Tag Archives: climate change

Environmental aspects of the Inflation Reduction Act of 2022

Introduction President Biden signed the Inflation Reduction Act of 2022 (the Act) into law on August 16, 2022.  The Act represents an expansive investment in the energy industry, with many provisions targeting clean energy and climate change issues through funding and tax credits.  However, several notable provisions from an environmental permitting and compliance standpoint are … Continue Reading

EPA Proposes Expansive Changes to EPA RMP Rule

As anticipated, on Friday the U.S. Environmental Protection Agency (EPA) issued a proposed Risk Management Program (RMP) Safer Communities by Chemical Accident Prevention rule pursuant to the Clean Air Act. The proposed rule would reinstate certain provisions newly introduced to the RMP rule (originally promulgated in 1991) late in the Obama administration and subsequently removed … Continue Reading

California Clean Hydrogen Bill Targets Alternative Energy Sources for Expansion

A new “Clean Hydrogen Bill” (SB 1075, Skinner) has been introduced in the California Legislature as a means of achieving the State’s goals for reducing greenhouse gas emissions and mitigating climate change. If passed, this bill would significantly increase the emphasis on “green hydrogen” as an alternative fuel in California’s economy, opening up material business … Continue Reading

The U.S. Army Corps of Engineers pauses certain Section 404 nationwide permits

On November 4, 2021, the Army Corps of Engineers (ACOE) announced that it is pausing all requests for coverage under 12 nationwide permits (NWPs) issued earlier this year, including widely used permits for utility and oil and gas projects, among others.   The announcement followed a California district court’s decision vacating the Section 401 Water Quality … Continue Reading

Post-COP26: A follow-up briefing on key business issues

Prior to COP26, we published an article that identified several issues being discussed at COP26 that could be of critical importance to business. During COP26, we followed the developments of these issues in a special Viewpoints series. And now that COP26 is concluded, people are asking: What impact did it have? Where does the world … Continue Reading

IPCC releases a portion of updated Climate Report

The first installment of the UN’s Intergovernmental Panel on Climate Change  (IPCC) Sixth Assessment Report (AR6), which will be completed in 2022, was released on August 9, 2021.  As it has in the run up to previous important Conferences of the Parties (COPs) under the UNFCCC, the IPCC released an updated report in the middle … Continue Reading

Electrifying transportation network companies in CA: Updates to SB 1014’s Clean Miles Standard + Incentive Program

As we reported, the California Legislature passed SB 1014 – the Clean Miles Standard and Incentive Program (the “Clean Miles Program”) – to reduce greenhouse gas emissions from “rideshare” vehicles. This led to the creation of the Clean Miles Standard regulation, which the California Air Resources Board (“CARB”) fully adopted in May 2021 after receiving stakeholder … Continue Reading

Biden’s Transportation Plan

Using his Presidential platform, Joe Biden announced his Build Back Better Plan, “a national effort aimed at creating the jobs we need to build a modern, sustainable infrastructure now and deliver an equitable clean energy future.” As part of this plan, Biden intends to make a $2 trillion accelerated investment to set the United States … Continue Reading

Supreme Court Update: Supreme Court reaches decisions on HollyFrontier and PennEast Pipeline cases

On Friday, June 25, 2021, the U.S. Supreme Court reversed a Tenth Circuit Court decision that had vacated an Environmental Protection Agency (“EPA”) exemption relieving small refineries from the fuel blending requirements of the Renewable Fuel Program (“RFP”), codified by 42 U.S.C. § 7545(o). The decision represents a huge victory for small refineries. In an … Continue Reading

Advanced Clean Trucks Rule — California announces extension of large entity reporting deadline

As we reported last year, the California Air Resources Board (“CARB”) adopted the Advanced Clean Trucks regulation to support its efforts to reduce air pollutants and meet state climate change targets.  The regulation has a one-time reporting requirement for large entities that operate or dispatch vehicles in California with a manufacturer’s gross vehicle weight rating … Continue Reading

The fall of Trump’s Affordable Clean Energy Rule and the strengthened EPA authority to regulate greenhouse gases

On January 19, 2021, in a 2-1 decision, the D.C. Circuit Court vacated the Trump administration’s 2019 Affordable Clean Energy (ACE) Rule and remanded it to the U.S. Environmental Protection Agency (EPA). The decision offers a strong statement about EPA’s breadth of authority to regulate greenhouse gases (GHGs) under the Clean Air Act (CAA) and, … Continue Reading

ICYMI: California to conserve land, coasts to capture carbon and fight climate change

California has joined dozens of nations in a global pact to preserve biodiversity and prevent species loss by pledging to conserve 30 percent of the state’s land and coastal water by 2030 (“30 by 30”).  Governor Gavin Newsom signed the executive order earlier this month, which also directs the state to streamline approval of land restoration … Continue Reading
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