News & Analysis as of

Greenhouse Gas Emissions Corporate Counsel

Baker Botts L.L.P.

9 Questions About the 2009 Endangerment Finding Reconsideration (Updated with New Information from EPA Announcement on July 29,...

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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Protection Agency (EPA) has developed a suite of regulations under the Clean Air Act (CAA) built upon EPA’s finding – originally made in 2009 – that greenhouse gas...more

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

Pillsbury Winthrop Shaw Pittman LLP

EPA Announces Sweeping Deregulatory Agenda: The Complete Set of EPA’s 31 Actions and Affected Environmental Regulations

In what it called “the greatest and most consequential day of deregulation in U.S. history,” the Environmental Protection Agency (EPA) announced its most expansive deregulatory initiative to date on March 12, 2025. Through a...more

Foley Hoag LLP - Environmental Law

New York State Amends Landmark “Climate Change Superfund Act” Amidst Legal Challenges

We previously reported on New York State’s enactment of the Climate Change Superfund Act (the “Climate Superfund Act” or the “Act”), groundbreaking legislation that seeks to recover $75 billion from fossil fuel producers for...more

Foley & Lardner LLP

No Harm, No Foul: Greenwashing Lawsuit Dismissed for Lack of Article III Standing

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It is well-settled that under Article III of the Constitution, United States federal courts are limited to trying “cases and controversies.” Moreover, a case or controversy exists only if a plaintiff has standing to file the...more

Morrison & Foerster LLP - Class Dismissed

A New Era of Climate Accountability: State Climate Superfund Laws Gain Momentum

As climate adaptation and mitigation costs escalate, a wave of state climate superfund legislation is emerging across the United States. This novel approach to climate accountability, pioneered by Vermont and New York,...more

Troutman Pepper Locke

Court Order Hobbles Challenge to California’s Climate Disclosure Laws

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Companies following the ongoing legal challenge to California’s climate disclosure laws in hopes that the court would strike down or limit the scope of these laws will be disappointed by the order issued by the U.S. District...more

Mintz

California Climate Disclosure Laws Survive Significant Challenge

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Judge Wright (C.D. Cal.) has significantly narrowed the Chamber of Commerce's lawsuit challenging California's climate disclosure laws. (These disclosure laws mandate disclosure of Scope 1, Scope 2, and Scope 3 greenhouse...more

Pillsbury Winthrop Shaw Pittman LLP

New York’s “Climate Superfund” Bill becomes Law, Part of a Trend

In a “paradigm shift in environmental liability,” some states are seeking to legislate financial responsibility on large coal and oil & gas companies for the public costs associated with strengthening infrastructure against...more

Skadden, Arps, Slate, Meagher & Flom LLP

ESG: A Review of 2024 and Key Trends To Look for in 2025

In this article, we reflect on key trends in ESG over the second half of 2024 and look ahead at trends that may emerge in 2025. We analyze developments in the latter half of 2024, which were similar to those highlighted in...more

Troutman Pepper Locke

California Offers Enforcement Relief on GHG Disclosures

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On December 5, 2024, the California Air Resources Board (CARB) issued an Enforcement Notice regarding the Climate Corporate Data Accountability Act (SB 253), which will require companies “doing business” in California to...more

Pillsbury Winthrop Shaw Pittman LLP

Trump 2.0: White House and Congressional Republicans Poised to Use the Congressional Review Act for Swift Regulatory Rollback

With unified control of Congress and the White House, Republicans are primed to use the CRA to swiftly overturn regulations promulgated in the final months of the Biden Administration. The Congressional Review Act (CRA)...more

Hinshaw & Culbertson - Insights for Insurers

The Hawaii Supreme Court Determines that Greenhouse Gases are "Pollutants" and Ruled Coverage for Climate-Related Claims is Barred...

On October 7, 2024, the Hawaii Supreme Court, responding to questions certified by the United States District Court for the District of Hawaii, determined that insurers had no duty to defend Aloha Petroleum ("Aloha") in two...more

Morgan Lewis

CFTC Takes First Enforcement Actions on Fraud in Voluntary Carbon Markets

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The Commodity Futures Trading Commission (CFTC) announced its first actions for fraud in the voluntary carbon markets (VCMs) on October 2, 2024. These enforcement actions demonstrate the CFTC’s continued focus on the...more

Kelley Drye & Warren LLP

Tyson Faces Lawsuit Over Net Zero Claims

Last week, the Environmental Working Group (“EWG”) filed a lawsuit against Tyson Foods in DC Superior Court under the DC Consumer Protection Procedures Act (“CPPA”), accusing the country’s second-largest meat company of...more

Latham & Watkins LLP

Ruling Requires South Korean Government to Review Climate Targets

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South Korea’s Constitutional Court has issued a “first of its kind” decision in Asia, requiring South Korea to update its greenhouse gas reduction targets. On 29 August 2024, South Korea’s Constitutional Court (the Court)...more

Jones Day

Vermont Law Requires Energy Companies to Pay for Climate Change Damage

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Vermont passed a first-of-its-kind law requiring energy companies to pay for part of the damages from extreme weather events, but the law likely will face legal challenges....more

ArentFox Schiff

ESG Update: Three Climate Change Decisions to Watch as the Temperature Rises

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Below, we break down three recent decisions and explain why the regulated community should pay attention to them: the first from the Southern District of New York in City of New York v. Exxon Mobil Corporation; the second...more

Jones Day

Enhanced Sustainability Requirements for Federal Contractors

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On April 22, 2024, the U.S. government issued a final rule ("Rule") to restructure and update the Federal Acquisition Regulation ("FAR") to implement a requirement for agencies to procure sustainable products and services to...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Climate Disclosure Rules: Your Questions Answered

The Securities and Exchange Commission’s climate-related disclosure rules pose a host of issues for companies. Below are answers from Skadden’s SEC Reporting and Compliance and Environmental Groups to some of the questions...more

King & Spalding

EU Council Approves Corporate Sustainability Due Diligence Directive

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On 15 March 2024, the European Council approved the Corporate Sustainability Due Diligence Directive (“CSDDD” or “Directive”). If approved by the European Parliament and entered into force, the CSDDD will require large EU and...more

Beveridge & Diamond PC

California to Require Climate Disclosures from Large Companies

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The California Legislature recently passed two new laws that impose significant climate-related disclosure obligations on many businesses. The passage of SB 261 and SB 253 are the latest steps in a growing trend to mandate...more

Wiley Rein LLP

Think Because You Are a Private Company the SEC Is Not Your Problem? Think Again (and review those separation agreements)

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What: Twice this month, the Securities and Exchange Commission (SEC) announced settled actions against entities for violating SEC Rule 21F-17(a) related to language in their separation agreements, including one against a...more

Cadwalader, Wickersham & Taft LLP

EU Issues Competition Safe Harbor Guidelines For Sustainability Agreements

The European Commission recently issued Guidelines “on the competitive assessment of agreements between competitors that pursue sustainability objectives (‘sustainability agreements’).” Recognizing sustainability as a “core...more

Latham & Watkins LLP

European Commission Adopts Proposal to Promote Repair of Goods

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As part of the European Green Deal ambitions, the proposal encourages sustainable consumption through additional incentives to repair products to reduce waste and emissions. On 22 March 2023, the European Commission...more

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