GHG
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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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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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The SEC’s Proposed Climate-Related Disclosure Rules: Are They the “Core Bargain,” a “Watershed Moment,” or “Undermin[ing] the Existing Regulatory Framework”?
![The SEC’s Proposed Climate-Related Disclosure Rules: Are They the “Core Bargain,” a “Watershed Moment,” or “Undermin[ing] the Existing Regulatory Framework”?](https://environblog.jenner.com/wp-content/uploads/2022/05/Securities-Exchange-Commission-SEC.jpg)
Earlier this week, the Securities and Exchange Commission (“SEC”) approved the issuance of proposed new disclosure rules [cited as “PR, p. __”], titled The Enhancement and Standardization of Climate-Related Disclosures for Investors, that would require both domestic and foreign public companies to provide certain climate-related information in their registration statements and annual reports and certain… Continue reading
Alexander J. May, Anthony S. Barkow, Brandon D. Fox, Carissa Coze, Charles D. Riely, Christine Braamskamp, Climate, Corporate Environmental Lawyer, David Bitkower, Erin R. Schrantz, Gabrielle Sigel, GHG, Greenhouse Gas, Jenner & Block, Joseph P. Gromacki, Katya Jestin, Kevin T. Collins, Kyoto, Matthew E. Price, Michael R. Greubel, Randall E. Mehrberg, SEC, Steven M. Siros, Suedeen G. Kelly, TaeHyung Kim, Thomas S. O’Neill -
Biden Administration Takes New Action to Ensure Increased Consideration of Climate Change Impacts by the Federal Government

On Friday, February 19, 2021, the Council on Environmental Quality (“CEQ”) rescinded prior draft guidance issued under the Trump Administration in 2019 (the “2019 Draft CEQ Guidance”), which had restricted the need for federal agencies to consider and quantify climate change impacts under the National Environmental Policy Act (NEPA). Continue reading
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U.S. EPA Embraces Prior Administration’s PFAS Drinking Water Proposals
On February 22, 2021, U.S. EPA announced that it was moving forward with implementation of several regulatory proposals issued in the waning days of the Trump Administration. First, U.S. EPA announced that it was finalizing its regulatory determination under the Safe Drinking Water Act (SDWA) for perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA). Continue reading
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Lawsuit Filed Challenging DOJ’s Policy on Supplemental Environmental Projects
On October 8, 2020, the Conservation Law Foundation filed a lawsuit challenging a DOJ policy that barred the use of supplemental environmental projects (SEPs) in federal enforcement settlements with private parties. Continue reading
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Supreme Court Grants Review on Key Climate Change Case
On Friday, October 2, 2020, the United States Supreme Court granted a writ of certiorari to review of a decision by the Fourth Circuit Court of Appeals holding that climate change litigation brought against various fossil fuel were not subject to federal court subject matter jurisdiction. Continue reading
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California Becomes First State to Ban PFAS in Cosmetics
On August 30, 2020, the California legislature passed the Toxic Free Cosmetics Act making California the first state to ban certain chemicals from cosmetics. Governor Newson signed the bill into law on October 1, 2020. Continue reading
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EPA Finalizes Rollback of Obama-Era Methane Regulations for the Oil and Natural Gas Industry
On August 13, 2020, EPA issued two final rules that will have a significant impact on methane emissions, a potent greenhouse gas. The final rules were issued under the Clean Air Act’s New Source Performance Standards (“NSPS”) for the oil and natural gas industry and rescind Obama-era rules issued in 2012 and 2016. Continue reading
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Environmental Groups Allege EPA Failed to Engage in Endangered Species Act Consultation Before Implementing COVID-19 Enforcement Discretion Policy
On August 18, 2020, the Center for Biological Diversity, Waterkeeper Alliance, Inc., and Riverkeeper, Inc. (“Conservation Groups”) filed a new lawsuit in the U.S. District Court for the Southern District of New York against the U.S. Environmental Protection Agency and Administrator Wheeler (“EPA”) for failing to comply with their mandatory duties under the Endangered Species… Continue reading
