Denmark’s unprecedented carbon removals fund has facilitated the coexistence of corporate and national carbon claims in carbon accounting.

By Jean-Philippe Brisson, Paul A. Davies, Lars Kjølbye, John-Patrick Sweny, and Qingyi Pan

In the past few years, stakeholders in the carbon market have debated how to integrate the voluntary carbon market (VCM) and the emerging international carbon market governed by the Paris Agreement — Denmark’s recent move to allow stacking of voluntary carbon credits and nationally determined

The key principles for a Carbon Management Strategy and draft act on the revision of the Carbon Storage Act create new opportunities for investors and project developers.

By Tobias Larisch, Alexander “Stefan” Rieger, John-Patrick Sweny, Jean-Philippe Brisson, and Joachim Grittmann

The German Federal Government’s Carbon Management Strategy and the revision of the Carbon Storage Act (Kohlendioxid-Speicherungsgesetz, KSpG) aim to remove current obstacles to (i) Carbon Capture and Storage (CCS) and (ii) Carbon Capture and Utilisation (CCU)

The joint policy statement and principles provide integrity standards for carbon credits that both the US government and participants in the voluntary carbon market should aim to follow.

By Jean-Philippe Brisson, Michael Dreibelbis, Tal Carmeli, and Phil Goldberg

On May 28, 2024, the Biden Administration released the Voluntary Carbon Markets Joint Policy Statement and Principles for Responsible Participation in Voluntary Carbon Markets (the VCM Policy). The VCM Policy is co-signed by US Secretary of the Treasury Janet Yellen, US Secretary of Agriculture Tom Vilsack, US Secretary of Energy Jennifer Granholm, International Climate Policy Senior Advisor John Podesta, National Economic Advisor Lael Brainard, and National Climate Advisor Ali Zaidi.

The VCM Policy represents the executive branch of the US government’s position with respect to the role of the voluntary carbon market (VCM) in supporting decarbonization efforts in the United States and globally. This announcement is significant and timely because it was released at a time when some have questioned whether voluntary carbon credits are an appropriate tool for reducing greenhouse gas (GHG) emissions.

EPA will regulate legacy CCR surface impoundments and CCR Management Units for the first time.

By Stacey L. VanBelleghem, Karl A. Karg, Phil Sandick, Jacqueline Zhang, Bruce Johnson, and Samuel Wallace-Perdomo

On April 25, 2024, EPA released its Final Rule to extend certain requirements governing the disposal of coal combustion residuals (CCR) in inactive surface impoundments at inactive power plants (referred to as “legacy CCR surface impoundments” or “legacy ponds”) and CCR Management Units (CCRMU), a

EPA’s action finalizes aggressive emission reduction targets for certain subcategories of fossil fuel-fired power plants, based on implementation of carbon capture and sequestration.

By Stacey L. VanBelleghem, Karl A. Karg, and Phil Sandick

On April 25, 2024, the US Environmental Protection Agency (EPA) released its final rule (the Power Plant GHG Rule or the Final Rule) to regulate greenhouse gas (GHG) emissions from electric generating units (EGUs) at power plants under Section 111 of the Clean Air Act

The rule, covering 218 organic chemical and polymer manufacturing plants, imposes stringent emission limits on six chemicals without exemptions for startup, shutdown, and malfunction.

By Karl Karg, Phil Sandick, and Nate Gelfand-Toutant

On April 9, 2024, the US Environmental Protection Agency (EPA) issued a final rule amending the Clean Air Act New Source Performance Standards (NSPS) that apply to emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI). The rule also finalizes amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) that apply to the SOCMI (also called the Hazardous Organic NESHAP or HON) and to Group I and II Polymers and Resins Industries (P&R I and P&R II). Some of these amendments include updates to the maximum available treatment technology (MACT) standards, including those addressing heat exchange systems, storage vessels, and process vents, depending on the source category.

The rule will be effective 60 days after publication in the Federal Register but will likely be challenged.

We analyze the key CEQA cases from 2023 and their impact on development in California.

By Marc Campopiano, Jennifer Roy, Winston Stromberg, Kevin Homrighausen, and Natalie Rogers

In 2023, the California Supreme Court and the Courts of Appeal issued 53 published and unpublished California Environmental Quality Act (CEQA) opinions.

As part of Latham’s annual CEQA webcast series, our Environment, Land & Resources lawyers reviewed each judicial opinion in 2023, highlighting key cases and their practical lessons