State Low Carbon Fuel Standard Outlook
On June 27, 2025, the California Office of Administrative Law (OAL) approved the amended Low Carbon Fuel Standard (LCFS) Regulation, submitted by the California Air Resources Board (CARB) to the OAL on May 16, 2025....more
Stakeholders should anticipate potential delays and market impacts amid the ongoing legal challenges and the Office of Administrative Law’s recent disapproval....more
As delegates from the Indonesian government were in Azerbaijan making headline grabbing announcements at COP29, Baker Botts was pleased to host an evening seminar in Jakarta on 13 November 2024 with a panel of experts sharing...more
One of the Bay Area’s largest reservoirs is about to get bigger thanks to a partnership between local water agencies and the federal government. The San Luis Reservoir Dam, between Los Banos and Gilroy, will be raised 10 feet...more
In a potentially significant development that may impact the economics of aviation, the California Air Resources Board (“CARB”) is proposing a policy, as we previewed in January 2024, to update the state’s Low Carbon Fuel...more
In this episode of our "An Energized Exchange" podcast series by our Energy & Natural Resources Industry Sector Group, attorneys Andy Kriha and Susan Lafferty delve into state low carbon fuel standards, with a detailed look...more
The aviation industry is facing a transformative challenge to step up its efforts to reduce carbon emissions. Increased use of Sustainable Aviation Fuel (SAF) plays a pivotal role in this efforts with its potential to reduce...more
Eight states are currently considering legislation that would require reductions in the carbon intensity of transportation fuel sold in the state, which would substantially increase the demand for renewable fuel and...more
Last week, the Governor of New Mexico signed House Bill 41 (“HB 41”) into law, establishing the Clean Fuel Standard (“CFS”), which, similar to programs in California, Oregon, and Washington, focuses on reducing the carbon...more
In a vote that stretched into the evening, New Mexico’s legislature passed House Bill 41 by a 26-15 vote on February 13. The bill, which establishes a statewide program known as the “Clean Transportation Fuel Standards,”...more
The California Air Resources Board (“CARB”) reviews the state’s Low Carbon Fuel Standard (“LCFS”) program every five years as part of the broader scoping plan required under the California Global Warming Solutions Act. On...more
On December 19, 2023, the California Air Resources Board (“CARB”), which administers the California Low Carbon Fuel Standard (“LCFS”), released a rulemaking package (“Draft Rule”) describing proposed LCFS changes, including...more
Last week, the Internal Revenue Service (“IRS”) and Department of the Treasury published proposed regulations (the “Proposed Regulations”) relating to the tax credit for production of clean hydrogen under Section 45V of the...more
California’s unprecedented AB 1305 law purports to target “greenwashing” by mandating public disclosures about virtually any claim of “significant” carbon reductions, but its broad wording and uncertain effective date raise...more
The Michigan Senate recently introduced legislation in an attempt to join several North American jurisdictions that have established clean fuel standards. The Michigan Clean Fuel Standard aims to reduce the average carbon...more
Like any acquisition, the purchase of a biofuels company should involve substantial due diligence so the buyer can best determine the value of the target’s assets and liabilities, assess the risks associated with its business...more
In the closing weeks of 2022, the California Air Resources Board (“CARB” or “Board”) approved its final 2022 Scoping Plan, which sets forth a detailed roadmap to accelerate the reduction of greenhouse gas (“GHG”) emissions in...more
In an ambitious step toward New York state’s climate goals, the New York State Climate Action Council approved a Scoping Plan on December 19, 2022, which sets forth a series of recommended policies and actions. The 445-page...more
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
On July 28, 2022, a group of environmental nonprofits filed a lawsuit in Washington D.C. Superior Court against a utility alleging that various marketing statements referring to natural gas as “clean,” “carbon...more
On August 16, 2022, President Biden signed the Inflation Reduction Act, creating a law that contains the most significant climate-related incentives in U.S. history. In the few short weeks since the bill was introduced in the...more
Global sales of electric vehicles (“EVs”) more than doubled in 2021 over 2020, from 3 million to 6.6 million, and sales were up 60% in the first quarter of 2022 over the same period in 2021.1 With this explosive growth in the...more
CARB doubles down on LCFS Program and liquid transportation fuels. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update (Draft Scoping Plan) for public review and...more
The Draft 2022 Scoping Plan Update takes an all-of-the-above approach to decarbonize California. On May 10, 2022, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update for public review...more
After extensive collaboration with other state agencies and nearly a year’s worth of public workshops on scoping plan topics and modeling, the California Air Resources Board (CARB) released its Draft 2022 Scoping Plan Update...more