Latham lawyers discuss the forces driving transformation in the market and the key legal and regulatory issues. By Tommy Beaudreau, Joel Beauvais, Joel Mack, Ryan Maierson, and Janice Schneider Water management is becoming increasingly critical amid increasing oil and gas production in the Permian Basin and other regions of the United States. In particular, many … Continue Reading
Relief from the mandatory scheme will reduce the administrative burden on non-energy intensive companies. By Paul A. Davies and Michael D. Green The Carbon Reduction Commitment (CRC) — which first came into operation on 1 April 2010 — will be abolished at the end of the 2018-19 compliance year, pursuant to the CRC Energy Efficiency … Continue Reading
The California Assembly is expected to vote this summer to establish increased renewable energy targets and set a target of 100% clean energy by 2045. By Marc T. Campopiano, Jennifer K. Roy, Diego Enrique Flores SB 100, Senator Kevin De Leon’s renewable energy bill, would increase California’s already ambitious renewable energy standards by 2030 with … Continue Reading
Building owners and developers will need to provide energy performance certificates for buildings. By Paul A. Davies and Michael D. Green The European Union has published a directive aimed at improving building energy efficiency and reducing carbon emissions. EU Member States are required to transpose the directive (Directive (EU) 2018/844) by March 10, 2020. The … Continue Reading
The EU has agreed that one third of energy use should be from renewable sources and encourages the use of renewable electricity or biofuels sourced from waste rather than crops. By Paul A. Davies and Michael D. Green After 18 months of negotiations, the EU has increased its renewable energy target from 27% to 32% … Continue Reading
The Innovation Fund will promote advanced low-carbon technologies to reduce greenhouse gas emissions and promote decarbonisation. By Paul A. Davies and Michael D. Green By the end of 2018, the European Commission will set up an Innovation Fund (the Fund) to aid decarbonisation. To achieve this, the European Commission will amend the EU Emissions Trading … Continue Reading
Increased manufacturing offshoring and industrial activity may prevent China from reaching its commitments, despite a booming renewable energy sector. By Paul A. Davies, Kimberly Leefatt, and R. Andrew Westgate China’s carbon emissions increased by 4% in the first quarter of 2018 — marking the biggest hike in carbon emissions in the last seven years, according … Continue Reading
Recapping the first year of activity by the Trump administration on key issues. By Joel C. Beauvais and Steven P. Croley The Renewable Fuel Standard, or RFS, has been the focus of sustained policy discussion and resulting uncertainty during the first year of the Trump administration. Over the past year, the administration has floated, and … Continue Reading
By Winston P. Stromberg, Lucas I. Quass, and Derek Galey Rodeo Citzens Ass’n v. County of Contra Costa, California Court of Appeal, First Appellate District, Division Three, Case No. A151184 (March 20, 2018). CEQA Case Report: Understanding the Judicial Landscape for Development[i] In a published opinion issued March 20, 2018, Rodeo Citizens v. County of … Continue Reading
The multi-pronged plan will encourage a collaborative national effort to dispose of France’s “consume and discard” model. By Paul A. Davies The French Prime Minister recently unveiled the country’s circular economy roadmap. The 50-item scheme, announced on 23 April 2018, is the result of consultation with stakeholders (November 2017 —January 2018) and a two-stage online … Continue Reading
As China begins to implement its emissions trading system, the country may look around the globe for regulatory guidance. By Paul A. Davies and R. Andrew Westgate China established its national emissions trading system (ETS) as a key component of the plan to meet its commitments under the Paris Agreement. The country’s participation in the … Continue Reading
By Christopher W. Garrett, Natalie C. Rogers, and Kimberly D. Farbota CEQA Case Report: Understanding the Judicial Landscape for Development[1] In a published opinion issued January 12, 2018, Heron Bay Homeowners Assn. v. City of San Leandro, the California Court of Appeal affirmed the trial court’s partial grant of Heron Bay Homeowners Association’s request for … Continue Reading
China cuts fossil fuel consumption to achieve clean energy goal, but must carefully balance the consequences for Chinese citizens. By Paul Davies and Andrew Westgate In tandem with China’s significant economic growth over the past three decades, coal emissions have soared, increasing from 446 million tonnes in 1990 to 2.6 billion tonnes in 2017. Coal … Continue Reading
The EC is seeking feedback on its roadmap for the next EU Emissions Trading System revision. By Paul A. Davies, Lars Kjølbye, Elisabetta Righini, and Guendalina Catti De Gasperi The European Commission (EC) has launched an initiative for the revision of EU-wide rules for the free allocation of emission allowances under the EU Emissions Trading … Continue Reading
China’s new energy ministry demonstrates the country’s continued commitment to environmental protection and renewable energy. By Paul A. Davies and Andrew Westgate Recent comments from senior communist party leaders indicate that the Chinese government intends to establish a new Ministry of Energy to streamline and consolidate authority for energy-related issues. The responsibility for these issues … Continue Reading
Plan outlines next steps for procuring 2,400 MW by 2030, with a likely significant benefit for New York’s economic development. By Tommy Beaudreau, Janice Schneider, Michael Gergen, and David Amerikaner New York Governor Andrew Cuomo and the New York State Energy Research and Development Authority (NYSERDA) have released the New York State Offshore Wind Master … Continue Reading
A coalition government would likely focus on energy, transportation, and the automotive industry to meet Paris Agreement targets. By Joern Kassow and Patrick Braasch Background After the 2017 German parliamentary elections, the conservative Christian Democrats (CDU/CSU) and the Social Democrats (SPD) faced difficulties in forming a new government. However, the parties have now agreed on … Continue Reading
New England wind farms poised to lead the way in utilities converting from fossil fuel to wind generation. By Tommy Beaudreau, Janice Schneider, and David Amerikaner The race is on to build the first utility-scale offshore wind farm in the United States (US) on the federal Outer Continental Shelf. In December, three companies — Bay … Continue Reading
Interior Department agencies to take immediate steps to jumpstart a plan for promoting US critical mineral production. By Janice M. Schneider, Tommy Beaudreau, Sara K. Orr, and James D. Friedland US Interior Department agencies are developing a strategic framework that will advance US critical mineral production. These efforts come on the heels of Executive Order … Continue Reading
France announces voluntary adoption of a new law amending the Mining Code to meet Paris Agreement commitments. By Paul Davies and Michael Green* Background After lengthy legislative debates, the amended Mining Code (MC) now provides that, as a matter of principle, the research and exploitation of coal, and of all liquid or gaseous hydrocarbons, shall … Continue Reading
By Janice Schneider, Sara Orr, Jennifer Roy and James Erselius Reversing a long-standing federal legal position, the US Interior Department recently stated that the Migratory Bird Treaty Act (MBTA) does not impose liability for the incidental take of protected birds. The 41-page Solicitor’s Opinion (number M-37050) withdraws and replaces a prior Solicitor’s Opinion (number M-37041), issued … Continue Reading
By Tommy Beaudreau, Janice Schneider, and David Amerikaner New York Governor Andrew Cuomo released the 2018 Clean Energy Jobs and Climate Agenda last week as the 20th proposal of his 2018 State of the State address. The far-reaching proposal charts a path forward for further progress in advancing clean energy in New York this year, … Continue Reading
By Tommy Beaudreau and Janice Schneider Alaska is kicking off 2018 following several major developments related to oil and gas exploration and production on federal lands on the North Slope, both onshore and on the offshore outer continental shelf (OCS). In May 2017, Interior Secretary Ryan Zinke visited Alaska and declared that “the path for … Continue Reading
By Janice M. Schneider, Tommy P. Beaudreau, Stacey L. VanBelleghem, and Nikki Buffa Stakeholders interested in energy development on US tribal lands will welcome recent Department of Interior (DOI) efforts that identify a key burden to energy development on these lands — as well as the Bureau of Indian Affairs’ (BIA’s) plans to address it. … Continue Reading
