Environment, Land & Resources

Category Archives: Air Quality and Climate Change

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TCI Program Established to Reduce Carbon Emissions From Transportation

The program will include a multi-jurisdictional cap-and-invest program and aims to address environmental justice and equity concerns. By Jean-Philippe Brisson, Joshua T. Bledsoe, Benjamin Einhouse, and Brian McCall On December 21, 2020, the Governors of Massachusetts, Rhode Island, and Connecticut, as well as the Mayor of the District of Columbia, announced that their respective jurisdictions … Continue Reading

Financial Services Trade Organizations Publish Principles for Regulatory Sustainability Transition

The principles are intended to guide the industry’s engagement with policymakers concerning the ongoing economic transition away from carbon. By Paul A. Davies, Jason C. Ewart, and Edward R. Kempson The US Climate Finance Working Group, a group of leading financial services trade associations, has published “Financing a US Transition to a Sustainable Low-Carbon Economy” … Continue Reading

CARB Steers Clean Miles Standard Toward Formal Rulemaking

The agency has further strengthened electrification targets and provided additional details on compliance options for Transportation Network Companies. By Joshua T. Bledsoe, Charles C. Read, and Jen Garlock The California Air Resources Board (CARB) is developing the Clean Miles Standard and Incentive Program (Clean Miles Standard), a first-of-its kind regulation designed to reduce greenhouse gas … Continue Reading

UK to Establish Net Zero Emissions Trading Scheme

The newly published Energy White Paper establishes a domestic trading scheme and sets out plans to clean out energy.  By Paul A. Davies and Michael D. Green On 14 December 2020, the UK Government published its Energy White Paper (the Paper). The Paper builds on previous green economy plans, setting them “in a long-term strategic … Continue Reading

Task Force on Climate-related Financial Disclosures Publishes 2020 Status Report

The annual report shows a considerable uptake in the adoption of climate-centred financial disclosures. By Paul A. Davies and Michael D. Green The Task Force on Climate-related Financial Disclosures (TCFD) published its Annual Report on TCFD-aligned disclosures by firms (Annual Report), on 29 October 2020. The TCFD was established by the Financial Stability Board (FSB) … Continue Reading

Financial Reporting Council’s Climate Thematic Report Encourages Better Practices in Climate-Change Reporting

The FRC prompts boards, companies, and auditors to improve responses to climate change challenges through improved governance structure and narrative reporting. By Paul A. Davies and Michael D. Green On 10 November 2020, the Financial Reporting Council (FRC) published its findings (the Report) on its thematic review undertaken in 2020, concerning climate-related considerations that various … Continue Reading

EU Commission to Adopt a Regulation on Batteries, Energy Storage, and Electric Vehicle Batteries

The Initiative aims to promote sustainability in both the batteries value chain and the growing electric vehicle market. By Paul A. Davies and Federica Rizzo On 28 May 2020, the European Commission (EC) published its Inception Impact Assessment (IIA) to modernize the EU’s batteries legislation, in particular Directive 2006/66/EC of 6 September 2006 on batteries … Continue Reading

UK Publishes Proposed Emissions Trading System

The proposals outline the potential new UK system after Brexit, which could be linked to the EU Emissions Trading System.  By Paul Davies and Michael Green On 1 June 2020, the UK’s Department for Business, Energy and Industrial Strategy (BEIS) published proposals outlining a new UK-wide Emissions Trading System (UK ETS) contained within a response … Continue Reading

Aftermarket Defeat Devices and the Clean Air Act – Are Citizen Suits A Threat?

A recent federal court decision in Utah renews the question of whether defeat device and tampering prohibitions constitute “an emission standard or limitation”. By Arthur F. Foerster A non-profit citizen group, Utah Physicians for a Healthy Environment, is seeking nearly US$1.5 million in costs and attorneys’ fees after successfully prosecuting a citizen action in Utah federal … Continue Reading

EU Commission Sets out Major Climate and Sustainability Proposals

The EU Commission aims to enshrine into law the 2050 climate-neutrality target and has taken further steps to establish a unified EU “green” classification system. By Paul A. Davies, Michael D. Green, and Federica Rizzo The European Green Deal, presented on 11 December 2019, provides a roadmap with actions aimed at boosting the efficient use of resources and the … Continue Reading

FAQ: EU Commission’s New Circular Economy Action Plan

The Action Plan is part of the European Green Deal promoting actions to boost the efficient use of resources by moving to a cleaner and more competitive Europe. By Paul A. Davies, Michael D. Green and Federica Rizzo On 11 March 2020, the European Commission published its Communication to the European Parliament, the Council, the European … Continue Reading

Judicial Review of Heathrow Expansion Is Successful on Climate Change Grounds

The Airports National Policy Statement is ruled illegal as a result of government failure to take account of its Paris Agreement commitments. By Paul A. Davies and Michael D. Green In R (Plan B Earth and Others) v. Secretary of State for Transport and others, the Court of Appeal in England (the Court) heard an … Continue Reading

EU Launches €1 Trillion European Green Deal Investment Plan

The European Commission has also established a mechanism to assist the transition of regions that will be more profoundly impacted by the 2050 carbon-neutrality target. By Paul A. Davies and Michael D. Green On 11 December 2019, the European Union announced that it would enshrine into legislation its goal to achieve carbon neutrality by 2050 … Continue Reading

Dutch Supreme Court Confirms Government’s Obligation to Reduce Emissions

Court finds the Netherlands’ 20% greenhouse gas emissions target to be unacceptable, citing the UN Framework Convention on Climate Change and the ECHR. By Paul A. Davies and Michael D. Green On 20 December 2019, the Dutch Supreme Court upheld the Court of Appeal ruling in the Urgenda case, determining that the Dutch State was … Continue Reading

IMO 2020: New Shipping Fuel Requirements Enter Into Force

Ship owners face increased compliance costs with lowering of sulphur oxide limit for shipping fuels. By Paul A. Davies and Michael D. Green January 1, 2020 marked the implementation of the new sulphur oxide limit for shipping fuel imposed by the International Maritime Organisation under the MARPOL Convention, often referred to as IMO 2020. IMO … Continue Reading

Carbon Capture Updates From the COP 25

Non-governmental organizations release new studies and reports on new developments in carbon capture, usage, and storage technology. By Jean-Philippe Brisson, Christopher G. Cross, Paul J. Hunt, Eli M. Katz, Joshua T. Bledsoe, Benjamin W. Einhouse, and Taylor R. West At the 25th annual Conference of Parties (COP 25) United Nations Climate Summit, held in December … Continue Reading

EU Commission Formally Announces European Green Deal

Analysing whether the new Green Deal policies will help the EU achieve climate neutrality.  By Paul A. Davies and Michael D. Green On 11 December 2019, the European Commission adopted the European Green Deal (Green Deal), initially proposed earlier in the year by the Commission’s President Ursula von der Leyen. The Commission also presented a … Continue Reading

TCI Releases Framework for Draft Policy to Reduce GHG Emissions From Transportation

Under the TCI program, fuel suppliers would be required to hold allowances to cover their reported emissions. By Jean-Philippe Brisson, Joshua T. Bledsoe, and Benjamin W. Einhouse The Transportation & Climate Initiative (TCI), a regional collaboration of Northeast and Mid-Atlantic states and the District of Columbia, has advanced its program to reduce greenhouse gas (GHG) … Continue Reading

Air District Targets Southern California Logistics Industry

A local air district is developing a rule that would require both existing and proposed warehouses to reduce trucking emissions or pay a mitigation fee. By Joshua T. Bledsoe The South Coast Air Quality Management District (SCAQMD or District) is developing a so-called Indirect Source Rule (ISR) that would require Southern California warehouses to reduce … Continue Reading
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