potential investment. This involves focusing both on confirming the information provided by the target of the...more

Interim Update on Biden Administration Climate Change Initiatives

Interim Update on Biden Administration Climate Change Initiatives - The last edition of the Climate Report discussed President Biden's signing, on his first day in office, of an instrument for the United States to re-join...more

The Climate Report | Second Quarter 2021

Climate Change Regulatory Issues & Updates - Interim Update on Biden Administration Climate Change Initiatives - The last edition of the Climate Report discussed President Biden's signing, on his first day in office,...more

Biden Administration Announces Moratorium on New Federal Oil and Gas Leases

The Biden administration's Executive Order on Tackling the Climate Crisis at Home and Abroad ("Executive Order") expands upon the Department of the Interior's Secretarial Order No. 3395 and indefinitely suspends the federal...more

The Climate Report | Summer 2019

Climate Change Regulatory Issues & Updates - EPA Issues Affordable Clean Energy Rule - The U.S. Environmental Protection Agency ("EPA") issued the Affordable Clean Energy rule on July 8 to repeal the Clean Power Plan...more

Is Fossil Fuel Running on Empty? The Implications of Climate Change Mitigation

The Situation: Proposed resolutions in Congress and an injunction request in a Ninth Circuit case both seek significant reductions in fossil fuel use throughout the economy. The Result: In the near term, it is easy to...more

The Climate Report - Fall 2017

US. REGULATORY AND LITIGATION DEVELOPMENTS - EPA PROPOSES TO RESCIND CLEAN POWER PLAN - What EPA Did - In a decision expected and promised since the election of President Donald Trump, the United States...more

No Accord: Summarizing the U.S. Withdrawal from the Paris Climate Agreement

On June 1, 2017, President Trump announced that the "United States will cease all implementation" of the Paris Climate Accord. This Commentary provides a short summary of the impacts of President Trump's announcement....more

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