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
Earlier today, the House passed President Trump's sweeping tax and spending legislation after overcoming resistance from some Republican members. A revised version of the legislation narrowly passed the Senate on July 1 in a...more
The EV industry continues to face federal regulatory and political uncertainty and now, the clock is ticking on the Inflation Reduction Act’s electric vehicle (EV) tax credits and incentives. The recently proposed House and...more
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
While federal policymaking has already begun to shift away from the climate change programs of the Obama and Biden administrations, many states are expected to continue pursuing expansive climate policies and building upon...more
On March 14, 2025, President Trump signed legislation disapproving the Environmental Protection Agency’s regulation implementing the Inflation Reduction Act’s tax on methane emissions from the oil and gas sector. The Joint...more
The Biden administration's rule requiring the payment of a fee for methane emissions has effectively been rescinded, although, for now at least, the statutory provision imposing the fee remains in effect along with other...more
On his first day in office, President Trump signed Executive Order (EO) 14154, Unleashing American Energy. Halfway through the lengthy Order, one paragraph requires the Administrator of the Environmental Protection Agency...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
As President-elect Donald Trump prepares to assume office, the administration is signaling a shift in regulatory policy that could have sweeping implications for the automotive and advanced mobility industries. ...more
Now that the 119th Congress has been sworn in, attention turns to how the Republican-controlled House, Senate, and White House will use the Congressional Review Act (CRA). The CRA creates a review period in which Congress can...more
During the 2024 campaign, President-elect Donald Trump promised his supporters that he would direct federal agencies on day one to “immediately remove every single burdensome regulation driving up the cost of goods.” For the...more
The Environmental Protection Agency announced on Nov. 12 its final rule to further reduce methane emissions from oil and gas industries as required under the Inflation Reduction Act. In particular, Congress established a...more
On November 12, 2024, the Biden administration announced a final rule to reduce methane emissions from high-emitting oil and gas producers. Enabled by the Inflation Reduction Act (the “Act”), EPA will now collect Waste...more
Once again, a federal district court has enjoined enforcement of a rule implemented by a wayward federal agency as it governs oil and gas activities. This one is North Dakota, et al v. US Department of Interior, et al. from...more
On May 14, 2024, the U.S. Environmental Protection Agency (EPA) published the final Greenhouse Gas Reporting Rule requirements for petroleum and natural gas systems under 40 C.F.R. Part 98, Subpart W in the Federal Register....more
Oil and gas companies will soon be required to pay annual fees to the federal government based on their methane emissions. These fees, which the Environmental Protection Agency (EPA) expects will exceed $2 billion over the...more
We wrote an overview of the methane tax after the Inflation Reduction Act was signed into law in August 2022 and Congress directed the Environmental Protection Agency (EPA) to impose the first-ever direct tax on methane...more
The U.S. Environmental Protection Agency ("EPA") has proposed regulations for calculating methane emissions fees required beginning this year under the Inflation Reduction Act ("IRA"). Section 136 of the Clean Air Act (added...more
This update helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - China may have surpassed Japan to become the world’s largest...more
Section 40B of the Internal Revenue Code of 1986 (the “Code”) enacted by the Inflation Reduction Act of 2022 (the “IRA”) provides credits for each gallon of sustainable aviation fuel (“SAF”) sold or used by a taxpayer before...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
Environmental Justice: 2023 Year in Review and 2024 Look-Ahead - As a concept, Environmental Justice, or EJ, has been around for more than 40 years. Beginning as a slogan at protests in Warren County, NC in 1982, EJ...more
Addressing environmental justice (EJ) issues has been a primary concern for the Biden Administration. Recent developments — one in Chicago and one in Louisiana — show different ways local and state regulators have reacted to...more
Executive branch priorities are clearly set out in agency budget requests. While the amount budgeted generally changes when Congress has its say, the original request provides unique insight into how agencies perceive what...more
Environmental Justice (“EJ”) continued to prove a major focus of the Biden administration in 2022. With wide-ranging initiatives across several federal agencies, the administration worked to strengthen enforcement, release...more