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
If finalized, the rule would eliminate both Obama- and Biden-era limits on GHG emissions from fossil fuel-fired power plants. On June 11, 2025, the US Environmental Protection Agency (EPA) released a proposed rule under...more
Republicans have swept the 2024 elections, returning Donald Trump to the White House as the 47th President and flipping the Senate to a Republican majority. Having narrowly maintained control of the House of Representatives,...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
In an attempt to boost the credibility of the voluntary carbon markets (VCM) and to prepare for the 29th Conference of the Parties (COP 29) in Azerbaijan in November, the White House released on May 28 a policy statement and...more
On October 7, 2023, Governor Gavin Newsom signed into law a trio of climate-related bills that will impact what companies doing business in California must (or can) say about their greenhouse gas (GHG) emissions and the...more
The trajectory of the hydrogen sector in the United States hinges on a critical question: what criteria will be used to define the term “clean hydrogen” for tax purposes? As previously outlined in our Field Guide to Clean...more
It is clear that these have been busy months for federal environmental regulators, especially those working at EPA, the federal departments and the Council on Environmental Quality. Even the Department of Agriculture has...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
Forty-eight Democratic Congressmen sent a February 9th letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan asking that the agency address what they argue are needed efforts regarding plastic...more
Bonta announces lawsuit against 3M and DuPont over PFAS contamination Bullet The Hill – November 10 California Attorney General Rob Bonta on Thursday announced a lawsuit against 3M and DuPont, manufacturers of per- and...more
On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA) into law. The IRA includes a host of programs aimed at addressing climate change and energy production. These include, for example, major new or...more
On June 30, 2022, the U.S. Supreme Court issued its decision in West Virginia v. EPA, 597 U.S. __, 2022 WL 2347278 (June 30, 2022), a case involving the Obama Administration’s Clean Power Plan (CPP) and the Trump...more
Over the past few years, several state and local governments have filed lawsuits against fossil fuel companies, seeking money damages for the effects of climate change on their jurisdictions. These lawsuits serve multiple...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
TSCA/FIFRA/TRI - TSCA Reform Reform? — A Conversation With Dennis Deziel: In the recent All Things Chemical® episode TSCA Reform Reform? — A Conversation with Dennis Deziel, Lynn L. Bergeson and Dennis R. Deziel, Senior...more
The Division of Corporation Finance of the U.S. Securities and Exchange Commission recently published a sample letter to companies providing illustrative comments that the Division of Corporation Finance may issue to...more
On May 20, 2021, President Biden issued an Executive Order on Climate-Related Financial Risks (the “Executive Order”), which we have summarized here. The Executive Order broadly addresses Federal climate policy, including the...more
Biden Promises to Cut U.S. Emissions in Half from 2005 Levels - The Biden administration kicked off their two-day Climate Leaders’ Summit on Earth Day, April 22, 2021, and concluded the event on April 23, 2021. The intent...more
TSCA/FIFRA/TRI - Lynn L. Bergeson Publishes “The importance of regulatory diligence in funding,” In Financier Worldwide, April 2021: Lawyers counselling companies in the biotechnology, biopesticide, and related crop...more
TSCA/FIFRA/TRI - EDF Reports That EPA Has “Muzzled” SACC: The Environmental Defense Fund (EDF) published a September 16, 2019, blog item entitled “EPA’s latest move to deflect criticism of its TSCA risk evaluations: Muzzle...more
Multi-state coalition’s lawsuit challenges Trump EPA withdrawal of California Clean Air Act waiver. EPA formally announced its decision to withdraw California’s 2013 Clean Air Act waiver, which allowed the state to set its...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 emissions. This edition of Carbon Markets...more
TSCA/FIFRA/TRI - EPA Issues Final SNUR For Asbestos, Will “Close Loophole And Protect Consumers”: On April 25, 2019, EPA issued a final significant new use rule (SNUR) for asbestos using the definition in Title II, Section...more
TSCA/FIFRA/TRI - EPA Proposes Joint Stipulation In Ellis Case Requiring EPA To Issue ESA Effects Determinations For Two Neonicotinoid Pesticides: On December 12, 2018, EPA announced a proposed joint stipulation and proposed...more
TSCA/FIFRA/TRI - EPA Issues Two Direct Final Rules Promulgating SNURs For 29 Chemicals: On August 27, 2018, EPA issued two direct final rules promulgating significant new use rules (SNUR) under TSCA. The first direct final...more