The D.C. Circuit granted in part and denied in part a petition to review FERC orders that permitted the creation of a new energy transmission service across several states in the Southeast. The first, the Deadlock Order, was adopted when the commissioners deadlocked 2-2 on whether the overall propos...
The D.C. Circuit denied a group of fuel refineries' petitions to review EPA's rule extending compliance reporting deadlines under the Renewable Fuel Standard program. The group argued the rule violated the CAA by providing obligated parties less than 13 months' compliance lead time—from EPA's anno...
The D.C. Circuit vacated DOE's 2020 rule establishing more stringent energy efficiency standards for commercial packaged boilers, and its 2022 supplemental document responding to the court's previous remand order that it address comments raised during the rulemaking process. Industry groups argued D...
The D.C. Circuit denied petitions to review EPA's promulgation of a rule that regulates the emission of greenhouse gases from aircraft engines under CAA §231 by aligning domestic standards with those recently promulgated by the International Civil Aviation Organization (ICAO). Twelve states, the Di...
The D.C. Circuit granted in part and denied in part petitions to review EPA's revisions to designations promulgated in 2018 for northern Weld County, Colorado, and El Paso, Texas, as areas that had attained 2015 ozone pollution standards. The revised designations folded Weld County into the greater ...
The European Union’s (EU’s) recent proposal for a new regulation on EV batteries is a groundbreaking effort, the first to focus on the entire value chain to improve product sustainability and safety throughout the life cycle. Battery producers inside and outside of the EU will have to meet a series of requirements, starting from carbon footprint declaration and related labeling to complying with life-cycle carbon footprint thresholds, for having their products placed in the EU market.
The name of the climate game right now is fast, sustained progress. The world needs this both politically and technologically to effectively fight climate change. Progress was achieved both politically and technologically with the Inflation Reduction Act of 2022 (IRA), which allocated $369 billion to “energy security and climate change,” amounting to the United States’ largest investment in climate action to date.
The D.C. Circuit, in a split ruling, vacated certain provisions of EPA's rule phasing out the use of hydrofluorocarbons (HFCs). Two companies and three trade groups argued EPA exceeded its authority in issuing the rule and that the American Innovation and Manufacturing (AIM) Act, which directed the ...
Carbon offsets allow polluters to pay someone else to reduce, avoid, or remove emissions to counterbalance their own emissions. For some, carbon accounting concerns render offsets a necessary evil to be tightly regulated on the path toward decarbonization. For others, moral and political concerns render offsets a dangerous mistake to be thrown out of the climate law toolbox.