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IRS and Treasury Issue Guidance on Section 40B Sustainable Aviation Fuel Credit

Section 40B of the Internal Revenue Code of 1986 (the “Code”) enacted by the Inflation Reduction Act of 2022 (the “IRA”) provides credits for each gallon of sustainable aviation fuel (“SAF”) sold or used by a taxpayer before...more

EPA Sets Final Volumes for Renewable Fuel Standards Program for 2020, 2021, and 2022

After a two-year delay, on June 3, 2022, the U.S. Environmental Protection Agency (“EPA”) signed and submitted for publication in the Federal Register its final rule for setting renewable fuel percentage standards under the...more

US EPA Releases Guidance on Legal Tools to Advance Environmental Justice

On May 26, 2022, the Environmental Protection Agency’s Office of the General Counsel released EPA Legal Tools to Advance Environmental Justice (“EJ Legal Tools”). The document builds on and updates EPA’s 2011 Plan EJ 2014:...more

EPA's Reconsideration of Ethylene Oxide Under the Clean Air Act - A Sign of Future Chemicals Policy to Come?

On January 25, 2022, the U.S. Environmental Protection Agency (“EPA”) reaffirmed its interpretation of ethylene oxide (“EtO”) requirements which may signal EPA’s increased scrutiny of chemical emissions generally and the...more

EPA Proposes to Cut 2020 and 2021 Volumes for the Renewable Fuel Standards Program, While Aiming to Increase 2022 Volumes

On December 7, 2021, the U.S. Environmental Protection Agency (“EPA”) signed and submitted for publication in the Federal Register its proposed rule for setting renewable fuel percentage standards. The proposed rule sets the...more

US EPA Issues Draft Strategic Plan

Emphasis on Environmental Justice and Climate Change - The EPA's draft Strategic Plan provides the key to understanding the agency's priority goals and initiatives, including Climate Change and Environmental Justice...more

EPA Submitted Proposed Renewable Fuel Standards to OMB

On August 26, 2021, the Environmental Protection Agency (“EPA”) sent its proposed rule for setting renewable fuel percentage standards to the Office of Management and Budget (“OMB”) for review. The proposed rule is expected...more

Environmental Justice Rises to the Forefront of EPA Policy

EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives - With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more

EPA Updates Its Vehicle and Engine Tampering & Aftermarket Defeat Device Enforcement Policy

The updates attempt to provide more clarity for modern vehicles and parts - On November 23, 2020, the U.S. Environmental Protection Agency (“EPA”) updated its policy for enforcement of vehicle and engine tampering and...more

California Environmental Enforcement Changes Under COVID-19

California' Policy Is Less Specific and Stricter than the EPA Policy - California has issued a new policy providing limited relief for regulated parties from their environmental compliance and reporting obligations...more

EPA and NHTSA Take Regulatory Action to Revoke California Authority to Regulate Greenhouse Gas Emissions

Action May Have Far-Reaching Impacts - Today, the Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) announced a joint rule intended to substantially affect...more

EPA Seeks Public Comment on Re-Opened Midterm Review of MY 2022-2025 Greenhouse Gas Standards and MY 2021 Standards

On August 21, 2017, the U.S. Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) published a joint notice in the Federal Register requesting public comment on EPA’s...more

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