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COP28: Takeaways for Businesses and Investors

The 28th United Nations (U.N.) Climate Change Conference of the Parties (COP28) wrapped up in Dubai in mid-December 2023. This Article summarizes key takeaways and describes the potential implications for businesses and...more

California Enacts Broad Climate Disclosure Laws

California Governor Gavin Newsom signed two climate disclosure bills into law on October 7, 2023. They will impose significant reporting obligations on thousands of companies doing business in California. SB 253, the Climate...more

New Rules for Climate Commitment Act Designed To Rein in Compliance Costs

The Washington Department of Ecology (Ecology) recently announced rulemaking intended to clarify a key cost containment provision of the Climate Commitment Act (CCA), the state’s carbon emissions cap-and-trade program. The...more

Washington State Implements Major Programs To Reach Climate Goals

Two climate-related regulatory programs affecting business and industry in Washington state took effect on January 1, 2023. First, the Climate Commitment Act introduces an economywide emissions cap-and-invest program. Second,...more

COP27: Four Takeaways for Business Leaders

The 27th United Nations Climate Change Conference of the Parties (COP27) was held in Sharm el-Sheikh, Egypt, in November 2020. While much was discussed, there are four takeaways that may be of greatest interest to business...more

West Virginia v. EPA Curtails Federal Climate Action

The U.S. Supreme Court’s recent decision in West Virginia v. Environmental Protection Agency (EPA) curtailed the agency’s authority to regulate emissions from power plants through rules shifting electricity generation from...more

COP26: Corporate Impacts and Opportunities

The 26th United Nations Climate Change Conference of the Parties (COP26), wrapped up earlier this month in Glasgow, Scotland, after two weeks of negotiations. While attention was focused on national pledges to reduce...more

Greenhouse Gas Emissions Cap-and-Trade Program Enacted by Washington Legislature

The Washington Legislature passed Senate Bill 5126, the Climate Commitment Act, on April 24, 2021, which establishes a greenhouse gas emissions cap-and-invest program for utilities, industrial facilities, and other operations...more

Washington Law Seeks to Reduce Greenhouse Gas Emissions by Cutting the Carbon Intensity of Transportation Fuel

The Washington Legislature passed House Bill 1091, which directs the Washington State Department of Ecology (Ecology) to adopt rules establishing a Clean Fuels Program to limit the aggregate, overall greenhouse gas emissions...more

Climate Change Takes Center Stage at the SEC

Over the past few weeks, the U.S. Securities and Exchange Commission has taken several actions that put climate change front and center, reflecting the importance to many investors of climate change related disclosures. In...more

EPA Issues Guidance on Site Field Work During COVID-19 Pandemic

The U.S. Environmental Protection Agency (EPA) on April 10, 2020, issued interim guidance regarding field work at contaminated sites. When deciding whether to continue on-site cleanup and emergency action construction...more

Washington Pollution Control Hearings Board Rules Ecology Exceeded its Authority Under CWA, Invalidates NPDES Permit Condition

Washington state’s Pollution Control Hearings Board (PCHB) ruled on February 26 that the Washington Department of Ecology (Ecology) exceeded its Clean Water Act (CWA) authority by inserting a permit condition in the Aquatic...more

Washington Supreme Court Invalidates Indirect Emitter Portions of the Clean Air Rule

In a split decision issued on January 16, the Washington State Supreme Court ruled that the Department of Ecology (Ecology) lacks authority under the state’s Clean Air Act (the act) to cap greenhouse gas emissions from...more

Washington State Legislature Increases Hazardous Substance Tax, Providing Additional Funds to Address Contaminated Sites

In the waning hours of the 2019 session, the Washington Legislature narrowly passed SB 5993, which increases the tax on petroleum that primarily funds the state’s contaminated site cleanup program, protects the funds from...more

Washington Supreme Court Narrows “Owner or Operator” Liability, Exempts DNR From Cleanup Law Liability

In a decision issued last month, the Washington Supreme Court narrowed “owner or operator” liability under the Model Toxics Control Act, RCW 70.105D (MTCA). In Pope Resources, LP v. Wash. Dept. of Natural Resources, the court...more

Potential Expansion of MTCA to More Owners/Operators of Contaminated Properties in Washington

The Washington State Court of Appeals recently held the Department of Natural Resources (DNR) liable as an operator or owner of a contaminated site under the Model Toxics Control Act, RCW 70.105D (MTCA), in Pope Resources, LP...more

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