87 FR 53477
The Substance Abuse and Mental Health Services Administration seeks input from members of the public about how it can best address the behavioral health impacts of climate change and health equity considerations.
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87 FR 42401
The Federal Highway Administration proposed to amend its regulations governing national performance management measures to require state departments of transportation and metropolitan planning organizations to establish declining carbon dioxide targets and a method for the measurement and reporting of greenhouse gas emissions associated with transportation under Title 23 of the U.S. Code.
87 FR 39414
FERC proposed to direct transmission providers to submit one-time informational reports describing their current or planned policies and processes for conducting extreme weather vulnerability assessments under the Federal Power Act.
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.
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.