The Environmental Protection Agency ("EPA") proposed a rule that would rescind the 2009 Endangerment Finding, citing a new interpretation of the relevant section in the Clean Air Act ("CAA"), a lack of clear congressional...more
The U.S. Environmental Protection Agency ("EPA") proposes rescission of the 2009 Endangerment Finding, which underpins greenhouse gas regulation under the Clean Air Act....more
8/1/2025
/ Automotive Industry ,
Clean Air Act ,
Climate Change ,
Comment Period ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Motor Vehicles ,
NPRM ,
Proposed Rules ,
Public Health ,
Regulatory Agenda ,
Rulemaking Process ,
Statutory Interpretation ,
Transportation Industry ,
Trump Administration
With President Trump's July 23, 2025, executive order, “Accelerating Federal Permitting of Data Center Infrastructure,” and Pennsylvania Governor Shapiro's prior executive order, “PA Permit Fast Track Program,” efforts are...more
On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") announced a proposed rule to repeal key amendments to the 2024 Mercury and Air Toxics Standards ("MATS") for coal- and oil-fired electric utility steam...more
6/23/2025
/ Air Pollution ,
Clean Air Act ,
Coal Industry ,
Comment Period ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Infrastructure ,
MATS ,
Mercury ,
National Emissions Standards ,
Oil & Gas ,
Power Plants ,
Proposed Rules ,
Public Health ,
Regulatory Agenda ,
Regulatory Reform ,
Toxic Exposure ,
Trump Administration ,
Utilities Sector
On June 11, 2025, the U.S. Environmental Protection Agency ("EPA") issued a proposed rule to repeal all greenhouse gas ("GHG") emissions standards for fossil fuel-fired electric generating units ("EGUs") under § 111 of the...more
6/20/2025
/ Clean Air Act ,
Comment Period ,
Deregulation ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Infrastructure ,
Power Plants ,
Proposed Rules ,
Regulatory Reform ,
Regulatory Requirements
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
The U.S. Environmental Protection Agency ("EPA") announced it would reconsider the 2024 Risk Management Program ("RMP") rule....more
4/1/2025
/ Biden Administration ,
Deregulation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
National Security ,
Oil & Gas ,
Popular ,
Proposed Rules ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
Rulemaking Process ,
Trump Administration
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
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
The Biden administration's rule requiring the payment of a fee for methane emissions has effectively been rescinded, although, for now at least, the statutory provision imposing the fee remains in effect along with other...more
3/18/2025
/ Biden Administration ,
Clean Air Act ,
Climate Change ,
Deregulation ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Joint Resolutions ,
Methane ,
Regulatory Reform ,
Trump Administration
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
On September 23, 2024, the U.S. Environmental Protection Agency ("EPA") announced a final rule under the American Innovation and Manufacturing Act of 2020 ("AIM Act") establishing a new program overseeing hydrofluorocarbons...more
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
On July 22, 2024, U.S. Senators Joe Manchin (I-WV) and John Barrasso (R-WY) released a long-awaited energy permitting reform bill, which aims to accelerate the permitting process for critical energy, mineral, and related...more
7/26/2024
/ Energy Policy ,
Energy Projects ,
Energy Reform ,
FERC ,
Infrastructure ,
Judicial Review ,
Liquid Natural Gas ,
Natural Gas ,
Oil & Gas ,
Power Plants ,
Proposed Legislation ,
Regulatory Agenda ,
Statute of Limitations
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
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
The Situation: The United States Environmental Protection Agency ("EPA") was required to overhaul the greenhouse gas reporting requirements for the petroleum and natural gas industry by the Inflation Reduction Act ("IRA") in...more
On April 19, 2024, EPA announced its highly anticipated final rule designating two polyfluoroalkyl substances ("PFAS")—perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS")—as "hazardous substances" under...more
4/22/2024
/ CERCLA ,
Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Groundwater ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
Superfund ,
Toxic Chemicals ,
Toxic Exposure
On April 10, 2024, the U.S. Environmental Protection Agency ("EPA") announced its highly anticipated final National Drinking Water Regulation ("NPDWR") for six per-and polyfluoroalkyl substances ("PFAS"), which establishes...more