The Legal and Practical Challenges of California's Advanced Clean Fleets Regulation
As the January 1, 2026, deadline to make the first required disclosure under California’s landmark climate laws approaches, the California Air Resources Board (CARB) has announced that it will host another virtual public...more
On August 7, 2025, the California Air Resources Board (CARB) announced that it will hold a virtual public workshop on Thursday, August 21, 2025, from 9:30 a.m. to 12:30 p.m. Pacific Time “to support the development of...more
On June 27, 2025, the California Office of Administrative Law (OAL) approved the amended Low Carbon Fuel Standard (LCFS) Regulation, submitted by the California Air Resources Board (CARB) to the OAL on May 16, 2025....more
Supremacy Clause and Dormant Commerce Clause claims against SB 253 and SB 261 were dismissed, while claims under the First Amendment proceed to discovery....more
On February 3, 2025, the U.S. District Court for the Central District of California granted a partial motion to dismiss filed by the California Air Resources Board (“CARB”), dismissing the claims that SB 253 (the Climate...more
I recently published a post questioning the legality of the California Air Resources Board's Enforcement Notice. The California legislature charged CARB with the responsibility of implementing SB 253 (Wiener) and SB 261...more
Soon after California passed far-reaching climate legislation last year (referred to herein as SB 253 and SB 261; see our earlier blog post here and here for background), it was challenged in the U.S. District Court for the...more
On September 27, 2024, California Governor Gavin Newsom signed Senate Bill 219 (SB 219) into law, making important changes to California's historic Climate Corporate Data Accountability Act (SB 253) and the Climate‐Related...more
Motor carriers and equipment manufacturers are closely watching federal and California Air Resources Board (CARB) developments in the future of vehicle emissions. The headline has long been that a transition from internal...more
What are the top legal and practical concerns stemming from a key California climate-change initative, its Advanced Clean Fleets (ACF) rule that went into effect in October 2023? This initiative by the California Air...more
On October 7, 2023, Governor Newsom signed into law California Senate Bill 253 (SB 253), the Climate Corporate Data Accountability Act. With the passage of SB 253, California takes the lead in implementing greenhouse gas...more
Two new bills have been passed in California as part of a “Climate Accountability Package” that require US-based companies “doing business”1 in California to make disclosures about their emissions and climate-related...more
This week, the California legislature approved Senate Bill 253, the Climate Corporate Data Accountability Act (SB 253), and Senate Bill 261, Greenhouse gases: climate-related financial risk (SB 261), which are headed to...more
The California Air Resources Board approved its final 2022 Scoping Plan update on December 15, 2022. The plan is the most ambitious in the country in terms of proposed greenhouse gas reduction efforts, chiefly aiming to reach...more
Sen. Joe Manchin’s (D-WV) permitting reform hit the end of the road, failing with a vote of 47-47—however, Senate Democrats and Republicans signaled interest in addressing permitting approval in the new Congress....more
As we reported previously, the California Air Resources Board (CARB) has taken a highly anticipated vote on its final proposed plan for addressing climate change. ...more
California is demonstrating that its promises on climate change are not just hot air; they’re a policy priority for the State that will require groundbreaking action. The California Air Resources Board (CARB) is rolling out...more
[co-author: Kerry Mackenzie and Leila Fleming] The Federal Acquisition Regulatory Council (FAR Council) released a proposed rule that would establish greenhouse gas emissions reporting requirements that would impact...more
[co-author: Leila Fleming] Good evening! This is Akin Gump’s weekly policy newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from this past week and...more
Legislation to “prevent corporate greenwashing” by requiring major companies doing business in California to publicly disclose their scope 1, 2 and 3 greenhouse gas (GHG) emissions has cleared two critical committees....more
[co-author: Leila Fleming] Supreme Court Restricts the EPA’s Authority to Mandate Carbon Emissions Reductions (NPR) - On Thursday, the Supreme Court invoked the “Major Questions Doctrine” in West Virginia v. EPA to...more
The Center for Law, Energy, and the Environment (CLEE) at Berkeley Law last month, in conjunction with the Emmett Institute on Climate Change and the Environment at UCLA Law, issued Driving Equity, a new reportaimed at...more
CARB addresses California’s increasingly severe climate impacts. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update (Draft Scoping Plan) for public review and comment....more
CARB doubles down on LCFS Program and liquid transportation fuels. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update (Draft Scoping Plan) for public review and...more
CARB opts to stay the course on Cap-and-Trade Program. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update for public review and comment. Assembly Bill (AB) 32, the...more