News & Analysis as of

Greenhouse Gas Emissions Cap-and-Trade

Miller Starr Regalia

“Double Counting” or Redundant Mitigation?  Second District Holds CEQA Guidelines’ Additionality Requirement Precludes Applying...

Miller Starr Regalia on

In a partially published 102-page opinion filed June 26, 2025, the Second District Court of Appeal (Div. 7) resolved cross-appeals by affirming the trial court’s judgment invalidating Los Angeles County’s 2019 EIR...more

Jones Day

Trump Paves Way for Coal Renaissance and Targets State Climate Change Efforts

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In early April, President Trump issued several energy-related presidential actions aimed at reviving the coal industry. These actions could boost the domestic coal industry, including by rolling back environmental regulations...more

Jones Day

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

Jones Day on

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

Fox Rothschild LLP

Seeing the Forest for the Trees, and Protecting it: a “Cap and Trade” Litigation Tale

Fox Rothschild LLP on

In the complex world of “cap and trade” emissions regimes, acquiring credits to offset a company’s pollution portfolio requires decision makers to see the forest for the trees. And sometimes to buy the forest....more

Cadwalader, Wickersham & Taft LLP

Cadwalader Climate - July 2024 #3

This week, we discuss the first settlement between a state and a group of young plaintiffs who claimed that their government’s inadequate climate policies violated their constitutional right to a healthy environment. We...more

Foley Hoag LLP - Energy & Climate Counsel

New York Releases Preliminary Outline of Cap-and-Invest Program

On December 20, 2023, the New York State Department of Environmental Conservation (DEC) and the New York State Energy Research and Development Authority (NYSERDA) released a pre-proposal outline of New York State’s...more

Vedder Price

Get Ready! EU Emissions Trading System Expands to Cover Maritime Sector; Effective January 1, 2024

Vedder Price on

Under the European Climate Law, European Union (EU) Member States are working collectively to reach net zero – cutting greenhouse gas emissions as close to zero as possible – by 2050. As a first milestone, the EU is aiming to...more

Jones Day

Pennsylvania Court Strikes Down Participation in the Regional Greenhouse Gas Initiative

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On November 1, 2023, the Pennsylvania Commonwealth Court held that the rulemaking entering Pennsylvania into the Regional Greenhouse Gas Initiative ("RGGI") violated the state constitution. The decision upends regulatory...more

Perkins Coie

New Rules for Climate Commitment Act Designed To Rein in Compliance Costs

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The Washington Department of Ecology (Ecology) recently announced rulemaking intended to clarify a key cost containment provision of the Climate Commitment Act (CCA), the state’s carbon emissions cap-and-trade program. The...more

Jenner & Block

The Time for Climate Investment is Here

Jenner & Block on

Happy Earth Month! In today’s blog, we observe the historic investment opportunity presented by the convergence of efforts to address climate change and spur the energy transition, such as public grant programs, regulatory...more

J.S. Held

Canada’s Oil and Gas Emissions Cap: Options for the ECCC Proposal

J.S. Held on

Options to cap and cut emissions from the Canadian oil and gas sector were proposed by Environment and Climate Change Canada (ECCC) in July 2022. Reducing oil and gas sector emissions is necessary for Canada to achieve its...more

Cadwalader, Wickersham & Taft LLP

IOSCO Launches a Consultation on Compliance and Voluntary Carbon Markets Design

In November 2022, the International Organization of Securities Commissions (“IOSCO”) published two reports − one on Compliance Carbon Markets (“CCMs”) and one on Voluntary Carbon Markets (“VCMs”). IOSCO continues to seek...more

Latham & Watkins LLP

CARB Adopts Final 2022 Scoping Plan

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The plan accelerates already ambitious climate goals for California and charts a course to carbon neutrality by 2045. On December 15, 2022, the California Air Resources Board (CARB) adopted its Final 2022 Scoping Plan...more

(ACOEL) | American College of Environmental...

Much Ado About Not Much: West Virginia v. EPA

Many have characterized West Virginia v. EPA as a decision depriving EPA of an important tool to address climate change under the Clean Air Act. The decision is better viewed as steering EPA away from a flawed regulatory...more

Latham & Watkins LLP

California Air Resources Board Releases Draft Scoping Plan Update (Part 2)

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CARB opts to stay the course on Cap-and-Trade Program. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update for public review and comment. Assembly Bill (AB) 32, the...more

Davis Wright Tremaine LLP

Legislature v. Inslee… Again: New Washington Climate Laws Unsettled by Separation of Powers Disputes

On Monday, December 20, 2021, for the second time in three years, the Washington State Legislature sued Governor Inslee over his line-item vetoes related to climate change policy. ...more

Latham & Watkins LLP

UK Navigates Post-Brexit Challenges in the Environmental Regulatory Landscape

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The triggering of the CCM under the UK ETS and ongoing consultations under UK Reach signal speedbumps in the transition process. On 30 November 2021, the UK government’s Department of Business, Energy and Industrial...more

Mintz - Energy & Sustainability Viewpoints

Pricing Overseas Carbon: The Rise of Border Adjustment Mechanisms on Both Sides of the Pond

In the past several months, lawmakers in both the United States and the European Union have introduced legislation to enact carbon border adjustment mechanisms (CBAMs) in their respective jurisdictions. Also known as a...more

Jones Day

The Climate Report | Third Quarter 2021

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Climate Change Regulatory Issues & Updates - European Climate Law Sets a Binding Objective of Climate Neutrality by 2050 - The recently adopted European Climate Law calls for the necessity to address "the growing...more

Foley Hoag LLP - Energy & Climate Counsel

TCI Update: Final Model Rule Addresses EJ, but Political Will May Be Lacking

On June 10, 2021, the Transportation Climate Initiative Program (TCI-P) states released a final model rule creating a regional cap-and-trade-program to reduce carbon emissions from the transportation sector. We wrote about...more

Davis Wright Tremaine LLP

Will Washington Link Its Forthcoming Greenhouse Gas Emissions Cap-and-Trade Program With California's?

On May 17, 2021, Washington Governor Jay Inslee signed into law the Climate Commitment Act. The legislation creates a market-based, economy-wide cap-and-trade program for greenhouse gas emissions in Washington state. The...more

(ACOEL) | American College of Environmental...

Critically Examining Environmental Justice Critiques of GHG Auction-Cap-and-Trade

The Biden Administration has pledged to put the nation on track to achieve carbon neutrality by 2050 and simultaneously to promote environmental justice. Both goals are achievable and, indeed, are complementary. Their...more

Perkins Coie

Greenhouse Gas Emissions Cap-and-Trade Program Enacted by Washington Legislature

Perkins Coie on

The Washington Legislature passed Senate Bill 5126, the Climate Commitment Act, on April 24, 2021, which establishes a greenhouse gas emissions cap-and-invest program for utilities, industrial facilities, and other operations...more

Latham & Watkins LLP

TCI Program Established to Reduce Carbon Emissions From Transportation

Latham & Watkins LLP on

The program will include a multi-jurisdictional cap-and-invest program and aims to address environmental justice and equity concerns. On December 21, 2020, the Governors of Massachusetts, Rhode Island, and Connecticut,...more

Orrick, Herrington & Sutcliffe LLP

CME Group to Launch a Global Emissions Offset Futures Contract

CME Group has announced plans to launch a carbon futures contract intended to offer a transparent, standardised and market-based solution to manage global emissions risk. ...more

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