Trump Paves Way for Coal Renaissance and Targets State Climate Change Efforts -
In early April, President Trump issued several presidential actions to revive the coal industry, including rolling back environmental...more
6/19/2025
/ Climate Action Plan ,
Climate Change ,
Congressional Review Act ,
Deregulation ,
Energy Policy ,
Energy Projects ,
Environmental Litigation ,
Environmental Policies ,
EU ,
Executive Orders ,
Greenhouse Gas Emissions ,
Infrastructure ,
NEPA ,
Oil & Gas ,
Regulatory Reform ,
Trump Administration ,
UK ,
Zero-Emission Vehicles
On March 31, 2025, a coalition of environmental groups in New York filed a lawsuit to compel the New York Department of Environmental Conservation ("DEC") to issue regulations implementing the Climate Leadership and Community...more
6/18/2025
/ Climate Action Plan ,
Climate Change ,
Constitutional Challenges ,
Environmental Justice ,
Environmental Litigation ,
Executive Orders ,
Greenhouse Gas Emissions ,
New York ,
Public Health ,
Regulatory Requirements ,
Rulemaking Process ,
State and Local Government ,
Trump Administration
In early April, President Trump issued several energy-related presidential actions aimed at reviving the coal industry. These actions could boost the domestic coal industry, including by rolling back environmental regulations...more
6/13/2025
/ Cap-and-Trade ,
Clean Air Act ,
Climate Change ,
Coal Industry ,
Deregulation ,
Energy Policy ,
Environmental Litigation ,
Environmental Policies ,
Executive Orders ,
Greenhouse Gas Emissions ,
Infrastructure ,
Oil & Gas ,
Regulatory Reform ,
Renewable Energy ,
State and Local Government ,
Trump Administration
On December 18, 2024, the Montana Supreme Court ruled in the case of Held v. Montana, finding that the Montana Environmental Policy Act ("MEPA") violated the state's constitution. In the midst of great change to the federal...more
6/12/2025
/ Appeals ,
Climate Action Plan ,
Climate Change ,
Constitutional Challenges ,
Dismissals ,
Energy Policy ,
Environmental Litigation ,
Environmental Violations ,
Fossil Fuel ,
Judicial Authority ,
MT Supreme Court ,
State and Local Government ,
State Constitutions ,
UT Supreme Court
EPA has extended the reporting deadline under the Greenhouse Gas ("GHG") Reporting Rule for reporting year 2024 data from March 31, 2025, to May 30, 2025. Under the rule, owners and operators of facilities that are direct...more
New Carbon Removal Certification Framework in Europe -
A voluntary certification framework adopted by the EU aims to enhance the credibility and transparency of carbon removal activities within the EU to support its...more
3/27/2025
/ Carbon Emissions ,
Climate Change ,
Energy Policy ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
EU ,
Executive Orders ,
Greenwashing ,
Proposed Rules ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Sustainability ,
Trump Administration
The U.S. Environmental Protection Agency ("EPA") announced an agenda to revisit numerous regulations addressing the emission of greenhouse gases ("GHGs")....more
On January 23, 2025, in an opinion for City of Annapolis v. BP PLC, et al. and Anne Arundel County, Maryland v. BP PLC, et al., the Circuit Court of Anne Arundel County, Maryland, dismissed two cases brought by the City of...more
3/25/2025
/ Climate Change ,
Environmental Litigation ,
Environmental Policies ,
Failure To Warn ,
Maryland ,
Negligence ,
New Jersey ,
Oil & Gas ,
Preemption ,
Private Nuisance ,
Public Health ,
Public Nuisance ,
State and Local Government ,
State Attorneys General ,
Strict Liability ,
Trespass
Throughout 2024, young Americans from states like Oregon, California, and Hawaii turned to litigation, arguing that court intervention is necessary to protect them from climate change. The young plaintiffs spearheading these...more
3/25/2025
/ Appeals ,
Climate Change ,
Constitutional Challenges ,
Environmental Claims ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Litigation Strategies ,
Montana ,
MT Supreme Court ,
Public Health ,
Standing ,
State Constitutions ,
Trump Administration
The amount of climate-related litigation has tripled in the past decade and includes greenwashing claims against some of the largest fossil fuel companies in the world. New York state and its localities have brought some of...more
On January 10, 2025, the Pipeline and Hazardous Materials Safety Administration ("PHMSA") issued a proposed rule setting forth revisions to the federal Pipeline Safety Regulations ("PSR") (49 C.F.R. Parts 190-99) to include...more
Among the 37 executive orders signed by President Trump in his first week in office, there are several that address the regulation of energy and the environment. While it may be too soon to know the lasting effect of these...more
On March 12, 2025, the Environmental Protection Agency ("EPA") issued a flurry of press releases announcing its plan to rollback dozens of Biden-era, as well as earlier, environmental regulations. This historic move is part...more
On December 26, 2024, New York enacted a law requiring certain energy companies to contribute cumulatively $75 billion to a climate "superfund" over the next 25 years....more
1/10/2025
/ Carbon Emissions ,
Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Energy Sector ,
Environmental Litigation ,
Environmental Policies ,
Greenhouse Gas Emissions ,
New Legislation ,
New York ,
Oil & Gas ,
Regulatory Reform ,
State and Local Government ,
Superfund
New ESG regulations are expected to have a significant impact on disclosure and governance obligations for EU and non-EU companies alike, including extensive sustainability reporting and due diligence requirements on...more
12/11/2024
/ Carbon Emissions ,
Climate Action Plan ,
Climate Change ,
Coal Mines ,
Energy Policy ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Hague Convention ,
Infrastructure ,
Pollution Control ,
Shell Oil
REGULATORY ISSUES & UPDATES -
Update on Australia's New Climate-Related Financial Disclosure Regime -
Australia's mandatory climate-related financial disclosure regime is inching closer to implementation after the proposed...more
9/23/2024
/ Clean Air Act ,
Clean Energy ,
Climate Change ,
Disclosure Requirements ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Popular ,
Tax Credits
At the beginning of 2024, young American climate litigants seemed poised for success. In December 2023, the prominent case of Juliana v. United States (Case No. 6:15-CV-01517) had survived—in part—a motion to dismiss in the...more
On July 10, 2024, a Baltimore City Circuit Court judge dismissed a complaint brought by the City of Baltimore against 25 fossil fuel manufacturers, seeking to hold them liable on numerous state-law theories, including for...more
In City of Baltimore v. BP, et al., court holds that nuisance and tort claims are preempted by federal law and beyond the limits of state law....more
8/2/2024
/ BP PLC v Mayor and City Council of Baltimore ,
Clean Air Act ,
Climate Change ,
Fossil Fuel ,
Manufacturers ,
Natural Gas ,
Nuisance ,
Oil & Gas ,
Preemption ,
Statute of Limitations ,
Tort
REGULATORY ISSUES & UPDATES -
Recent Evolution of the European Regulatory Framework on Greenwashing -
Two new Directives adopted by the EU in 2024—the "Empowering Consumers Directive" and the "Green Claims...more
6/20/2024
/ Air Pollution ,
Carbon Capture and Sequestration ,
Carbon Emissions ,
Clean Air Act ,
Clean Energy ,
Climate Change ,
Disclosure Requirements ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Human Rights ,
Net Zero ,
Power Plants ,
Securities and Exchange Commission (SEC) ,
Sustainability ,
Tax Credits
The U.S. Federal Highway Administration's ("FHWA") new rule establishing a performance-based method for measuring greenhouse gas ("GHG") emissions that are associated with transportation on the National Highway System was...more
On April 10, 2024, the U.S. Environmental Protection Agency ("EPA") filed a complaint for civil penalties against USA Wholesale, Inc. for the illegal import of hydrofluorocarbons ("HFCs"). HFCs are greenhouse gases used...more
Vermont passed a first-of-its-kind law requiring energy companies to pay for part of the damages from extreme weather events, but the law likely will face legal challenges....more
6/10/2024
/ Climate Change ,
Corporate Counsel ,
Corporate Liability ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Infrastructure ,
National Emissions Standards ,
New Legislation ,
New Regulations ,
Oil & Gas ,
Regulatory Requirements ,
Severe Weather ,
Superfund ,
Vermont
On April 22, 2024, the U.S. government issued a final rule ("Rule") to restructure and update the Federal Acquisition Regulation ("FAR") to implement a requirement for agencies to procure sustainable products and services to...more
5/7/2024
/ Biden Administration ,
Climate Change ,
Corporate Counsel ,
ENERGY STAR Program ,
Environmental Protection Agency (EPA) ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Goods or Services ,
Greenhouse Gas Emissions ,
Procurement Guidelines ,
Sustainability
The U.S. Securities and Exchange Commission has adopted much anticipated climate-related disclosure rules....more
3/18/2024
/ Climate Change ,
Disclosure Requirements ,
Emissions Trading System ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Federal Highway Administration ,
Financial Institutions ,
Green Buildings ,
Green Energy ,
Green Infrastructure ,
Greenhouse Gas Emissions ,
Greenwashing ,
Proposed Rules ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
UK