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89 FR 38712

EPA updated the regulatory framework governing the management and protection of environmental, fish and wildlife, other surface resources, and special areas in the National Petroleum Reserve in Alaska.

89 FR 36853

The U.S. Sentencing Commission announced that it has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index.

89 FR 37706

The Internal Revenue Service finalized regulations regarding federal income tax credits under the Inflation Reduction Act for the purchase of qualifying new and previously-owned clean vehicles. 

Shipping's Fair Share

In July 2023, the International Maritime Organization (IMO) resolved to reduce international shipping’s greenhouse gas emissions to net zero “by or around, i.e., close to” 2050. There is a long-running debate about whether the sector should decarbonize and how it could do so in a way that is equitable for states and the shipping industry. This Article is the first to normatively define shipping’s fair share of the overall climate mitigation burden using principles of international environmental law.

Gathering Storm: SEC v. Jarkesy and Implications for Environmental Enforcement

The U.S. Environmental Protection Agency’s (EPA’s) enforcement program has long been the backbone of environmental enforcement in the United States. That program may now be bound for dramatic change. This Article analyzes the threats posed to the Agency’s program by the U.S. Supreme Court’s forthcoming decision in Securities and Exchange Commission v. Jarkesy, in which three constitutional questions presented cut to the core of administrative enforcement.

Clearing the Air on Supplemental Environmental Projects

Supplemental environmental projects (SEPs) have received a growing amount of attention in recent years, from the Donald Trump Administration banning their use in settlements, to regulation and guidance from the Joseph Biden Administration reversing the ban, to legislative proposals prohibiting them altogether. This Article examines SEPs’ legality under existing law, focusing on claims that they violate the Miscellaneous Receipts Act and the Antideficiency Act. It begins with a brief history of SEPs’ policy evolution and the limitations on the U.S. Environmental Protection Agency’s and U.S.

U.S. and Global Methane Regulation

Methane is estimated to be responsible for one-third of the global rise in temperatures from greenhouse gases; it is shorter-lived but much more potent than carbon dioxide. The United States and the European Union (E.U.) launched the Global Methane Pledge at the 2021 United Nations Climate Change Conference (COP26). At COP28’s Global Methane Pledge Ministerial last December, new strategies were announced, including the E.U.’s first-ever adoption of methane regulations and a final rule by the U.S. Environmental Protection Agency to reduce methane from the oil and gas industry.

89 FR 35442

CEQ finalized its “Bipartisan Permitting Reform Implementation Rule” to revise its regulations for implementing the procedural provisions of NEPA. 

89 FR 34074

DOE revised its NEPA implementing procedures to add a categorical exclusion for certain energy storage systems and modify categorical exclusions for upgrading and rebuilding powerlines and for solar photovoltaic systems, as well as to make conforming changes to related sections of the Department’s NEPA regulations. 

89 FR 31796

The Federal Transit Administration announced the availability of a programmatic assessment of greenhouse gas emissions from transit projects.