The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Grants a two-year exemption from the EPA's updated Mercury and Air Toxics Standards (MATS) rule for certain stationary sources, citing the lack of commercially viable emissions-control technology needed to meet the rule’s...more
In what it called “the greatest and most consequential day of deregulation in U.S. history,” the Environmental Protection Agency (EPA) announced its most expansive deregulatory initiative to date on March 12, 2025. Through a...more
The new administrator of the Environmental Protection Agency, Lee Zeldin, announced March 12 the agency would be rolling back 31 key environmental provisions that regulate air pollution, water protections, and the energy...more
The Environmental Protection Information Center and Humboldt Coalition for Clean Energy (collectively, “EPIC”) filed a January 3rd Title V Petition to Object (“Petition”) before the United States Environmental Protection...more
The Biden-Harris Administration recently issued a suite of new rules aimed at addressing water and air quality, reducing methane emissions, protecting environmental justice communities, and accelerating the nation’s...more
On April 25, 2024, the Environmental Protection Agency (EPA) released a set of rules aimed at cutting air, water, and land pollution from fossil fuel-fired plants. The rules would require existing coal-fired and new gas-fired...more
Introduction - The United States Environmental Protection Agency (EPA) recently finalized four separate rules (Power Plant Rules) that set new standards for power plant emissions in the United States. Collectively, these...more
A coalition of 20 Democratic AGs filed a motion to intervene in defense of the EPA’s Oil and Gas Methane Rule in a lawsuit filed by 25 Republican AGs who challenge the rule. In their motion, the Democratic AGs assert that the...more
The Subcommittee on Environment, Manufacturing, and Critical Materials of the United States House of Representatives Energy & Commerce Committee (“Committee”) held a November 29th hearing titled: America Leads the Way: Our...more
On November 16, 2022, the California Air Resources Board (“CARB”) released its final proposed 2022 Scoping Plan Update, which provides a comprehensive roadmap to reduce the state’s dependence on fossil fuels, cut air...more
Many have characterized West Virginia v. EPA as a decision depriving EPA of an important tool to address climate change under the Clean Air Act. The decision is better viewed as steering EPA away from a flawed regulatory...more
Although ethanol is one of the earliest biotechnologies, it wasn’t until the energy crisis of the 1970s that ethanol was widely used as an additive to gasoline. Back then, concerns about the price of fuel and the impact of...more
On March 29, 2022, the Government of Canada released the first of a series of emissions reduction plans, entitled "2030 Emissions Reduction Plan – Canada's Next Steps for Clean Air and a Strong Economy" (the ERP) under the...more
The Biden Administration has pledged to put the nation on track to achieve carbon neutrality by 2050 and simultaneously to promote environmental justice. Both goals are achievable and, indeed, are complementary. Their...more
On March 5, 2021, the federal government released draft Greenhouse Gas Offset Credit System Regulations (Draft Regulations), providing some clarity as to how federal offsets will be created, tracked and ultimately used to...more
On January 14, 2021, Colorado published its Greenhouse Gas Pollution Reduction Roadmap, representing the most substantive planning process the state has ever undertaken on climate leadership, pollution reduction and clean...more
On his first day in office on January 20, 2021, President Biden signed an Executive Order titled, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” (the Order). The Order...more
The Earth’s climate is changing. With unprecedented fires in California and the State’s litigation with the federal government, the Brazilian rainforest fires, and the aircraft industry’s inability to curb aircraft emissions,...more
On July 16, 2020, Environment and Climate Change Canada (ECCC) released its Strategic Assessment of Climate Change (SACC). The SACC provides detailed guidance to those project proponents required to assess climate change...more
CARB Finalizes Amendments to At-Berth Vessel Rules - On August 27, 2020, the California Air Resources Board (CARB) adopted new emission reductions requirements for At-Berth Vessels. These regulations will require...more
CARB Developing Revisions to Commercial Harbor Craft Regulations - The California Air Resources Board (CARB) is in the process of developing revisions to regulations that are applicable to commercial harbor craft in...more
U.S. Government’s Continued Focus on Large Ship Air Emissions - The U.S. Environmental Protection Agency (“EPA”) and the U.S. Coast Guard (“USCG”) continue to signal interest in addressing air pollution from large ships...more
CARB Holds Public Workshops to Develop Measures to Reduce Railyard and Locomotive Emissions - The California Air Resources Board (CARB) recently held a series of public meetings and workshops to develop concepts to reduce...more
An EIR that did not squarely respond to detailed comments recommending additional mitigation measures has been held not to comply with CEQA. Covington v. Greater Basin., 3d Dist. Court of Appeal Case No. C080342 (certified...more
CARB Continuing Roll-Out of Revised Regulations to Reduce Emissions from Ocean-Going Vessels in California Ports - On December 5, 2019, the California Air Resources Board (CARB) will hold a public hearing in Oakland,...more