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"
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
In a significant development for environmental law and state autonomy, the Supreme Court of the United States (SCOTUS) recently declined to review whether the U.S. Environmental Protection Agency (EPA) has the authority to...more
On October 11, 2024, the Environmental Protection Agency (EPA) published its latest rule in a suite of measures to address hydrofluorocarbons (HFCs) under the American Innovation and Manufacturing (AIM) Act....more
The U.S. Environmental Protection Agency (EPA) has finalized regulations impacting a large swath of refrigeration and cooling equipment industries. The new regulations are the most recent EPA action addressing the use of...more
On September 4, 2024, the New Mexico Environment Department’s Air Quality Bureau (AQB) updated its Civil Penalty Policy, making several key changes to its assessment of civil penalties and administrative compliance costs in...more
This week, we discuss the first settlement between a state and a group of young plaintiffs who claimed that their government’s inadequate climate policies violated their constitutional right to a healthy environment. We...more
The ACOEL webpage “About Us” states that we are to be “Advocates for environmental law and process for a better environmental future.” Allow me to throw down this gauntlet to Members: What “better environmental future” is the...more
On April 25, 2024, the Environmental Protection Agency ("EPA") finalized four rules to regulate pollution from fossil fuel-fired power plants. EPA's stated goal was to provide a framework on which power plants can rely for...more
On April 25, 2024, the Environmental Protection Agency (EPA) signed four final rules representing multi-media regulation (air, water, waste, climate) for the utility sector. Individually, each rule would have been notable for...more
Following discussions during the 81st meeting of the Marine Environment Protection Committee (MEPC 81), which took place March 18–22, 2024, member states of the International Maritime Organization (IMO) agreed on a draft...more
On July 25, 2023, Representative Ted Lieu and 19 other Democratic lawmakers from the U.S. House of Representatives and Senate sent a letter to U.S. Attorney General Merrick Garland, requesting that the Department of Justice...more
The European Commission has launched a public consultation and a call for evidence seeking opinions on the EU’s intermediary climate targets for 2040. This is a scheduled step in the EU’s ambition to reach net-zero emissions...more
The City of Boston is advancing three companion regulatory efforts to reduce greenhouse gas emissions for medium-sized and large buildings. As addressed in our 2021 advisory, the Boston Emissions Reduction and Disclosure...more
The United States Environmental Protection Agency (“EPA”) issued an August 2022 Enforcement Alert (“EA”) titled: Stationary Engines Cause Excess Emissions in Communities Across the Country...more
Despite California’s most recent, two-year legislative session ending on September 1 with a flurry of new bills aimed at fighting global warming getting passed, one noticeable bill failed to pass on the last day. Senator...more
The Inflation Reduction Act of 2022 (IRA) reflects the Biden Administration’s attention to issues of environmental justice and environmental equity. The IRA, directly and indirectly, invests in environmentally overburdened...more
What Happened: West Virginia v. EPA - In West Virginia v. EPA, the Supreme Court ruled in favor of Jones Day client, the North American Coal Corporation, and determined that the EPA did not have clear authorization from...more
On June 30, 2022, the United States Supreme Court issued its long-awaited decision in West Virginia v. EPA, a case challenging the scope of the United States Environmental Protection Agency’s (“EPA’s”) authority to regulate...more
The US Supreme Court’s recent invalidation of the Obama-era Clean Power Plan under the “major questions” doctrine could make it more difficult for the Environmental Protection Agency to craft a similar regulation in the...more
The U.S. Supreme Court rejected the U.S. Environmental Protection Agency’s (EPA) ability to regulate greenhouse gas emissions based on shifting from existing generation sources under Section 111(d) of the Clean Air Act (CAA)....more
On June 29, 2022, the U.S. Supreme Court ruled that an arcane portion of the Clean Air Act (“CAA”), infrequently used by the EPA, could not serve as appropriate delegation of legislative authority to regulate greenhouse gas....more
As part of its legislative arsenal to combat climate change, France adopted the Climate and Resilience Law on August 22, 2021 ("Climate Law"), providing for a large number of binding measures against greenhouse gas ("GHG")...more
On March 10, 2022, the European Commission ("the Commission") adopted a decision on the award of grants under the Innovation Fund ("the Fund"). A total of seven projects obtained a grant after a first call for large-scale...more
On March 29, 2022, the Minister of Environment and Climate Change, supported by Prime Minister Justin Trudeau, tabled Canada’s new 2030 Emissions Reduction Plan (the “Plan”). The Plan describes the existing and new measures...more
Proposed legislation currently in the California Senate seeking to impose new reporting requirements for emissions arrives as the U.S. Securities and Exchange Commission (SEC) is considering climate-related public company...more