News & Analysis as of

Greenhouse Gas Emissions State and Local Government Carbon Emissions

Foley Hoag LLP - Environmental Law

RGGI Third Program Review Concludes: New Model Rule and Strengthened Emission Caps Unveiled Amid Federal Scrutiny

Earlier this month, the Regional Greenhouse Gas Initiative (RGGI) announced the completion of the RGGI Third Program Review, which resulted in several major changes to the RGGI Model Rule that will shape the program through...more

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

Capacity to Capture Energy from Waste/American Biogas Council: Data/Interactive State-by-State Map Released

The American Biogas Council (“ABC”) released what it characterized as: … new data showing, on a state-by- state basis, the energy production and waste recycling benefits that a full build-out of potential biogas systems...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

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

State Air Trends & Successes: Association of Air Pollution Control Agencies Issues 2025 Report

The Association of Air Pollution Control Agencies ("AAPCA") issued the 2025 edition of its annual report titled: State Air Trends & Successes ("Report")....more

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

Greenhouse Gas Emissions Measurement/Assessing Performance of the National Highway System: Federal Highway Administration Rule...

The Federal Highway Administration (“FHA”) published a final rule that repeals the requirement that state Departments of Transportation (“DOTs”) and Metropolitan Planning Organizations (“MPOs”) undertake certain greenhouse...more

Cozen O'Connor

New York City Local Law 97 Deadline: May 1, 2025

Cozen O'Connor on

As previously advised, the first compliance report required under New York City’s Local Law 97 (LL97) is due by May 1, 2025. LL97 requires most buildings over 25,000 square feet to limit carbon emissions or face significant...more

Kilpatrick

New York Introduces Climate Disclosure Legislation Signaling Growing Trend of State-Level Climate Regulation

Kilpatrick on

In late January 2025, the New York legislature introduced Senate Bills 3456 and 3697, signaling the state’s ongoing commitment to climate-related corporate accountability. These bills build on prior legislative attempts,...more

Morrison & Foerster LLP

Advanced Clean Fleets Regulations No Longer in Force for Most Fleet Operators and Owners

In the face of the Trump administration’s hostility toward California’s Clean Air Act waivers in general, CARB withdrew its request to EPA for a waiver for the Advanced Clean Fleets (ACF) regulation on January 13, 2025....more

Allen Matkins

California Bill Would Authorize The Secretary Of State To Revoke Business Licenses, But There Is Just One Problem . . .

Allen Matkins on

In California's continuing war on businesses, a legislator recently introduced a bill to enact the "Polluters Pay Climate Superfund Act of 2025", AB 1243 (Addis).  This bill would establish the a program to be administered by...more

Mintz

Red State AGs Sue New York State in Challenge to Climate Change Superfund Act

Mintz on

In December 2024, the State of New York enacted the “Climate Change Superfund Act,” which would impose retroactive fines on fossil fuel producers for greenhouse gas emissions that contribute to climate change. (New York was...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

Benesch

Colorado LER Reporting Deadline Extended for Brokers, Motor Carriers, Freight Forwarders & Private Fleets

Benesch on

Motor carriers, brokers, freight forwarders and private fleets that are required to comply with Colorado’s new Large Entity Reporting (“LER”) requirement, a relatively unpublicized new regulatory measure in the State of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Some States Prepare for the Expected Rollback of Biden Environmental Regulations

President-elect Trump has said he would reverse his predecessor’s climate policies, withdrawing from the Paris Agreement on greenhouse gas emissions and rescinding some EPA emissions rules....more

Allen Matkins

California Withdraws Clean Air Act Waiver Requests for Vehicle Emissions Standards

Allen Matkins on

On Monday, January 13, 2025, California withdrew requests for Clean Air Act waivers from the EPA needed to support four recently adopted vehicle emissions regulations: 1) the Advanced Clean Fleets Regulations; 2) the In-Use...more

Foley Hoag LLP - Environmental Law

More on Climate Superfund Laws and Litigation

Last week, we posted about New York State’s enactment of the Climate Change Superfund Act. We promised to continue to monitor developments concerning climate superfund legislation and to update readers as necessary. It’s been...more

Foley Hoag LLP - Environmental Law

New York’s Climate Superfund Act Forces Polluters to Fund State Climate Adaptation Projects

With the incoming Trump administration poised for an attack on federal environmental regulations, states are quickly emerging with actions on climate change. On December 26, 2024, New York Governor Kathy Hochul signed into...more

Jones Day

New York Enacts Climate Change Law That Fines Companies for Historical Emissions

Jones Day on

On December 26, 2024, New York enacted a law requiring certain energy companies to contribute cumulatively $75 billion to a climate "superfund" over the next 25 years....more

Foley Hoag LLP - Energy & Climate Counsel

2024 Clean Energy Bill Introduces Embodied Carbon Reduction Plan

This is another installment of our blog series on the landmark 2024 Massachusetts Clean Energy Bill, signed into law on November 21, 2024. Previous posts addressed how the Clean Energy Bill aims to transform the deployment of...more

Schwabe, Williamson & Wyatt PC

Reintroduced California Bill Would Subject Voluntary Carbon Offsets to the State’s False ‎Advertising Law

On February 6, 2024, the California Legislature introduced Senate Bill 1036, which would make certain actions related to voluntary carbon offsets subject to California’s False Advertising Law. Senate Bill 1036 reintroduces...more

Spilman Thomas & Battle, PLLC

Pennsylvania and RGGI – Decision and Resolution

On November 1, 2023, the Commonwealth Court of Pennsylvania, in a five-judge panel decision, issued a long-awaited ruling denying the authority of the executive branch, through the Pennsylvania Department of Environmental...more

Allen Matkins

Sustainable Development and Land Use Update December 2022 #2

Allen Matkins on

California air regulators voted unanimously last Thursday to approve an ambitious plan to drastically cut reliance on fossil fuels by changing practices in the energy, transportation, and agriculture sectors, but critics say...more

Zelle  LLP

Insurer Implications As 3 Climate Suits Return To State Courts

Zelle LLP on

After years of litigation over the proper venue for climate change lawsuits, several federal courts of appeal have recently sent those cases to state courts across the nation, where they are now set to move forward. This...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

Regional US Transportation & Climate Initiative Program Comes to an End

Latham & Watkins LLP on

A multistate cap-and-invest program to reduce carbon emissions from the transportation sector is dead after several participating states pulled out. Less than one year ago, the governors of Massachusetts, Rhode Island,...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

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