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Climate Compliance Versus Action 2023

The Inflation Reduction Act and Federal Buy Clean Initiative have each inspired states and municipalities to regulate embodied carbon (Scope 3) using “Buy Clean” policies and legislation. Reducing embodied carbon has become mainstream, and environmental product declarations (EPDs) have surfaced as the tool. Are EPDs alone enough? Is the compliance timeline sufficient? On February 1, 2023, the Environmental Law Institute hosted a panel of experts that provided an update on Buy Clean policy, green funding, the status of carbon emissions, and a primer on EPDs.

88 FR 35841

The U.S. Patent and Trademark Office expanded the Climate Change Mitigation Pilot Program to include innovations in any economic sector that are designed to make progress toward achieving net-zero greenhouse gas emissions, increased the filing limitations for petitions under the program, and extended the duration of the program.

88 FR 29687

The U.S. Geological Survey announced that it, in collaboration with Environment and Climate Change Canada and Mexico’s La Comisión Nacional para el Conocimiento y Uso de la Biodiversidad, will undertake a two-year regional assessment of biodiversity and climate change, culminating in the first-ever assessment report addressing these two challenges together for the United States, Canada, Mexico, U.S. territories, and Freely Associated States.

88 FR 25028

The National Credit Union Administration seeks public input on current and future climate and natural disaster risks to federally insured credit unions (FICUs), related entities, their members, and the National Credit Union Share Insurance Fund, and on the development of potential future guidance, regulation, reporting requirements, and/or supervisory approaches for FICUs’ management of climate-related financial risks.

88 FR 17999

The president issued Proclamation No. 10534 of March 21, 2023, establishing the Castner Range National Monument.

88 FR 17987

The president issued Proclamation No. 10533 of March 21, 2023, establishing the Avi Kwa Ame National Monument.

Driving Transformation: Tax Strategies for Electrifying Light-Duty Transportation

As noted by the International Energy Agency, taxation is a necessary component of strategies to increase adoption of electric vehicle (EV) technology. In the United States, taxation has supported the energy policy of increased uptake of EVs. This Article focuses on the evolving U.S. tax policy, highlighting the 2022 Inflation Reduction Act. It addresses continuing challenges and ways to meet those challenges, including examining some European policies for encouraging EVs. The author concludes by recommending policies that may be consistent with existing U.S.

88 FR 19583

BLM proposed new regulations that would advance its mission to manage public lands for multiple use and sustained yield by prioritizing the health and resilience of ecosystems across those lands.

88 FR 15981

The United States Global Change Research Program requests input from the public to guide an update of the 2009 “Climate Literacy: Essential Principles of Climate Science” to inform the program as it updates the guide to include current climate and social science, and a focus on justice and capacity to implement solutions.

Waste and Chemical Management in a 4°C World

Many chemicals and hazardous substances are kept in places that can withstand ordinary rain, but not severe storms or floods. If these events occur and the chemicals are released, people and the environment may be endangered. This Article discusses the hazards posed to chemical and waste disposal facilities by extreme weather events that would be worsened as a result of climate change, and how U.S. laws do (or do not) deal with these hazards; and considers how the law would need to change to cope with what would happen to these facilities in a potentially 4°C world.