Climate Change
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California Vehicle Waiver: Congressional Review Act Showdown
The Congressional Review Act (“CRA”), enacted in 1996, allows Congress to disapprove federal regulations promulgated by government agencies within 60 legislative working days after the rule is submitted to Congress. In order to disapprove a federal regulation, Congress must approve a joint resolution of disapproval that then goes to the President for signature. If the… Continue reading
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Just Keep Spinning? – The Future of American Wind Power
Earth Day organizers consider wind power essential for reaching the Our Power, Our Planet goals. However, the future of American wind power is uncertain. Wind power accounts for around 10% of all power generated in the United States. In recent years, the federal government, and several states, were very committed to expanding wind power as… Continue reading
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How Geothermal and Hydropower are Positioned to Thrive in the Coming Years
This year’s Earth Week theme, “Our Power, Our Planet,” focuses on renewable energy, specifically “championing solar, wind, hydroelectric, geothermal, and tidal generated energy.” The early days of the new Administration have seen a flurry of Executive Orders surrounding American energy production (discussed in more detail in our Client Alerts “Recent Executive Orders Affecting the Energy… Continue reading
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California Issues First-of-its-kind Willful Heat Standard Violation
On December 12, 2024, the California Division of Occupational Safety and Health (Cal/OSHA) announced a first-of-its-kind citation for a willful violation of California’s Heat Illness Prevention regulations. Per the Agency’s press release, the citation carries with it a $276,425 penalty for deliberately and knowingly failing to follow heat protection requirements. Cal/OSHA’s findings include a failure… Continue reading
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MethaneSat Joins Greenhouse Gas Monitoring Constellation
On March 4, 2024, MethaneSat, a satellite developed by a subsidiary of the Environmental Defense Fund that will locate and quantify methane emissions from oil and gas operations, was launched into orbit. According to the MethaneSat website, the satellite will be able to quantify regional-scale methane emissions from oil and gas operations down to areas… Continue reading
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Remote Sensing as a Supplement to Emissions Monitoring and Quantification
According to a recent Bloomberg article, a company did not report an August 2023 air emissions event to state environmental regulators until December, just days after the company was asked by Bloomberg Green about a methane plume detected in August over one of its compressor stations. The methane plume was observed via a remote sensing instrument onboard the International Space… Continue reading
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Montana State Court Sides with Youth Plaintiffs in Unique Climate Change Lawsuit
On August 14, 2023, a Montana state court found that a Montana environmental review statute (the Montana Environmental Policy Act or MEPA) that limited (and as amended in May 2023, precluded) consideration of greenhouse gas (GHG) emissions and corresponding impacts of those emissions on the climate in connection with environmental reviews was violative of Article… Continue reading
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Biden Administration Seeks Public Comment on Expanding Environmental Justice Initiatives to Ocean-Related Activities
On June 8, 2023, the Council on Environmental Quality, on behalf of the Ocean Policy Committee (OPC), published a Federal Register request for information seeking public input on the development of a new “Ocean Justice Strategy.” The OPC is a Congressionally mandated interagency body tasked with coordinating ocean science, technology and management policy across Federal… Continue reading
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Embracing Environmental Justice Initiatives to Advance Corporate Objectives
Earth Week 2023 brought with it two significant environmental justice developments. The week began with New Jersey Governor Phil Murphy announcing the adoption of regulations aimed at reducing pollution in historically overburdened communities and those disproportionately impacted by health and environmental stressors. President Biden then capped the week off by issuing an Executive Order on Revitalizing… Continue reading