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
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
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
[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
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
The Draft 2022 Scoping Plan Update takes an all-of-the-above approach to decarbonize California. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update for public review...more
The California Air Resources Board ("CARB") is conducting public workshops during the fall of 2021 as part of its planning for the next Climate Change Scoping Plan, which will lay out strategies for achieving California's...more
This past summer, we have seen the risks of climate change manifest worldwide in the form of rising sea levels, severe droughts, massive wildfires, devastating floods, extreme heat, and other ecological disasters. Fifteen...more
Bay Area air quality regulators adopt stringent refinery particulate emissions standard - Reuters – July 21 - The governing board of the Bay Area Air Quality Management District (District) on Wednesday adopted...more
U.S. formally exits Paris Climate Agreement - Bullet Associated Press – November 4 - The United States this Wednesday formally left the Paris Climate Agreement, a global pact it helped forge five years ago during the...more
Air Resources Board mandates big increase in zero-emission trucks - Bullet Los Angeles Times – June 25 - The California Air Resources Board (CARB) last week approved the nation’s toughest clean-air mandate on trucks,...more
ACEEE highlights 10 building energy performance standards to help meet climate goals - Bullet Utility Dive – June 24 - The American Council for an Energy-Efficient Economy (ACEEE) released a white paper this Monday...more