News & Analysis as of

Greenhouse Gas Emissions Administrative Procedure Act

Perkins Coie

Failure to Explain Selection of Project Alternative Violated NEPA and APA

Perkins Coie on

The Ninth Circuit held that the Bureau of Land Management (BLM) acted arbitrarily and capriciously by failing to explain in its Record of Decision why it selected a project alternative that did not meet the development...more

Cozen O'Connor

Democratic AGs Oppose Washing Away Appliance Efficiency Standards

Cozen O'Connor on

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

Wiley Rein LLP on

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

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

Cooley LLP on

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Greenhouse Gas Reporting Rule for 2024 Data: Environmental Defense Fund Files Judicial Challenge to U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) extended on March 20th the reporting deadline under the Greenhouse Gas Reporting Rule for 2024 data. See 90 Fed. Reg. 13085. EPA extended the reporting deadline...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

K&L Gates LLP on

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

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

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

Miller Starr Regalia

Fifth District Affirms Judgment Rejecting CEQA/APA Challenges to CARB’s Approval of ZEV Truck Sales Mandate Regulation; Holds...

Miller Starr Regalia on

In an opinion filed August 27 and later ordered published on September 24, 2024, the Fifth District Court of Appeal affirmed a judgment denying a writ petition that challenged the State Air Resources Board’s (CARB) adoption...more

Goldberg Segalla

Appellate Court Vacates FERC’s Approval of $950M Natural Gas Pipeline Project

Goldberg Segalla on

Late last month, the U.S. Court of Appeals for the District of Columbia Circuit, in New Jersey Conversation Foundation, et al. v. FERC, unanimously vacated the Federal Energy Regulatory Commission’s (FERC) approval of the...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

Latham & Watkins LLP

The Case Against SEC Final Climate Rules Begins in Earnest

Latham & Watkins LLP on

The Eighth Circuit is poised to determine the fate of the SEC’s final climate regulation, potentially by the end of the year. On March 21, 2024, the US Court of Appeals for the Eighth Circuit was selected as the court that...more

Cozen O'Connor

SEC Adopts Final Rule for Enhancement and Standardization of Climate-Related Disclosures

Cozen O'Connor on

On March 6, 2024, almost two years after the Securities and Exchange Commission’s (SEC) proposed amendments “to enhance and standardize climate-related disclosures for investors,” the SEC adopted a final rule on...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — November 2023

Federal Regulatory Developments - On September 20, 2023, the SEC approved amendments to the “Names Rule,” which had initially been proposed in May 2022. This rule requires investment funds to “adopt a policy to invest at...more

Pillsbury Winthrop Shaw Pittman LLP

Fifth Circuit Permits the Use of the Social Cost of Carbon, For Now

The court’s decision allows the Biden administration to further develop the Social Cost of Carbon (SCC) but leaves open the possibility of future judicial scrutiny of its implementation. The Fifth Circuit’s ruling allows...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: An End-of-Year Environmental Update

As 2022 draws to a close, here is a brief description of recent environmental and regulatory law rulings, as well as new federal rulemaking proceedings....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Greenhouse Gas Reporting Program: Earthjustice Petitions U.S. Environmental Protection Agency to Add Dams/Reservoirs as a Source...

Earthjustice filed a March 21st Petition before the United States Environmental Protection Agency (“EPA”) on behalf of 130 groups requesting that dams and reservoirs be added as a source category under the Greenhouse Gas...more

Holland & Hart LLP

Biden Administration Announces First Round of Revisions to CEQ's NEPA Rules

Holland & Hart LLP on

On October 7th, the Council on Environmental Quality (CEQ) announced the Biden Administration’s first round of proposed revisions to the National Environmental Policy Act (NEPA) regulations. Each of the “Phase 1” changes will...more

Foley Hoag LLP - Environmental Law

FERC Cannot Avoid the Social Cost of Carbon By Arguing That It is Not Universally Accepted

On August 3, the District of Columbia Court of Appeals held that FERC could not avoid use of the social cost of carbon in assessing the impacts of natural gas projects by arguing that “there is no universally accepted...more

Cozen O'Connor

Ten Republican Attorneys General Sue Biden Administration Over Climate Change Metric

Cozen O'Connor on

A group of ten Republican AGs, led by Louisiana AG Jeff Landry, sued the Biden administration over an alleged violation of the Administrative Procedures Act by President Biden in issuing an executive order restoring Obama-era...more

Vinson & Elkins LLP

“Immediately Effective” Midnight Rules — Beyond The Hour For Change Or Vulnerable To Court Challenges?

Vinson & Elkins LLP on

Ordinarily, the law governing how agencies create regulations — the Administrative Procedure Act — requires a thirty-day window between when a rule is published in the Federal Register and becomes “final” and when the rule is...more

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