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Finch v. Surrey calls for assessment of all likely direct and indirect environmental effects in EIAs, including certain Scope 3 emissions if a reasonable estimate is feasible.

By Paul A. Davies, Michael D. Green, Stephanie Forrest, and James Bee

On 20 June 2024, the UK Supreme Court (the Court) in Finch v. Surrey CC [2024] UKSC 20 considered whether certain downstream emissions fell within the scope of direct or indirect environmental effects for the purposes of an…

Coastal Temperate Rain Forest

The joint policy statement and principles provide integrity standards for carbon credits that both the US government and participants in the voluntary carbon market should aim to follow.

By Jean-Philippe Brisson, Michael Dreibelbis, Tal Carmeli, and Phil Goldberg

On May 28, 2024, the Biden Administration released the Voluntary Carbon Markets Joint Policy Statement and Principles for Responsible Participation in Voluntary Carbon Markets (the VCM Policy). The VCM Policy is co-signed by US Secretary of the Treasury Janet Yellen, US Secretary of Agriculture Tom Vilsack, US Secretary of Energy Jennifer Granholm, International Climate Policy Senior Advisor John Podesta, National Economic Advisor Lael Brainard, and National Climate Advisor Ali Zaidi.

The VCM Policy represents the executive branch of the US government’s position with respect to the role of the voluntary carbon market (VCM) in supporting decarbonization efforts in the United States and globally. This announcement is significant and timely because it was released at a time when some have questioned whether voluntary carbon credits are an appropriate tool for reducing greenhouse gas (GHG) emissions.

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EPA will regulate legacy CCR surface impoundments and CCR Management Units for the first time.

By Stacey L. VanBelleghem, Karl A. Karg, Phil Sandick, Jacqueline Zhang, Bruce Johnson, and Samuel Wallace-Perdomo

On April 25, 2024, EPA released its Final Rule to extend certain requirements governing the disposal of coal combustion residuals (CCR) in inactive surface impoundments at inactive power plants (referred to as “legacy CCR surface impoundments” or “legacy ponds”) and CCR Management Units (CCRMU), a…

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The rule, covering 218 organic chemical and polymer manufacturing plants, imposes stringent emission limits on six chemicals without exemptions for startup, shutdown, and malfunction.

By Karl Karg, Phil Sandick, and Nate Gelfand-Toutant

On April 9, 2024, the US Environmental Protection Agency (EPA) issued a final rule amending the Clean Air Act New Source Performance Standards (NSPS) that apply to emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI). The rule also finalizes amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) that apply to the SOCMI (also called the Hazardous Organic NESHAP or HON) and to Group I and II Polymers and Resins Industries (P&R I and P&R II). Some of these amendments include updates to the maximum available treatment technology (MACT) standards, including those addressing heat exchange systems, storage vessels, and process vents, depending on the source category.

The rule will be effective 60 days after publication in the Federal Register but will likely be challenged.

California Aqueduct

We analyze the key CEQA cases from 2023 and their impact on development in California.

By Marc Campopiano, Jennifer Roy, Winston Stromberg, Kevin Homrighausen, and Natalie Rogers

In 2023, the California Supreme Court and the Courts of Appeal issued 53 published and unpublished California Environmental Quality Act (CEQA) opinions.

As part of Latham’s annual CEQA webcast series, our Environment, Land & Resources lawyers reviewed each judicial opinion in 2023, highlighting key cases and their practical lessons…