REGULATORY ISSUES & UPDATES -
Mandatory Climate Change Reporting Requirements Under the New European ESRS E1 -
The implementation of the European Sustainability Reporting Standards poses risks for reporting companies,...more
12/5/2023
/ Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Data Protection ,
Disclosure Requirements ,
Environmental Protection Agency (EPA) ,
EU ,
European Commission ,
Federal Agency Taskforce ,
Green Initiatives ,
Greenhouse Gas Emissions ,
NEPA ,
Net Zero ,
Reporting Requirements ,
Risk Management ,
SFDR ,
State and Local Government ,
Sustainability ,
Taxonomy ,
U.S. Treasury ,
UK
On September 28, 2023, the United States Environmental Protection Agency ("EPA") Office of Enforcement and Compliance Assurance ("OECA") released a memorandum announcing its new Climate Enforcement and Compliance Strategy....more
12/4/2023
/ CERCLA ,
Clean Water Act ,
Climate Action Plan ,
Climate Change ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
OECA ,
Pollution Control ,
RCRA ,
Renewable Fuel ,
Renewable Fuel Standard
Several recent proposals impacting implementation of the National Environmental Policy Act ("NEPA") demonstrate a renewed focus on considering climate change in federal decision-making. In July, the Council on Environmental...more
REGULATORY ISSUES & UPDATES -
New CFTC Enforcement on Carbon Markets Misconduct -
The U.S. CFTC publishes a rare alert soliciting tips about potential manipulation in the carbon markets and announces the formation of...more
8/18/2023
/ Airlines ,
CARB ,
CFTC ,
Climate Change ,
Environmental Protection Agency (EPA) ,
EU ,
Greenhouse Gas Emissions ,
Greenwashing ,
HFC Emissions ,
Shareholder Litigation ,
UK
On June 20, 2023, the United States Court of Appeals for the District of Columbia Circuit, in Heating, Air Conditioning & Refrigeration Distributors Int'l v. Envtl. Prot. Agency, No. 21-1251, (D.C. Cir. June 20, 2023),...more
8/16/2023
/ Clean Air Act ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Greenhouse Gas Emissions ,
HFC Emissions ,
Notice and Comment ,
Ozone ,
Supreme Court of Appeal ,
Tracking Systems
"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
In Short -
The Situation: Commercial policyholders are increasingly being targeted by climate change lawsuits alleging that greenhouse gas emissions from their normal operations—and the alleged failure to take...more
In Short -
The Situation: The Environmental Protection Agency ("EPA") has issued proposed rules to limit carbon dioxide ("CO2") emissions from fossil fuel-fired power plants (the "Proposed Rules")....more
Since 2017, a laundry list of state and local governments have sued energy companies in state court seeking damages and other relief to remedy the effects of global climate change. These climate change lawsuits allege that...more
The Environmental Protection Agency ("EPA") is proposing stringent carbon dioxide emissions standards for coal- and gas-fired power plants....more
Incoming: Mandatory Climate Risk Disclosures in Australia -
The Climate-Related Financial Disclosure Consultation Paper proposes that, commencing with the 2024/2025 financial year, large, listed entities and large...more
On December 26, 2022, in Air Products v. Livingston Parish, the U.S. District Court for the Middle District of Louisiana granted Air Products Blue Energy, LLC's motion for a preliminary injunction prohibiting the enforcement...more
In December 2022, the United States Court of Appeals for the Fourth Circuit denied an appeal by environmental groups to revive their challenge to the 2020 amendments to the Council on Environmental Quality's ("CEQ") National...more
In 2015, the U.S. Environmental Protection Agency ("EPA") adopted the Clean Power Plan ("CPP") pursuant to Clean Air Act ("CAA") Section 111. The CPP set out guidelines to help states develop individual plans to limit carbon...more
In its first week in office, the Biden Administration took initial steps to meet its ambitious goals to address climate change. These steps are contained in a January 20, 2021, executive order (the "Day One Order"), a January...more
3/1/2021
/ Affordable Clean Energy (ACE) Rule ,
Biden Administration ,
CEQ ,
Climate Change ,
Department of Justice (DOJ) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
NEPA ,
Paris Agreement ,
Regulatory Agenda
The Situation: In what may have further muddied the waters of the viability of the recent U.S.-filed state law climate change litigation against industry, a second federal court in San Francisco has granted remand of three of...more