We discuss key regulatory trends and strategies to consider when pursing US transmission and interconnection opportunities. By Tyler Brown, Marc T. Campopiano, and Jennifer K. Roy Renewable energy production has grown at an exponential clip over the past decade, with continued strong expansion expected because of declining costs, numerous governmental incentives, and long-term decarbonization policies. … Continue Reading
The agency’s two recent actions introduce enhanced restrictions on hydrofluorocarbons and provide a series of compliance dates for industry stakeholders. By Stacey VanBelleghem and Jennifer Garlock On October 5, 2023, the US Environmental Protection Agency (EPA) issued two rules, one final and one proposed, to phase down hydrofluorocarbons (HFCs) under the bipartisan American Innovation and … Continue Reading
The framework claims to set the “gold standard” for companies to contribute to the net zero transition while emphasising ambition, action, and accountability. By Paul A. Davies, Michael D. Green, and James Bee The UK Transition Plan Taskforce (TPT) launched its transition plan disclosure framework (the Framework) at the London Stock Exchange on 9 October 2023. The Framework … Continue Reading
Regulators are pursuing steep fines in response to widespread alleged noncompliance with an emissions rule still subject to potential reversal by the courts. By Joshua T. Bledsoe, James Friedland, and Jennifer Garlock Key Points: On September 20, 2023, the South Coast Air Quality Management District (SCAQMD or the District) announced an enforcement initiative for Rule … Continue Reading
The draft New Measure aims to enhance the environmental integrity of China’s carbon market by introducing new requirements for project registration and credit issuance. By Paul A. Davies, Jean-Philippe Brisson, Michael Dreibelbis, and Qingyi Pan China is preparing to relaunch its carbon credits program, the Chinese Certified Emission Reduction (CCER) Scheme, after suspending the program … Continue Reading
The adoption of the standards marks a key milestone for reporting under the CSRD. By Paul A. Davies, Michael D. Green, and James Bee On 31 July 2023, the European Commission (Commission) adopted the European Sustainability Reporting Standards (ESRS),[1] following a four week-long public consultation period. Background to the CSRD and ESRS The ESRS represent … Continue Reading
Following the publication of the ISSB Standards, the IFRS Foundation will take over monitoring of companies’ climate progress from 2024. By Paul A. Davies, Michael D. Green, and James Bee On 10 July 2023, the International Sustainability Standards Board (ISSB) and Financial Stability Board (FSB) announced that the IFRS Foundation (the organisation that founded the … Continue Reading
The regulation aims to minimise the EU’s contribution to deforestation and forest degradation. By Paul A. Davies, Michael D. Green, and James Bee The European Deforestation Regulation (EUDR) entered into force on 29 June 2023, following publication in the Official Journal of the European Union. However, the main requirements and prohibitions of the EUDR will … Continue Reading
The reform mainly focuses on streamlining and narrowing the scope of environmental review at the federal level. By Janice Schneider, Nikki Buffa, Devin O’Connor, and Kevin Homrighausen On June 3, 2023, President Biden signed legislation implementing the bipartisan debt ceiling and budget agreement as the “Fiscal Responsibility Act of 2023.” As part of this legislation, … Continue Reading
EPA’s long-awaited proposal would set aggressive emission reduction targets with many different approaches and timelines to achieve them. By Stacey L. VanBelleghem and Jennifer Garlock On May 11, 2023, the US Environmental Protection Agency (EPA) released its proposed rule[1] to regulate carbon dioxide (CO2) emissions from electric generating units (EGUs) at power plants under Section … Continue Reading
As part of the European Green Deal ambitions, the proposal encourages sustainable consumption through additional incentives to repair products to reduce waste and emissions. By Paul A. Davies, Michael D. Green, and James Bee On 22 March 2023, the European Commission (Commission) adopted a new proposal on common rules promoting the repair of goods (the … Continue Reading
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
The Plan aims to “simplify, accelerate and align incentives to preserve the competitiveness and attractiveness of the EU as an investment location for the net-zero industry”[1]. By Paul A. Davies, Michael D. Green, and James Bee On 1 February 2023, the European Commission (Commission) presented a proposal for a Green Deal Industrial Plan for the Net-Zero Age (the … Continue Reading
The advanced notice of proposed rulemaking signals DOI’s interest in developing faster and more cost-effective methods to quantify natural resource damage claims. By Kegan A. Brown, Gary P. Gengel, G. Jack Mathews, and Thomas C. Pearce On January 18, 2023, the US Department of the Interior (DOI) Office of Restoration and Damage Assessment issued an … Continue Reading
The notice is another step in EPA’s PFAS Strategic Roadmap and emphasizes potential CERCLA enforcement. By Kegan A. Brown, Gary P. Gengel, Thomas C. Pearce, and Taylor R. West On January 12, 2023, the US Environmental Protection Agency (EPA) issued a notice to solicit public comments on its National Enforcement and Compliance Initiatives (NECI) for … Continue Reading
EPA adopts final rule, effective February 13, 2023, establishing ASTM E1527-21 as the standard for satisfying AAI requirements and phasing out ASTM E1527-13. By Aron Potash, Josh Marnitz, Phil Sandick, and Bruce Johnson On December 15, 2022, the US Environmental Protection Agency (EPA) amended its rule for conducting “All Appropriate Inquiries” (AAI) under the Comprehensive Environmental Response, Compensation … Continue Reading
The updated Green Guides will likely impact legal liability for environmental marketing claims in the years to come. By Jean-Philippe Brisson, Paul A. Davies, Sarah E. Fortt, Julia A. Hatcher, Betty M. Huber, Robin M. Hulshizer, Michael Dreibelbis, Michael D. Green, Danny Dvorak, Brett Frazer, Austin J. Pierce, Angela Walker, and Jacqueline Y. Zhang Latham … Continue Reading
The Council’s position includes a number of differences from the European Commission’s original proposal, including in relation to the requirement to diligence the broader value chain. By Paul A. Davies, Michael D. Green, and James Bee On 30 November 2022, the European Council (the Council) — which comprises the views of the EU Member State governments … Continue Reading
The adopted position would mean that financial institutions fall under the remit of the regulation, requiring them to conduct additional due diligence on both established and new customers. By JP Sweny, Michael Green, James Bee, and Vanessa McLellan On 13 September 2022, the European Parliament voted to adopt its position in relation to the European … Continue Reading
The outcome of the review may signal what climate-related laws and policies to expect in the UK in the coming years. By Paul A. Davies, Michael D. Green, and James Bee On 8 September 2022, newly appointed UK Prime Minister Liz Truss announced that Chris Skidmore MP, a Member of Parliament and former minister of energy and clean growth, … Continue Reading
Mobile device manufacturers may be subject to regulations that aim to mitigate the environmental impact of such devices. By Paul A. Davies, Michael D. Green, and James Bee On 31 August 2022, the European Commission published draft “ecodesign” regulations covering various components of smartphones and tablets, seeking to improve the environmental performance of these products. Proposed Ecodesign Requirements Under … Continue Reading
The Guidance Note aims to support Equator Principles Financial Institutions navigating the environmental and social due diligence process. By James R. Barrett, Joshua W. Marnitz, and Malorie R. Medellin In July 2022, the Equator Principles Association published a Guidance Note on how to apply the latest iteration of the Equator Principles (EP), EP4, during the … Continue Reading
The guidance sends a signal that carbon capture and sequestration remains a focus of the current administration’s decarbonization efforts. By Janice Schneider, Nikki Buffa, Josh Bledsoe, Nathaniel Glynn, and Kevin Homrighausen On June 8, 2022, the US Department of the Interior’s (Interior) Bureau of Land Management (BLM) issued new guidance[1] that outlines the use of … Continue Reading
Public agencies prevailed in 71% of CEQA cases analyzed. By James L. Arnone, Daniel P. Brunton, Nikki Buffa, Marc T. Campopiano, Peter J. Gutierrez, John C. Heintz, Lauren E. Paull, Aron Potash, Lucas I. Quass, Natalie C. Rogers, Jennifer K. Roy, and Winston P. Stromberg Latham & Watkins is pleased to present its fifth annual … Continue Reading
