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Proposed NEPA Rules Address Climate Change, Environmental Justice, and...
On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects...
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Boston Bans Fossil Fuels in New and Renovated City Buildings
On July 31, 2023, Boston Mayor Michelle Wu signed an executive order ending the use of fossil fuels in new construction and major renovations of city-owned buildings. Although city buildings comprise a...
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Montana Youth Plaintiffs Prevail: One-Off or Tidal Wave?
Yesterday, the plaintiffs prevailed in the Montana climate litigation. Time will tell whether the decision will end up being seen as a watershed moment or just a blip. In trying to answer that...
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Anticipating the U.S. Securities and Exchange Commission’s ESG Disclosure...
As more advisory services, investment companies, and public companies have publicized their Environmental, Social, and Governance (ESG) goals, the U.S. Securities and Exchange Commission (SEC) has...
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Energy Department Launches Hydrogen Interagency Task Force, But Few Details...
[This post is part of our Hydrogen Blog Series. Read the rest of the series here.] The Department of Energy (“DOE”) held a webinar on Friday, August 18, 2023 on the U.S. government’s national hydrogen...
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Biden Expands Consideration of Social Cost of Carbon by Federal Agencies
On September 21, 2023, the Biden administration outlined plans to expand federal agencies’ consideration of the social cost of carbon—a metric for the economic cost of each additional ton of carbon...
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Department of Energy Chooses Seven Regions for $7 Billion in Hydrogen Hubs...
This morning, the Department of Energy decided how it will allocate up to $7 billion of Bipartisan Infrastructure Law (“BIL”) funding set aside for establishing regional Hydrogen Hubs. (For more...
View ArticleNew Report Details Massachusetts Whole-of-Government Approach to Climate Crisis
Yesterday, Massachusetts Climate Chief Melissa Hoffer issued a report detailing how “to implement the Healey-Driscoll Administration’s whole-of-government approach to addressing the climate crisis.”...
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IRS Releases Guidance on SAF Tax Credit and Signals Forthcoming Revisions to...
On December 15, 2023, IRS published Notice 2024-06, a brief but important guidance on Section 40B, the Inflation Reduction Act (“IRA”) tax credit for sustainable aviation fuel (“SAF”). The guidance...
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The Energy Policy and Conservation Act – Still – Preempts Berkeley’s Ban on...
Last week, the 9th Circuit voted against rehearing en banc its decision from last April finding the City of Berkeley’s ban on natural gas connections in new construction to be preempted by the Energy...
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Each Federal Agency Should Use Its Judgment in Determining the Social Cost of...
Late last month, the Interagency Working Group on Social Cost of Greenhouse Gases quietly released a three-paragraph memo on how agencies should determine the social cost of greenhouse gas emissions....
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The Original Superfund Worked So Well; Let’s Replicate It to Deal with...
As I’ve noted many times, criticizing CERCLA is like shooting fish in a barrel. Apparently, however, my criticism is not universally shared. According to WBUR, some legislators around the country are...
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One More Problem with the Climate Superfund Act
In my discussion yesterday of the shortcomings of the Climate Superfund Act, I actually ignored arguably its biggest flaw. While the Act certainly looks much like a tax, I failed to point out that the...
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EPA Lowers the PM2.5 NAAQS: Goldilocks Can Sleep Soundly
Yesterday, EPA finalized a rule lowering the primary annual National Ambient Air Quality Standard for PM2.5 to 9.00 ug/m3. This is a significant reduction from the current 12.00 ug/m3 standard and a...
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Update on RGGI in Pennsylvania
In 2022, Pennsylvania became the 12th member of the Regional Greenhouse Gas Initiative (“RGGI”). Pennsylvania joined RGGI pursuant to a 2019 executive order and a subsequent rulemaking promulgated by...
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The D.C. Circuit Affirms EPA’s Reinstatement of California’s Authority to Set...
On Tuesday, in Ohio v. EPA, the D.C. Circuit Court of Appeals denied several challenges to EPA’s decision to restore California’s authority under § 209(b) of the Clean Air Act to regulate emissions...
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