For decades, California has been granted unique deference in setting Clean Air Act (CAA) emissions limitations for California-sold vehicles through use of a state-specific waiver....more
For decades, regulators have tried to quantify harm related to emissions, including the “social cost of carbon” (SCC), but that approach has now changed. The Trump Administration recently released a memorandum seeking to...more
The full scope of the Trump Administration’s deregulatory efforts in the environmental space was recently made clear with a series of announcements from US Environmental Protection Agency (EPA) Administrator Lee Zeldin....more
State governments increasingly engage on climate issues. In search of a new source of funding for hundreds of billions of dollars in anticipated climate adaptation costs, a recent New York state law could impose $75 billion...more
Proponents of more comprehensive climate regulations who are frustrated by the federal government have increasingly turned their attention to state litigation....more
There is significant potential that the Congressional Review Act (CRA) will play a prominent role in the early weeks of the Trump Administration. Below, we will break down what the CRA is, when it applies, and how it may be...more
With terms like “net zero” and “carbon positive” proliferating in marketing jargon across industries, the US Department of Energy (DOE) has recently stepped in to clarify what constitutes a “zero emissions” building....more
Governments are increasingly discussing climate change, including resilience to climate impacts and how to promote the energy transition. Less common are governmental commitments to take concrete steps to address climate...more
Below, we break down three recent decisions and explain why the regulated community should pay attention to them: the first from the Southern District of New York in City of New York v. Exxon Mobil Corporation; the second...more
5/24/2024
/ Climate Change ,
Corporate Counsel ,
Denial of Certiorari ,
Environmental Social & Governance (ESG) ,
False Advertising ,
Greenhouse Gas Emissions ,
Greenwashing ,
Human Rights ,
New York ,
Regulatory Agenda ,
SCOTUS ,
Sustainability ,
United Nations Convention on the Law of the Sea (UNCLOS)
Historically, regulations under the federal Clean Air Act (CAA) and related state laws divided the world into “stationary” and “non-stationary sources.” “Stationary sources” included facilities like power plants and factories...more
2/7/2024
/ Clean Air Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Motor Vehicles ,
National Emissions Standards ,
Proposed Legislation ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Warehouses
The regulated community faces a complex and evolving landscape. As we head into 2024, our team of energy, environmental, and environmental, social, and governance (ESG) attorneys provide insights and guidance on how to...more
12/14/2023
/ CERCLA ,
Chevron Deference ,
Divestment ,
Energy Sector ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
NAAQS ,
Petrochemicals ,
PFAS ,
Plastics ,
Public Disclosure ,
Recycling ,
Reporting Requirements ,
Safe Drinking Water Act ,
Securities and Exchange Commission (SEC)
A recent Supreme Court of the State of Hawaii decision permitted climate-related claims against major petroleum and gas companies to proceed toward trial.
The decision in City and County of Honolulu v. Sunoco LP allows...more
11/16/2023
/ Business Litigation ,
Clean Air Act ,
Climate Change ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Infrastructure ,
Misleading Statements ,
NGOs ,
Oil & Gas ,
Petroleum ,
Power Purchase Agreements ,
Public Utility ,
SCOTUS
A group of Delta Air Lines’ customers filed a class action suit alleging that the airline’s marketing claims of carbon neutrality are false and misleading. While this may be the first greenwashing case filed against a major...more
Executive branch priorities are clearly set out in agency budget requests. While the amount budgeted generally changes when Congress has its say, the original request provides unique insight into how agencies perceive what...more
3/22/2023
/ Anti-Discrimination Policies ,
Budgets ,
Civil Rights Act ,
Clean Air Act ,
Climate Change ,
Compliance ,
Drinking Water ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
SCOTUS ,
West Virginia v EPA
What will happen in the environmental and energy space in 2023? The last year saw transformative changes in the environmental and energy space in the form of historic spending through the federal Inflation Reduction Act, a...more
12/15/2022
/ CERCLA ,
Clean Water Act ,
Climate Change ,
Dodd-Frank ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Federal Acquisition Regulations (FAR) ,
General Services Administration (GSA) ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
Inflation Reduction Act (IRA) ,
NGOs ,
PFAS ,
Popular ,
Sackett ,
SCOTUS ,
Securities and Exchange Commission (SEC)
US environmental policy changes tend to occur at a glacial pace, particularly at the federal level. Frustrated with the pace of change, environmental non-governmental organizations (NGOs) and state regulators are increasingly...more
12/12/2022
/ Compliance ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Greenhouse Gas Emissions ,
Greenwashing ,
NGOs ,
Petrochemicals ,
Plastics ,
Sustainability ,
Transparency
As part of the Illinois Commerce Commission’s (ICC) ongoing effort to draft a Renewable Energy Access Plan, ICC staff is considering methods to encourage transmission development across the state. The draft Plan may influence...more
The Inflation Reduction Act of 2022 (IRA) reflects the Biden Administration’s attention to issues of environmental justice and environmental equity. The IRA, directly and indirectly, invests in environmentally overburdened...more
8/23/2022
/ Air Pollution ,
Biden Administration ,
Clean Air Act ,
Clean Energy ,
Climate Change ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
HUD ,
Inflation Reduction Act (IRA) ,
Investment ,
Pollution Control ,
Superfund
US Senate Democrats Chuck Schumer and Joe Manchin reached a compromise on the fiscal year 2022 budget reconciliation that includes $369 billion in new spending to spur clean energy and technology over the next decade. The...more
One of the US Supreme Court’s final opinions this term addressed US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) under the federal Clean Air Act (CAA). The decision in West Virginia v...more