News & Analysis as of

Climate Change Administrative Procedure Act

Jones Day

New EPA Positions Reflected in Sweeping Rollback of Greenhouse Gas Regulation

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The Environmental Protection Agency ("EPA") proposed a rule that would rescind the 2009 Endangerment Finding, citing a new interpretation of the relevant section in the Clean Air Act ("CAA"), a lack of clear congressional...more

Brownstein Hyatt Farber Schreck

EPA Moves to Rescind 2009 Endangerment Finding

On July 29, the Environmental Protection Agency (EPA) formally proposed to revoke its 2009 “Endangerment Finding,” in which the EPA declared that greenhouse gases contribute to air pollution and endanger public health. This...more

Foley Hoag LLP - Energy & Climate Counsel

EPA Introduces Rule To Repeal Endangerment Finding

On Tuesday July 29, the U.S. Environmental Protection Agency (“EPA”) announced a proposed rule to repeal its 2009 finding that greenhouse gas (“GHG”) emissions from new motor vehicles contribute to pollution and endanger...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — August 2025

There was a noteworthy development in the ongoing legal challenge to the SEC’s mandatory climate disclosure law (dating from the Biden administration), which is currently pending in the Eighth Circuit. Following the decision...more

Latham & Watkins LLP

California Low Carbon Fuel Standard Amendments Take Effect

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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

Cozen O'Connor

Democratic AGs Oppose Washing Away Appliance Efficiency Standards

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14 Democratic AGs and the Corporation Counsel for the City of New York submitted 16 comment letters to the U.S. Department of Energy (DOE) opposing the agency’s proposed rescission of water and energy efficiency standards for...more

Wiley Rein LLP

Key Insights from California's Kickoff Workshop on Corporate GHG Reporting and Climate Risk Disclosures

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On May 29, the California Air Resources Board (CARB) held a public workshop on CA climate disclosure laws. During the workshop, CARB shared a timeline for regulatory development and an overview of initial staff concepts to...more

ArentFox Schiff

Recent Rulings Against Trump Administration Funding Freezes

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Shortly after taking office, President Trump froze funding already allocated to various parties, citing the Administration’s disapproval of issues including climate change and social equity. Additionally, executive agencies...more

Mintz

SEC Commissioner Uyeda Suggests the SEC Will Not Rescind the Climate Disclosure Rule

Mintz on

SEC Commissioner Uyeda, one of the Republican appointees to the Securities & Exchange Commission, recently stated (in remarks at the 2025 “SEC Speaks” Conference) that the SEC should not rescind the climate disclosure rule...more

DLA Piper

SEC’s Climate Rule Litigation Update: Is it Actually Over?

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The Securities and Exchange Commission (SEC)’s March 27, 2025 decision (the Decision) to withdraw the defense of its landmark climate-related disclosure rules adopted in March of 2024 (the Rules) did not formally pause or...more

Troutman Pepper Locke

Twin Killings: Executive Orders Put Existing Energy Regulations in the Crosshairs

Troutman Pepper Locke on

On the evening of April 9, 2025, the Trump administration released a pair of deregulatory executive actions that could have major implications for any industry subject to federal rules — and are also likely to be a magnet for...more

Herbert Smith Freehills Kramer

SEC Abandons Climate-Related Disclosure Litigation — What Next?

The Securities and Exchange Commission (SEC) recently informed the U.S. Court of Appeals for the Eighth Circuit that it will no longer defend its March 6, 2024, rule requiring that companies disclose climate-related risks and...more

Cooley LLP

Commissioner Crenshaw decries SEC action pulling the plug on defense of climate disclosure rules

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As reported in this PubCo post, the SEC announced yesterday that it was ending its “defense of the rules requiring disclosure of climate-related risks and greenhouse gas emissions”—the climate disclosure rules. In response to...more

Holland & Knight LLP

EPA Announces Deregulatory Initiative to "Power the Great American Comeback"

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U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced on March 12, 2025, that EPA will undertake 31 distinct actions in an effort to advance President Donald Trump's Day One executive orders (EOs) to...more

Latham & Watkins LLP

Environmental Groups, Biofuel Trade Association Challenge Amendments to the California Low Carbon Fuel Standard

Latham & Watkins LLP on

Stakeholders should anticipate potential delays and market impacts amid the ongoing legal challenges and the Office of Administrative Law’s recent disapproval....more

Miller Starr Regalia

Second District Affirms Judgment Rejecting CEQA And Other Challenges To CARB’s “Technology-Forcing” Emissions-Control Regulation...

Miller Starr Regalia on

On February 13, 2025, the Second District Court of Appeal (Div. 7) filed its 71-page published opinion affirming the trial court’s judgment rejecting CEQA safety hazard and cumulative impacts analysis challenges – as well as...more

K&L Gates LLP

United States: Unsustainable—Acting SEC Chairman Signals Reconsideration of Climate Risk Disclosure Rules

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In March 2024, the SEC adopted The Enhancement and Standardization of Climate-Related Disclosures for Investors final rule, which required companies to make disclosures regarding climate risks and disclosures of Scope 1 and 2...more

Cozen O'Connor

New Administration Slams Brakes on Defense of Federal Highway Emissions Rule

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The U.S. DOJ, as counsel for the Federal Highway Administration (FHWA), filed a motion with the U.S. Court of Appeals for the Sixth Circuit seeking voluntary dismissal of its appeal of a lower court decision invalidating a...more

DLA Piper

SEC Climate Disclosure Rules: Four Potential Paths Under President Trump

DLA Piper on

The US Securities and Exchange Commission (SEC) adopted landmark final rules (Climate Disclosure Rules, or Rules) in March 2024 intended to enhance and standardize climate-related disclosures for publicly listed companies....more

Skadden, Arps, Slate, Meagher & Flom LLP

Overview of Trump’s Executive Actions and Considerations for Potential Litigation

The Trump administration has taken, and continues to take, executive actions that have the potential to significantly affect the public and private sectors alike. The result is an ever-changing legal environment presenting...more

Allen Matkins

Is This CARB Climate Corporate Data Accountability Act Enforcement Notice Legal?

Allen Matkins on

Recently, UCLA Professor Stephen Bainbridge posted this critique of California's climate disclosure laws - SB 253 and SB 261.  Readers of this blog will recall that SB 253 requires "reporting entities" to disclose Scope 1, 2...more

ArentFox Schiff

ESG Update: Four Reasons Why 2024 Should Be Remembered as ‘Transitional’ but Not ‘Transformational’ in the Environmental and...

ArentFox Schiff on

In the environmental space, 2024 has been a memorable year with regulatory efforts and court decisions touching on every aspect of environmental and energy regulation, capped out by a closely divided election....more

Pillsbury Winthrop Shaw Pittman LLP

DC Circuit Rules White House CEQ Lacks Authority to Issue Binding NEPA Regulations

The White House Council on Environmental Quality (CEQ) lacks statutory authority to issue binding regulations implementing the National Environmental Policy Act (NEPA). While the decision does not invalidate any actions...more

Fenwick & West LLP

SEC Files Brief in Support of Climate Disclosure Rules

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On August 6, the SEC filed its much-anticipated legal brief in the Eighth Circuit Court of Appeals supporting its controversial Climate Rules and responding to the arguments laid out in petitioners’ consolidated petitions for...more

Venable LLP

Environmental Law in a Post-Chevron World

Venable LLP on

Last week, Venable’s Government Division offered its general thoughts on the fallout from the Supreme Court’s reversal of the long-standing Chevron deference principle. Here, the Environmental Practice Group offers some of...more

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