News & Analysis as of

Climate Change Rulemaking Process

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

Haynes Boone

EPA Proposes Repeal of Legal Foundation for Greenhouse Gas Rules

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The U.S. Environmental Protection Agency (EPA) has proposed a major shift in regulatory policy—to rescind the agency’s 2009 “Endangerment Finding” and to repeal all resulting emission standards for new motor vehicles and...more

Jones Day

EPA Initiates Rulemaking to Eliminate the 2009 GHG Endangerment Finding

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The U.S. Environmental Protection Agency ("EPA") proposes rescission of the 2009 Endangerment Finding, which underpins greenhouse gas regulation under the Clean Air Act....more

Latham & Watkins LLP

SEC Responds to Eighth Circuit, Asking Eighth Circuit to Rule on Climate Disclosure Litigation

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The SEC has stated that a ruling would help it determine the relevance of future rulemaking. On July 23, 2025 the US Securities and Exchange Commission (SEC or Commission) submitted a status report ordered by the Eighth...more

Hogan Lovells

Regulatory developments as California's 2026 mandatory GHG disclosures and climate risk reporting deadlines loom

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First disclosures under California's legislative greenhouse gas (GHG) and climate risk reporting regimes will be due beginning in 2026. The regulatory effort to implement this legislation has begun in earnest, with the...more

Mintz

SEC Refuses to Answer Whether It Will Enforce Climate Disclosure Law If Upheld by Courts

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On July 23, 2025, there was a notable development in the legal proceeding (currently pending in the Eighth Circuit) challenging the validity of the SEC's mandatory climate disclosure law. By way of background, in April...more

Wilson Sonsini Goodrich & Rosati

SEC Requests Eighth Circuit Decide Climate Rules Litigation

On July 23, 2025, the U.S. Securities and Exchange Commission submitted a status report to the U.S. Court of Appeals for the Eighth Circuit regarding the final climate-related disclosure rules. According to the status report,...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

Wenning Environmental

Rescinding U.S. Roadless Rule Reignites Centuries-old Debate About State Rights And Environmental Protections On Public Lands

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U.S. Department of Agriculture (USDA) Secretary Brooke Rollins’ announcement at a Western Governors Association meeting in June 2025 to rescind the 2001 Roadless Area Conservation Rule, commonly known as the Roadless Rule, is...more

Jones Day

CARB Breaks Its Silence on Climate Reporting Rules

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On July 9, 2025, the California Air Resources Board (CARB) released a set of Frequently Asked Questions related to regulatory development and initial reporting obligations under SB 253 and SB 261. ...more

Frost Brown Todd

California’s Climate Disclosure Rulemaking Enters a New Phase

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California’s requirements for climate-related corporate disclosures are evolving as the California Air Resources Board (CARB) continues to implement Senate Bill (SB) 253 and SB 261. Although these statutes were enacted in...more

Jones Day

Environmental Groups Sue New York to Implement Greenhouse Gas Reduction Law

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On March 31, 2025, a coalition of environmental groups in New York filed a lawsuit to compel the New York Department of Environmental Conservation ("DEC") to issue regulations implementing the Climate Leadership and Community...more

Cozen O'Connor

Update on California's Climate Disclosure Laws: What Companies Need to Know

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On May 29, 2025, the California Air Resources Board (CARB) held a virtual public workshop to discuss forthcoming regulations implementing California’s corporate climate disclosure laws. The workshop focused on the scope of...more

Miller Nash LLP

California Climate Disclosure Laws Will Go Into Effect Before California Air Resources Board Finalizes Regulations

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On May 29, 2025, the California Air Resources Board (CARB) hosted a virtual public workshop to discuss its progress in implementing California’s sweeping new climate disclosure laws. California Senate Bills (SB) 253, 261, and...more

Maynard Nexsen

Key Takeaways and Lingering Questions from the Public Workshop on California’s Climate Disclosure Rules

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Status Update - On May 29, 2025, the California Air Resources Board (“CARB”) held a virtual public workshop on California’s climate reporting laws, Senate Bill 253 (The Climate Corporate Data Accountability Act) and...more

Jones Day

California Air Resources Board Offers Direction as to Application of California Climate Disclosure Laws

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On May 29, 2025, a virtual public workshop held by the California Air Resources Board ("CARB") offered direction on how it interprets certain elements of California's climate disclosure laws. While CARB has a July 1, 2025,...more

Troutman Pepper Locke

CARB Workshop on Climate Disclosure Laws: More Questions Than Answers

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On May 29, 2025, the California Air Resources Board (CARB) held a virtual public workshop to review and discuss its rulemaking response to California Senate Bills (SBs) 253, 261, and 219, which require companies that “do...more

Fenwick & West LLP

Takeaways from CARB’s Virtual Workshop Regarding California’s Corporate Climate Disclosure Rules

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On May 29, 2025, The California Air Resources Board (CARB) held a virtual workshop to “support the development of California’s Corporate Greenhouse Gas Reporting Program” reflected in the Climate Corporate Data Accountability...more

Fox Rothschild LLP

Initial Concepts Provided on California Climate Disclosure Laws Implementation

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The regulations for the California Climate Corporate Data Accountability Act (SB253), which applies to entities with annual revenue in excess of $1 billion, have been delayed until the end of 2025. The California Air...more

Ropes & Gray LLP

Complying With California’s New Climate Disclosure Laws – Takeaways for Reporting Companies from the California Air Resources...

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The California Air Resources Board held an almost four hour virtual public workshop on May 29 on California’s pending climate risk and greenhouse gas emissions disclosure laws. The stated purpose of the workshop was to...more

Latham & Watkins LLP

Latest Developments in Fight Over California’s Climate Disclosure Laws

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A preliminary injunction motion is set for May, the judge issued a scheduling order, and CARB announced a public workshop to kick off a rulemaking to implement the laws....more

Fenwick & West LLP

CARB to Hold Virtual Public Workshop Regarding California’s Corporate Climate Disclosure Rules

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The California Air Resources Board (CARB) has announced that it will hold a virtual public workshop to “support the development of California’s Corporate Greenhouse Gas Reporting Program,” as reflected in The Climate...more

Mintz

Eighth Circuit Holds SEC Climate Rule Litigation in Abeyance

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On April 24, 2025, the Eighth Circuit ordered that the litigation over the validity of the SEC's climate disclosure rule be “held in abeyance.” This order was in response to a submission by a coalition of blue states that...more

Wilson Sonsini Goodrich & Rosati

Eighth Circuit Temporarily Pauses Climate Rules Litigation and Seeks Response from SEC

Following the U.S. Securities and Exchange Commission’s action in March 2025 to end its defense of the final climate-related disclosure rules (Climate Rules), the Attorneys General of Massachusetts and other states...more

Baker Botts L.L.P.

9 Questions About the 2009 Endangerment Finding Reconsideration in 2025

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Over the course of the last 15 years, the U.S. Environmental Protection Agency (EPA) has developed a suite of regulations under the Clean Air Act (CAA) built upon EPA’s finding – originally made in 2009 – that greenhouse gas...more

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