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 start of trading represents a significant opportunity for businesses able to achieve meaningful reductions. By Paul A. Davies and R. Andrew Westgate Nearly four years after China’s national emissions trading scheme (ETS) was announced in late 2017, trading of emissions quotas officially commenced on July 16. The start of trading represents a significant step … Continue Reading
Biden Administration elevates consideration of GHG emissions and climate change in federal agency approvals by rescinding Trump guidance and reviving Obama guidance. by Janice M. Schneider, Stacey L. VanBelleghem, and Devin M. O’Connor On February 19, 2021, the White House Council on Environmental Quality (CEQ) published a Federal Register Notice rescinding the June 2019 “Draft … Continue Reading
The Chinese Communist Party’s policy plans include an increased focus on climate change and a more open trade environment. By Paul Davies, Ethan Prall and Andrew Westgate The Central Committee, the top-level authority of the Chinese Communist Party (CCP), recently concluded its Fifth Plenary Session and created China’s 14th Five Year Plan (the Plan). The … Continue Reading
A recent federal court decision in Utah renews the question of whether defeat device and tampering prohibitions constitute “an emission standard or limitation”. By Arthur F. Foerster A non-profit citizen group, Utah Physicians for a Healthy Environment, is seeking nearly US$1.5 million in costs and attorneys’ fees after successfully prosecuting a citizen action in Utah federal … 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
CARB continues to drive lower NOx emissions for heavy-duty engines and vehicles on the road. By Arthur Foerster and Reed McCalib On January 23, 2019, the California Air Resources Board (CARB) held a public workshop to discuss the agency’s ongoing regulatory emissions overhaul for on-highway, heavy-duty diesel engines and vehicles. Based on the agency’s position … Continue Reading
The public event marks CARB’s next step to promulgate new, lower NOx standards for heavy-duty engines and vehicles. By: Arthur Foerster and Reed McCalib Background On Wednesday, January 23, 2019, the California Air Resources Board (CARB) will hold a public workshop in Sacramento focusing on potential regulatory changes that would lower oxides of nitrogen (NOx) … Continue Reading
The announcement signals EPA’s intent to publish a proposed rule in 2020. By Arthur F. Foerster On November 13, the United States Environmental Protection Agency (EPA) announced its “Cleaner Trucks Initiative” (CTI) to further decrease oxides of nitrogen (NOx) emissions from on-highway trucks and engines. EPA intends to publish a proposed rule in early 2020, … Continue Reading
By Joern Kassow and Patrick Braasch Latham has previously written about the Lliuya v. RWE AG case, in which a Peruvian farmer has sought damages from German energy giant RWE for climate change effects in his home country. The Higher Regional Court of Hamm indicated during oral hearings that it would likely proceed to take … Continue Reading
By Paul Davies, Bridget Rose Reineking, and Andrew Westgate In recent months, teams of inspectors from China’s Ministry of Environmental Protection and the Communist Party’s anti-corruption commission have conducted a slew of surprise inspections of various industrial facilities throughout China. Estimates suggest that China has temporarily closed as many as 40% of the country’s factories … Continue Reading
By Paul Davies and Michael Green Six Portuguese children are raising funds to sue 47 European countries, asserting that their right to life has been threatened because governments have allegedly failed to adequately deal with climate change. With the support of lawyers from the Global Legal Action Network (GLAN), the children will ask nations in … Continue Reading
