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87 FR 35969

The National Institute of Standards and Technology established the Low Carbon Cements and Concretes Consortium to bring together stakeholders to identify and address standards needs related to low carbon cements and concretes used to reduce greenhouse gas emissions. 

87 FR 34856

The Commodity Futures Trading Commission seeks comment to better inform its understanding and oversight of climate-related financial risk as pertinent to the derivatives markets and underlying commodities markets. 

87 FR 34625

FWS proposed to revise regulations concerning experimental populations of endangered species and threatened species under the ESA by removing language that generally restricts the introduction of experimental populations to only the species' historical range to allow for the introduction of populations into habitats outside their historical range for conservation purposes. 

Rhode Island v. Shell Oil Products, Co., L.L.C.

The First Circuit again affirmed a district court order that remanded to state court Rhode Island's climate change lawsuit against oil companies. The district court concluded that none of the companies' grounds for removal—federal officer, federal question, Outer Continental Shelf Lands Act, admir...

Louisiana v. Biden

In an emergency order, the U.S. Supreme Court denied several states' application to vacate the Fifth Circuit's stay of a district court ruling that had enjoined federal agencies from implementing interim estimates on the social cost of greenhouse gas emissions.
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87 FR 33750

The U.S. Patent and Trademark Office implemented the Climate Change Mitigation Pilot Program, which is designed to accelerate the examination of patent applications for innovations that reduce greenhouse gas emissions. 

West Virginia v. Environmental Protection Agency: The Agency's Climate Authority

On February 28, 2022, the U.S. Supreme Court heard oral arguments for the landmark West Virginia v. EPA case, involving the scope of powers delegated to the U.S. Environmental Protection Agency (EPA) through the Clean Air Act. The Court’s decision will affect administrative law, and could have major consequences for environmental law, particularly the Agency’s power to regulate greenhouse gas emissions and take action on climate change.

Climate Creep

At this point in time, climate change pervades every aspect of contemporary life. It is a persistent current through our lives and, increasingly, throughout the law. One would be hard-pressed to find any area of law that has not or will not soon be touched by climate change. The onset of climate change has prompted decades worth of deep and wide efforts to reshape law and policy. Yet, alongside this development, there is also erosion.

Toward Tradable Building Performance Standards

The European Union, China, California, and a number of U.S. states in the Northeast are currently using emissions trading as part of their efforts to reduce greenhouse gas (GHG) emissions. However, the popularity of emissions trading as a policy tool co-exists with a well-established, and increasingly politically powerful, set of critiques of it in the United States. These critiques come from environmental justice advocates as well as some academics and other observers.

87 FR 24851

The president issued Executive Order No. 14072, Strengthening the Nation's Forests, Communities, and Local Economies; among other things, the order directs federal agencies to inventory old-growth and mature forests on federal lands and develop policies to protect them from threats like wildfire and climate change, and to develop a federal goal for meeting agency-specific reforestation targets by 2030.