The Maryland Department of the Environment ("MDE") will publish proposed rules limiting greenhouse gas ("GHG") emissions from covered buildings and requiring covered building owners to submit detailed energy performance...more
12/18/2023
/ Benchmarking ,
BEPS ,
Carbon Emissions ,
Climate Change ,
Data Collection ,
ENERGY STAR Program ,
Environmental Policies ,
Greenhouse Gas Emissions ,
Net Zero ,
Property Owners ,
Proposed Rules ,
Public Comment
The Situation: In 2019, Congress amended the Toxic Substances Control Act ("TSCA") to require the Environmental Protection Agency ("EPA") to promulgate a reporting rule on per- and polyfluoroalkyl substances ("PFAS"). EPA...more
12/12/2023
/ Contamination ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Importers ,
Manufacturers ,
PFAS ,
Public Health ,
Regulatory Reform ,
Reporting Requirements ,
Retroactive Application ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA)
The Situation: The Environmental Protection Agency ("EPA") finalized regulations designed to reduce methane emissions from the oil and gas industry by 80% in coming years at both new and existing facilities. The regulations...more
12/12/2023
/ Clean Air Act ,
Congressional Review Act ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Greenhouse Gas Emissions ,
Methane ,
Natural Gas ,
Oil & Gas ,
Regulatory Reform
On November 1, 2023, the Pennsylvania Commonwealth Court held that the rulemaking entering Pennsylvania into the Regional Greenhouse Gas Initiative ("RGGI") violated the state constitution. The decision upends regulatory...more
12/4/2023
/ Cap-and-Trade ,
Energy Policy ,
Environmental Policies ,
Fees ,
Greenhouse Gas Emissions ,
Infrastructure ,
Oil & Gas ,
Pennsylvania ,
Pollution Control ,
Preliminary Injunctions ,
RGGI ,
State and Local Government ,
State Constitutions ,
State Taxes
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
On March 14, 2023, the EPA took a step toward imposing federal limits on certain per- and polyfluoroalkyl substances in drinking water under the Safe Drinking Water Act.
The United States Environmental Protection Agency...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 Short -
The Situation: In 2021, the Biden Administration signaled its intent to replace the 2020 "Navigable Waters Protection Rule," which was vacated by a federal court, with a new definition of "waters of the United...more
REGULATORY ISSUES & UPDATES -
European Taxonomy Regulation Extended to Natural Gas and Nuclear Energy -
The regulation is likely to create new opportunities for natural gas and nuclear energy in the European Union,...more
On April 23, 2022, Pennsylvania became the 12th state to join the Regional Greenhouse Gas Initiative ("RGGI"). Entry into the cap-and-trade program is one of the cornerstones of Governor Tom Wolf's efforts to mitigate carbon...more
REGULATORY ISSUES & UPDATES -
UK Introduces New Climate-Related Disclosure Regulations for UK Companies and LLPs -
The Companies (Strategic Report) (Climate-related Financial Disclosure) Regulations 2022 ("the...more
6/1/2022
/ Biden Administration ,
Climate Action Plan ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Energy Reform ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC)
The delegated regulation includes a new comprehensive and unified reporting methodology to direct investments toward environmentally sustainable economic activities....more
3/1/2022
/ Climate Action Plan ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
EU ,
Greenhouse Gas Emissions ,
Investment ,
Investor State Dispute Settlement (ISDS) ,
Net Zero ,
Real Estate Development ,
Regulatory Reform ,
Taxonomy
Climate Change Regulatory Issues & Updates -
New NEPA Proposed Rule from CEQ Leaves Uncertain How U.S. Federal Agencies Must Assess Climate Change Impacts -
On October 7, 2021, the Council on Environmental Quality...more
11/5/2021
/ Advertising ,
Biden Administration ,
Carbon Emissions ,
CEQ ,
Climate Action Plan ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Marketing ,
NEPA ,
Oil & Gas ,
Regulatory Agenda
On October 7, 2021, the Council on Environmental Quality ("CEQ") published a proposed rule ("Proposed Rule") announcing intentions to modify certain aspects of the National Environmental Policy Act ("NEPA") regulations...more
Climate Change Regulatory Issues & Updates -
European Climate Law Sets a Binding Objective of Climate Neutrality by 2050 -
The recently adopted European Climate Law calls for the necessity to address "the growing...more
7/28/2021
/ Cap-and-Trade ,
Carbon Emissions ,
Climate Change ,
Environmental Policies ,
Fair Dealing Exception ,
Greenhouse Gas Emissions ,
Infrastructure ,
Mineral Leases ,
NEPA ,
Offshore Lease ,
Oil & Gas
On July 13, 2021, Pennsylvania moved closer to joining the Regional Greenhouse Gas Initiative ("RGGI") after receiving approval from the Environmental Quality Board ("EQB"). Joining RGGI has been a centerpiece of Governor Tom...more
The Situation: In a landmark judgment, on 27 May 2021, the Federal Court of Australia ruled in Sharma v Minister for the Environment [2021] FCA 560 (Sharma) that, when deciding whether or not to grant approval to a coal mine...more
Climate Change Regulatory Issues & Updates -
Biden Administration Takes Early Action on Climate Change -
In its first week in office, the Biden Administration took initial steps to meet its ambitious goals to address...more
Range Resources Corporation's 2020 Corporate Sustainability Report describes its industry leadership and commitment to sustainably producing natural gas for this generation and generations to come while prioritizing...more
Climate Change Regulatory Issues & Updates -
EPA Issues Affordable Clean Energy Rule -
The U.S. Environmental Protection Agency ("EPA") issued the Affordable Clean Energy rule on July 8 to repeal the Clean Power Plan...more
Climate Change Regulatory Issues & Updates -
Green New Deal—The Next Phase of America's Climate Change Debate -
The Green New Deal resolution, introduced in February to both houses of the U.S. Congress, signifies a...more
The Situation: Proposed resolutions in Congress and an injunction request in a Ninth Circuit case both seek significant reductions in fossil fuel use throughout the economy.
The Result: In the near term, it is easy to...more
3/15/2019
/ Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Energy Policy ,
Environmental Policies ,
Fossil Fuel ,
Green New Deal ,
Greenhouse Gas Emissions ,
Legislative Agendas ,
Oil & Gas ,
Proposed Legislation ,
Public Trust Doctrine
Climate Change Regulatory Issues & Updates -
California Air Resources Board Amends Cap-and-Trade Regulations -
On December 13, 2018, the California Air Resources Board ("CARB") adopted amendments to California's...more
Climate Change Regulatory Issues & Updates -
Comment Period Ending on EPA's Affordable Clean Energy Proposal -
A 60-day public comment period on the Affordable Clean Energy rule to replace the Obama Administration's...more