Podcast - Diamond Alternative Energy, LLC v. EPA: The Intersection of Constitutional and Environmental Law
SCOTUS Clean Air Act Cases: What’s New?
Unpacking California's 2024 Zero Emission Fleet Mandate
West Virginia vs. EPA Part II: U.S. Supreme Court Applies the Major Questions Doctrine to limit EPA Regulatory Authority
[Webinar] Growing Greener: Navigating Environmental Laws in the Cannabis Industry
Nota Bene Episode 101: Catching up with Global Climate Regulation with Nico van Aelstyn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Law Prof: The Clean Air Act Needs a Reboot
On March 13, the Environmental Protection Agency (EPA) announced it would move forward with reconsideration of the Greenhouse Gas Endangerment Finding (Endangerment Finding) as directed in President Trump’s Executive Order...more
In the face of the Trump administration’s hostility toward California’s Clean Air Act waivers in general, CARB withdrew its request to EPA for a waiver for the Advanced Clean Fleets (ACF) regulation on January 13, 2025....more
California’s Air Resources Board (CARB) on Jan. 13 sent a letter to withdraw its request to the Environmental Protection Agency pursuant to Sections 209(b) of the Clean Air Act (CAA) for a federal waiver that would require...more
In his first week in office, President Trump issued a series of executive orders that touched on energy and the environment. These orders are likely to significantly alter the makeup and actions of the executive branch for...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
Welcome to our 11th Issue of Currents 2024, our energy e-newsletter. This will be our last issue of 2024, and we want to sincerely thank you for reading Currents for the past eight years. Our goal is to relay top trending...more
REGULATORY ISSUES & UPDATES - Update on Australia's New Climate-Related Financial Disclosure Regime - Australia's mandatory climate-related financial disclosure regime is inching closer to implementation after the proposed...more
REGULATORY ISSUES & UPDATES - Recent Evolution of the European Regulatory Framework on Greenwashing - Two new Directives adopted by the EU in 2024—the "Empowering Consumers Directive" and the "Green Claims...more
On December 15, 2023, IRS published Notice 2024-06, a brief but important guidance on Section 40B, the Inflation Reduction Act (“IRA”) tax credit for sustainable aviation fuel (“SAF”). The guidance establishes a safe harbor...more
In Short - The Situation: The Environmental Protection Agency ("EPA") has issued proposed rules to limit carbon dioxide ("CO2") emissions from fossil fuel-fired power plants (the "Proposed Rules")....more
On 11 May 2023, the US Environmental Protection Agency (EPA) announced new standards for carbon dioxide (CO2) emissions from new and existing power plants (the Proposed Rule). EPA projects that the rule, if finalized, would...more
After weeks of hints and leaks, yesterday morning (May 11, 2023), EPA proposed a new rule regulating emissions from power plants. The proposed rule would apply to new and existing gas plants and existing coal plants—new coal...more
On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA), sweeping legislation that commits $369 billion to combat climate change, fund clean energy and development, and address environmental justice. This...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
The Inflation Reduction Act was signed into law on Tuesday, August 16 and significantly advances the innovative financing method known as green banking. Here are three ways the Act furthers that investment technique in...more
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
On June 30, 2022, the U.S. Supreme Court published its opinion in West Virginia v. Environmental Protection Agency (EPA), involving challenges to the scope of the Obama Administration's Clean Power Plan (CPP). The Court...more
The Supreme Court rejected EPA’s Obama-era Clean Power Plan in a decision that has significant implications both for future attempts by EPA to regulate CO2 emissions and for other agencies attempting to promulgate rules that...more
The Supreme Court decided West Virginia v. EPA on Thursday, June 30, 2022, curbing the power of the Environmental Protection Agency (EPA) to regulate greenhouse gas emissions from power plants across the country. The...more
Key Points - House Democrats press ahead with Build Back Better Act, including $550 billion in climate-related funding. The House will send the package to the Senate to continue negotiations over controversial provisions. ...more
A group of 19 Republican AGs, led by West Virginia AG Patrick Morrisey, filed a petition for a writ of certiorari seeking review of a decision from the United States Court of Appeals for the District of Columbia Circuit that...more
On January 19, 2021, the U.S. Court of Appeals for the District of Columbia struck down the Affordable Clean Energy (“ACE”) rule. The Court issued a 185-page opinion (download here) within which it ultimately determined...more
President-elect Joe Biden has stated that one of the greatest challenges facing the United States is the viability and welfare of the environment. As the country moves toward a Biden presidency, environmental change and a...more
B&D’s Carbon Markets Roundup covers domestic and international developments related to carbon pricing and related regulatory programs aimed at regulating or reducing greenhouse gas (GHG) emissions. Despite—or perhaps because...more