The proposed federal permitting regime includes some surprising provisions, including no permit expiration and no proposed application deadline for most units. By Claudia M. O’Brien and Stacey L. VanBelleghem On December 19, 2019, the US Environmental Protection Agency (EPA) released a proposed rule to establish a federal permitting program under the Resource Conservation and Recovery … Continue Reading
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
ECJ ruling provides EU Member States more flexibility in designing the promotion of renewable energies. By Jörn Kassow and Alexander Wilhelm 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 mechanism … Continue Reading
EU will tax manufacturers for excess emissions and collect individual consumption data from vehicles in order to meet climate change goals. By Jörn Kassow and Patrick Braasch The EU is setting stricter CO2 emission standards for new passenger cars and light commercial vehicles (LCVs). A new regulation on CO2 emission standards (Regulation (EU) No 2019/631), … Continue Reading
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
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
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
The proposed initiative will allow the provision of clean energy on a global scale by 2050. By Paul A. Davies and R. Andrew Westgate The Global Energy Interconnection (GEI) initiative, originally developed by Liu Zhenya, the chairman of the Chinese State Grid Corporation, is dedicated to promoting global energy interconnections in a sustainable manner. The … Continue Reading
Chinese investors continue to build knowledge of the wind sector through European investment. By Paul A. Davies and R. Andrew Westgate China has traditionally focused more on developing coal and hydroelectric power, which provide relatively constant output, instead of wind and solar, which depend on whether conditions. However, recently, government-owned power producers have begun making … Continue Reading
Harvard professor Robert Stavins joins Latham partner Bob Wyman to review key climate change mitigation policies. California’s climate change mitigation program is widely viewed as one of the most comprehensive of its kind — encompassing a cap-and-trade component and a series of complementary measures with specific performance targets for important sectors such as motor vehicles, … Continue Reading
By Joel C. Beauvais and Stacey L. VanBelleghem On August 21, 2018 the Trump administration released its proposed Affordable Clean Energy (ACE) rule to replace the Obama administration’s Clean Power Plan (CPP). Both rules would regulate CO2 emissions from existing electric generating units (EGUs) pursuant to Section 111(d) of the Clean Air Act (CAA). The … Continue Reading
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
