The Situation: The Inflation Reduction Act ("IRA") requires the U.S Environmental Protection Agency ("EPA") to finalize new greenhouse gas reporting rules for the petroleum and natural gas industry based on "empirical...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
In Short -
The Development: On May 25, 2023, the United States Supreme Court issued its decision inSackett v. EPA, providing new insight into whether wetlands qualify as "waters of the United States" subject to regulation...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
The proposal would also make per- and polyfluoroalkyl substances ("PFAS") and certain persistent, bioaccumulative, and toxic chemical substances ("PBTs") ineligible for exemptions available under the Toxic Substances Control...more
The Environmental Protection Agency ("EPA") is proposing stringent carbon dioxide emissions standards for coal- and gas-fired power plants....more
The Advance Notice of Proposed Rulemaking ("ANPRM") addresses seven per- and polyfluoroalkyl substances ("PFAS"), including PFBS and GenX. ...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 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
In Short -
The Situation: The Inflation Reduction Act ("IRA") imposes a charge on excess methane emissions from designated petroleum and natural gas facilities beginning January 1, 2024....more
Partner Jane Borthwick Story talks about EPA Superfund sites, sorting out a company’s responsibilities related to a cleanup, how previous transactions can relate to liability, and the value of a long-term relationship with...more
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
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
The Situation: The U.S. Supreme Court recently considered, in Atlantic Richfield Co. v. Christian, whether the Comprehensive Environmental Response, Compensation and Recovery Act ("CERCLA") deprives Montana state courts of...more
4/29/2020
/ Approval Requirements ,
Atlantic Richfield Co v Christian ,
CERCLA ,
Clean-Up Costs ,
Contaminated Properties ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Land Owners ,
MT Supreme Court ,
Nuisance ,
Potentially Responsible Party (PRP) ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Site Remediation ,
State Law Claims ,
Strict Liability ,
Trespass
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 -
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
Climate Change Regulatory Issues & Updates -
UK Government Adopts Zero Emission Road Transport Strategy -
On July 9, 2018, the UK Government published "The Road to Zero," a strategy to implement measures to transition...more
8/9/2018
/ Climate Change ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
EU ,
FERC ,
FOIA ,
Greenhouse Gas Emissions ,
Offshore Wind ,
Renewable Energy ,
UK ,
Wind Power ,
Zero-Emission Vehicles
Climate Change Regulatory Issues & Updates -
EPA Releases 2018 Edition of the Greenhouse Gas Emissions Inventory -
A new version of EPA's Greenhouse Gas Emissions Inventory shows a decline in U.S. total net greenhouse...more
5/31/2018
/ Bald and Golden Eagle Protection Act ,
Clean Energy ,
Climate Change ,
Endangered Species Act (ESA) ,
Energy & Climate Debates ,
Energy Efficiency ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
EU ,
Greenhouse Gas Emissions ,
International Trade Commission (ITC) ,
Mexico ,
Migratory Bird Treaty Act (MBTA) ,
National Emissions Standards ,
Power Purchase Agreements ,
Renewable Energy ,
Tariffs ,
Trump Administration
Passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, or "New Toxic Substances Control Act," introduces a number of changes to regulations for the collection and assessment of information concerning...more
10/10/2017
/ Chemical Safety for the 21st Century Act ,
Chemicals ,
Confidential Business Information (CBI) ,
Disclosure Requirements ,
ECHA ,
Environmental Protection Agency (EPA) ,
EU ,
European Commission ,
Final Rules ,
Manufacturers ,
Notification Requirements ,
REACH ,
Risk Assessment ,
Risk Management ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
The Frank R. Lautenberg Chemical Safety for the 21st Century Act was signed into law on June 22, 2016. We previously summarized that bill's key changes to the Toxic Substances Control Act ("TSCA"). This Commentary highlights...more
2/27/2017
/ Chemical Safety for the 21st Century Act ,
Chemicals ,
Confidential Information ,
Environmental Protection Agency (EPA) ,
Health and Safety ,
Manufacturers ,
Prioritization Rule ,
Proposed Rules ,
Public Safety ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)