Environment, Land & Resources

Category Archives: Energy Regulatory

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US Nuclear Regulatory Commission Certifies First Small Modular Nuclear Reactor Design

The move represents a step forward for the small modular nuclear reactor industry, but legislative uncertainty over new nuclear facilities in the US remains. By Marc Campopiano, Lucas Quass, and Shawna Strecker As part of long-range plans to address climate change, many states have adopted policies to spur the transition to a low-carbon future. Renewable … Continue Reading

Unprecedented Buildout of Renewables and Transmission Necessary for California Decarbonization

The state must dramatically expand its energy infrastructure and renewable energy sources to satisfy growing demand for electricity while meeting ambitious climate goals, according to California Independent System Operator’s Draft 2022-2023 Transmission Plan. By Marc Campopiano, Joshua Bledsoe, Julie Miles, and Shawna Strecker California has committed to ambitious carbon reduction targets and pledged to become … Continue Reading

BOEM Floats Proposal to Modernize Offshore Wind Regulations

A new proposal aims to streamline the process for permitting and developing offshore renewable energy projects and reduce costs to developers. By Janice Schneider, Nikki Buffa, Nathaniel Glynn, and Brian McCall On January 30, 2023, the Bureau of Ocean Energy Management (BOEM) published a new proposed rule to update the agency’s regulations governing renewable energy … Continue Reading

California Expands State Agency Authority to Spur Clean Energy and Bolster Grid Reliability

A controversial new law gives the California Energy Commission authority over clean energy projects and authorizes the Department of Water Resources to fund new energy sources and extend the life of existing power plants. By Marc Campopiano, Nikki Buffa, Michael Navarrete-Carroll, Josh Bledsoe, and Kevin Homrighausen Last week, Governor Gavin Newsom and lawmakers negotiated and … Continue Reading

European Commission Releases Legislative Package to Meet Emissions Target

The package aims to deliver on the targets agreed in the European Climate Law and fundamentally transform the EU’s economy and society for a greener future. By Paul A. Davies, Nicola Higgs, David Little, Elisabetta Righini, JP Sweny, and Michael D. Green On 14 July 2021, the European Commission (the Commission) unveiled a long-awaited package … Continue Reading

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

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

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

EPA Will Not Require Financial Assurances From Electric Power Sector

EPA’s decision to forego financial requirements will likely face opposition by eNGOs. By Claudia M. O’Brien and Stacey L. VanBelleghem On July 2, 2019, the US Environmental Protection Agency (EPA) published its proposed decision not to impose new financial responsibility requirements on the Electric Power Generation, Transmission, and Distribution industry under Section 108(b) of the … Continue Reading

6 Things to Know about EPA’s Final ACE Rule

In a significant and potentially precedent-setting action, EPA terminates the Clean Power Plan, narrows the scope of required controls to the regulated unit, and axes previously available compliance options. By Stacey L. VanBelleghem and Robert A. Wyman On June 19, 2019, the US Environmental Protection Agency (EPA) released its final Affordable Clean Energy (ACE) Rule … Continue Reading

2012 German Law on Renewable Energy Does Not Constitute State Aid

ECJ ruling provides EU Member States more flexibility in designing the promotion of renewable energies. By Jörn Kassow, Alexander Wilhelm, and Apostolos Papadimitriou  The European Court of Justice (ECJ) recently ruled that the German Renewable Energy Act of 2012 (Erneuerbare-Energien-Gesetz – EEG 2012) did not constitute State aid (C-405/16 P). The ECJ found that the support … Continue Reading

China Aims to Boost Investment in Clean Energy

The Green Industry Guidance Catalogue attempts to provide consistent nationwide guidelines for green industries and projects. By Paul A. Davies and R. Andrew Westgate Background On 6 March 2019, seven Chinese regulatory agencies issued the Green Industry Guidance Catalogue (the Catalogue) listing “green industries” that are eligible for funding with green bonds. The seven agencies … Continue Reading

German Government Commission Agrees to Phase Out Coal Power Plants by 2038

The Coal Commission’s phase-out proposal includes a €40 billion federal spending package for affected states. By Jörn Kassow and Patrick Braasch A German government-appointed body, known colloquially as the “Coal Commission”, has agreed to end coal-fired power generation by 2038. In an effort to meet Germany’s climate goals under the Paris Agreement, the Coal Commission … Continue Reading

GIS Owners in California Must Comply With SF6 Regulation

Gas-insulated switchgear owners face easy-to-miss, CARB-enforced emissions requirements. By JP Brisson, Aron Potash, R. Andrew Westgate, Kimberly D. Farbota, and Christopher C. Antonacci Since 2011, the California Air Resources Board (CARB) has regulated sulfur hexafluoride (SF6) emissions from gas-insulated switchgears (GIS). CARB’s SF6 Regulation applies to all entities that own GIS, including many entities that … Continue Reading

5 ‘Innovations’ From California Increase Public Utility Regulatory Risk

Recent activity by the California Public Utilities Commission should cause public utility managers and counsel everywhere to take notice. By Charles C. Read The California Public Utilities Commission (CPUC) has the biggest staff of any state utilities commission. It has issued fines and penalties in excess of US$1 billion; it has enforced the state’s renewable … Continue Reading

UPDATE: LCFS Standards for Diesel and Diesel Substitutes to Revert to Schedule Specified in LCFS Regulation January 1, 2019

California Air Resources Board lifts freeze on Low Carbon Fuel Standard. By Joshua T. Bledsoe and Kimberly D. Farbota On December 7, 2018, the California Air Resources Board (CARB) issued Regulatory Guidance Document 18-02 which lifts the freeze on Low Carbon Fuel Standard (LCFS) diesel and diesel substitute targets previously enacted by CARB in 2017 … Continue Reading

Why EPA’s Proposed CO2 Standards for New Power Plants Matter

EPA’s proposed standards have important implications, even though few coal plants are slated for development. By Joel C. Beauvais and Stacey L. VanBelleghem Background On December 6, the US Environmental Protection Agency (EPA) signed a proposed rule to establish new source performance standards (NSPS) under Clean Air Act Section 111(b) for carbon dioxide (CO2) emissions … Continue Reading

Webcast – California’s 100% Zero Carbon Future: How SB 100 and EO B-55-18 Will Impact Businesses and Projects

Latham lawyers discuss the business implications of the new legislation. By Tommy P. Beaudreau, Marc T. Campopiano, Michael J. Gergen, Joshua T. Bledsoe, and Jennifer K. Roy Senate Bill 100, signed into law by Governor Jerry Brown on September 10, 2018, aims to raise California’s already ambitious renewable energy standards by 2030, with an ultimate … Continue Reading

7 Takeaways From California’s Extension of the Low Carbon Fuel Standard

By Joshua T. Bledsoe and Kimberly D. Farbota On September 27, 2018, the California Air Resources Board (CARB) passed Resolution 18-34, extending the Low Carbon Fuel Standard (LCFS) Program to 2030 and making significant changes to the design and implementation of the Program. This blog outlines seven takeaways for market participants and stakeholders. 1. CARB … Continue Reading
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