Incoming: Mandatory Climate Risk Disclosures in Australia -
The Climate-Related Financial Disclosure Consultation Paper proposes that, commencing with the 2024/2025 financial year, large, listed entities and large...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
The Federal Trade Commission ("FTC") is soliciting comments regarding the efficiency, costs, benefits, and regulatory impact of its Guides for the Use of Environmental Marketing Claims ("Green Guides")....more
California Enacts Sweeping Climate Measures -
On September 16, 2022, California Governor Gavin Newsom signed a broad legislative package into law that aims to aggressively address climate change. The material aspects of...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
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 August 31, 2021, a federal district court in Missouri v. Biden, 4:21-cv-00287, 2021 WL 3885590 (E.D. Mo. 2021), dismissed a suit brought by the State of Missouri and 12 other states, challenging President Biden's Executive...more
11/5/2021
/ Biden Administration ,
Carbon Emissions ,
Climate Action Plan ,
Climate Change ,
Cost Allocation ,
Dismissals ,
Executive Orders ,
Greenhouse Gas Emissions ,
Methane ,
Regulatory Agenda ,
Regulatory Reform ,
Social Justice Issues ,
Working Groups
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
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 -
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