Greenhouse Gas
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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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FAR Council Withdraws Proposed GHG Disclosure Rule as CARB Seeks Input on Implementation of Climate Disclosure Laws
On January 13, the Federal Acquisition Regulatory (FAR) Council withdrew the greenhouse gas (GHG) disclosure rule that it proposed in late 2022. As explained previously, the proposed rule would have required certain federal contractors to disclose their scope 1-3 GHG emissions and set science-based targets to reduce same, with the scope 3 disclosure and science-based… 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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In a Choose Your Own Adventure – Approach, EPA Proposes Greenhouse Gas Emissions Standards for New and Existing Power Plants
Today, the US Environmental Protection Agency released its long-awaited proposal for New Source Performance Standards for Greenhouse Gas Emissions from New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions from Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule (Proposed GHG Rule). This article… Continue reading
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Existing Clean Power and Eligibility for Hydrogen Production Tax Credits: “Additionality” Doesn’t Add Up
The Inflation Reduction Act promises to transform the energy sector in many ways, but among the most exciting is the hydrogen production tax credit, which provides a production tax credit, over a ten year period beginning with the date a facility is placed in service, of up to 60 cents per kilogram of “clean hydrogen”… Continue reading
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Carbon Dioxide Capture and Storage: A Pathway for Greenhouse Gas Emission Reductions
As businesses continue to optimize their environmental, social, and governance (ESG) strategies, an important arrow in the ESG quiver may be carbon dioxide (CO2) capture and storage (CCS). CCS involves capturing, compressing, transporting, and then injecting CO2 into deep underground porous rock formations for long-term storage, known as geological sequestration (GS). These formations are often… Continue reading
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Jenner & Block Wishes Bon Voyage to Gay Sigel as She Starts Her Next Adventure with the City of Chicago
As Gay Sigel walked through the doors at One IBM Plaza in Chicago, fresh out of law school and ready to launch her career as an attorney at Jenner & Block, she could not have envisioned the tremendous impact she would have on her clients, her colleagues, and her community over the next 39 years. Continue reading
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Inflation Reduction Act: Is the U.S. Finally Poised to Tackle Climate Change?
By Allison A. Torrence In a compromise move many months in the making, on August 7, 2022, the Senate passed a spending bill dubbed the Inflation Reduction Act of 2022, which contains provisions aimed at lowering drug prices and health care premiums, reducing inflation, and most notably for our readers, investing approximately $369 billion in… Continue reading
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West Virginia v. EPA: The Major Questions Doctrine Arrives to Rein in Administrative Powers
On the final day of its 2022 term, the Supreme Court issued its highly-anticipated opinion in the case of West Virginia v. EPA, 579 U.S. __ (2022), addressing EPA’s authority to regulate greenhouse gases (“GHGs”) under the Clean Air Act (“CAA”), but having much broader implications for the authority of all administrative agencies, signaling a… Continue reading