Environment, Land & Resources

Category Archives: Air Quality and Climate Change

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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

New Multi-Target French Climate Energy Package Boosts Objectives

The legislation includes six key measures to cut greenhouse gas emissions and to reach carbon neutrality by 2050. By Paul A. Davies and Michael D. Green The French Parliament has adopted a new climate energy package to tackle the effects of climate change and boost France’s energy transition endeavors to reach carbon neutrality by 2050. … Continue Reading

EU Issues Final Report on Climate Benchmarks and ESG Disclosures

Technical Expert Group recommends minimum requirements for two new benchmarks. By Paul A. Davies and Michael D. Green On 30 September 2019, the EU Technical Expert Group on Sustainable Finance (TEG) published its final report on climate benchmarks and environmental, social, and governance (ESG) disclosures (the Report), as well as a summary of the Report. … Continue Reading

German Government Adopts Climate Action Programme 2030

The Programme includes a new CO2 pricing regime aimed at emissions caused by the building sector and by traffic and transport. By Jörn Kassow On 20 September 2019, the German government adopted the Climate Action Programme 2030, a plan to ensure that Germany achieves its climate protection goals for 2030, including a reduction of greenhouse … Continue Reading

CARB Updates Proposal to Amend SF6 Regulation: Stricter Requirements for California Electrical Equipment

CARB’s revised discussion draft removes a previously proposed de minimis exemption for owners of SF6 GIE. By Aron Potash and Christopher C. Antonacci On August 15, 2019, California Air Resources Board (CARB) staff published a revised discussion draft (Revised Draft) of potential changes to the Regulation for Reducing Sulfur Hexafluoride Emissions from Gas Insulated Switchgear … Continue Reading

Emissions Trading: EC Proposes Key Amendments to the Auctioning Regulation

The public consultation on adjusting the GHG emission allowance auction process for 2021-2030 is open for comment until August 6. By Joern Kassow and Alexander Wilhelm In order to deepen cooperation in the energy sector and to build up a stronger Energy Union, the European Parliament and the Council revised Directive 2003/87/EC (ETS Directive) in … Continue Reading

European Commission Publishes New Guidelines on Corporate Climate-Related Reporting

The guidelines, along with three new reports on green finance, demonstrate the European Commission’s intent in respect of meeting its Paris Agreement targets. By Paul A. Davies, Michael D. Green and Clément Pradille On June 18, 2019, the European Commission (Commission) published new guidelines on corporate climate-related information reporting, as well as three new reports … Continue Reading
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