California lawmakers recently took a step towards regulating the integrity of carbon dioxide removal (CDR) strategies. If the law passes, it will impact carbon emissions reporting and compliance activities in California. Senate Bill 285 (SB 285), which is set for a hearing on April 2, 2025, aims to establish standards for CDR strategies to ensure
EPA to Roll Back 31 Environmental Rules
Yesterday, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the agency will undertake 31 historic actions in the “greatest and most consequential day of deregulation in U.S. history,” mostly aimed at reducing or eliminating regulations regarding air pollution, energy production for coal plants, and DEI.
Of these actions, one of the most consequential is rolling
Trump Administration Attempts Another Overhaul of NEPA
Background
The Council on Environmental Quality (CEQ) published an interim final rule (Rule) in the Federal Register that removes its regulations implementing the National Environmental Policy Act (NEPA) at 40 CFR § 1500 et seq., effective April 11, 2025. CEQ seeks comments on the Rule to inform its decision process, due March 27, 2025.
NEPA is
The Biden Administration and U.S. Agencies Publish a Joint Policy Statement and Principles on Voluntary Carbon Markets
Action
On May 28, 2024, the U.S. Departments of Treasury, Agriculture, Energy, and White House representatives published a joint Policy Statement on voluntary carbon markets (VCMs). The Policy Statement sets out seven principles to guide engagement with VCMs, and the principles are designed to ensure that VCMs are effective, fair, and equitable, and instill market
U.S. Environmental Protection Agency Designates Two PFAS Compounds as Hazardous Substances Under CERCLA
Introduction
On April 19, 2024, the Environmental Protection Agency (EPA) announced a final rule adding perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) to the list of hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as the “Superfund” statute. This designation, which had been expected for several years
SEC Approves Long Awaited Climate Disclosure Rules
On March 6, 2024, the Securities and Exchange Commission (“SEC”) approved the long awaited and controversial Climate-Related Disclosure Rules. The proposed rules were originally published in March 2022 and have undergone significant revisions since then. Per the SEC, “The final rules will become effective 60 days following publication of the adopting release in the Federal Register, and compliance dates for the rules will be phased in for all registrants, with the compliance date dependent on the registrant’s filer status.” While the final rules will be phased in over the next decade, certain parts are set to take effect for large companies in 2025.
Under the landmark final rules, registrants, which includes large accelerated filers, accelerated filers, and non-accelerated filers, will have to disclose Scope 1 and 2 emissions that have a “material” impact on their business strategy, results of operations, or financial condition. Additionally, the rules require registrants to disclose the following:
- Where a registrant has undertaken activities to mitigate or adapt to a material climate-related risk, a quantitative and qualitative description of material expenditures that directly result from such mitigation or adaptation activities;
- A registrant’s activities, if any, to mitigate or adapt to a material climate-related risk including the use, if any, of transition plans, scenario analysis, or internal carbon prices;
- Any oversight by the board of directors of climate-related risks and any role by management in assessing and managing the registrant’s material climate-related risks;
- Any processes the registrant has for identifying, assessing, and managing material climate-related risks and, if the registrant is managing those risks, whether and how any such processes are integrated into the registrant’s overall risk management system or processes;
- Information about a registrant’s climate-related targets or goals, if any, that have materially affected or are reasonably likely to materially affect the registrant’s business, results of operations, or financial condition;
- The capitalized costs, expenditures expensed, charges, and losses incurred as a result of severe weather events and other natural conditions; and
- The capitalized costs, expenditures expensed, and losses related to carbon offsets and renewable energy credits or certificates if used as a material component of a registrant’s plans to achieve its disclosed climate-related targets or goals.
Continue Reading SEC Approves Long Awaited Climate Disclosure Rules
EPA Targets PFAS in RCRA Rulemakings
On January 31, 2024, EPA published a press release announcing the impending publication of two proposed rules relating to PFAS and the Resource Conservation and Recovery Act (RCRA): (1) “Definition of Hazardous Waste Applicable to Corrective Action from Solid Waste Management Units” and (2) “Listing of Specific PFAS as Hazardous Constituents.”
Definition of Hazardous
In Light of Sackett, EPA Announces “Revised Definition of ‘Waters of the United States’” Rule
On August 29, 2023, the Environmental Protection Agency (EPA) announced its final Waters of the United States (WOTUS) rule. The new WOTUS rule makes major changes to clarify which wetlands are protected under the Clean Water Act (CWA). The new WOTUS rule is a direct response to the Supreme Court’s Sackett v. EPA decision, which
A Nation Divided: The ESG Fight at the Federal and State Level
What is “ESG”?
“ESG” is perhaps the most divisive acronym of this year’s legislative session. But what does it mean?
“Environmental, Social, Governance” is a framework used to evaluate investments and business decision’s impacts on the environment and society. ESG criteria considers things like a company’s carbon footprint and employee wellbeing. ESG practices are being
Federal Hydrogen Fuel Bills Summary
As economies pivot away from reliance on petroleum, the use of hydrogen is increasingly considered as a key component in a portfolio of alternative fuels and developing technologies to reduce greenhouse gas emissions. This is the first of a multi-part blog series on federal and state legislation being considered to stimulate “energy transition.” This blog