After over two weeks of conferencing, the 26th Conference of the Parties to the United Nations Framework on Climate Change (COP26) concluded with the finalization of the Glasgow Climate Pact (the “Glasgow Pact”) listing the accomplishments of the summit. The Glasgow Pact reaffirms the long-term global goals (including those in the Paris Agreement) to hold the increase in the global average temperature to “well below 2°C” above pre-industrial levels and to pursue efforts to limit temperature increase to 1.5°C above pre-industrial levels. It also states that limiting global warming to 1.5°C requires “rapid, deep, and sustained reductions in global greenhouse gas (GHG) emissions, including reducing global carbon dioxide emissions by 45 per cent by 2030 relative to the 2010 level and to net zero around mid-century, as well as deep reductions in other greenhouse gases.”
Continue Reading The Results of COP26

Building on the Biden Administration’s strategy to achieve net-zero greenhouse gas (GHG) emissions by 2050, and as world leaders begin gathering in Glasgow, Scotland, yesterday, the US Environmental Protection Agency (EPA) issued a proposal under the Clean Air Act to significantly expand regulation of methane from oil and gas operations in the United States. The proposal—issued in conjunction with measures proposed by at least five other cabinet-level agencies to address GHG emissions—is part of President Biden’s “whole of government” approach to addressing climate change and represents EPA’s most ambitious regulatory effort to date to curb oil and gas sector emissions. EPA estimates compliance costs of $12 billion (present value, 3% discount rate) for existing sources, which it indicates would be offset by an estimated $4.7 billion (present value) through the capture of natural gas pursuant to the fugitive emission requirements in the proposal.

Continue Reading As COP26 Begins in Glasgow, at Home EPA Releases Bold Proposal on Oil and Gas Methane Emissions: Four Elements Worth Knowing

On November 1, 2021, as the world commences the COP26 gathering in Glasgow, Scotland, for the next round of global climate negotiations, the White House, under the signatures of John Kerry, Special Presidential Envoy for Climate, and Gina McCarthy, National Climate Advisor, issued a strategy stating that achieving net-zero GHG emissions by 2050 is possible and outlining the broad steps for doing so.  The Long-term Strategy of the United States: Pathways to Net-Zero Greenhouse Gas Emissions by 2050 includes the following key elements: 
Continue Reading What You Need to Know About the Biden Administration’s “Long-Term Strategy” with “Pathways to Net-Zero Greenhouse Gas Emissions by 2050”

The world will gather in Glasgow, Scotland, for the next round of global climate negotiations – the twenty-sixth Conference of the Parties to the United Nations Framework on Climate Change (COP26) – during the first two weeks of November. COP26 is a continuation of the process to flesh out the details and to implement the Paris Agreement, which committed almost every nation to reduce their greenhouse gas (GHG) emissions. The Paris Agreement sets a goal to keep the global average temperature from rising by 1.5°C (2.7°F) above preindustrial levels and, failing that, prevent it from increasing by 2°C (3.6°F).
Continue Reading COP26: What to Expect in Glasgow?

The American Bar Association published an article, You’ve Come a Long Way Baby, or Have You?, which highlights the results of a new study by Hunton Andrews Kurth LLP attorneys Shannon S. Broome, Lauren Bachtel, and Jennifer MikoLevine, and environmental litigation specialist Richard M. Pavlak, shedding light on whether the environmental bar is achieving gender equality. The authors acknowledge and appreciate the important contributions of the late Richard Pavlak (who passed away unexpectedly shortly before the online version became available) for his graphical presentation of the results of the study.

Continue Reading You’ve Come a Long Way, Baby! Or Have You?

On Wednesday, June 16, 2021, EPA held the first of two public “listening sessions” to inform its review of the Risk Management Program (RMP) regulations pursuant to Executive Order 13990.  According to Carlton Waterhouse, EPA Deputy Assistant Administrator for the Office of Land & Emergency Management (OLEM), the listening sessions are “a first step in considering improvements to the RMP rule, so EPA can better address the impacts of climate change on facility safety and protect communities from chemical accidents, especially vulnerable and overburdened communities living near RMP facilities.”

Continue Reading EPA “Listening Session” on RMP Rule Foreshadows Regulatory Changes

Last week, among many actions taken by the Biden-Harris Administration on Earth Day 2021, one may have flown under the proverbial radar, though it does have significant legal implications for greenhouse gas regulation and the whole-of-government(s) approach:  the U.S. Department of Transportation’s (DOT) National Highway Traffic Safety Administration (NHTSA) notice proposing to repeal the preemption portions of NHTSA’s 2019 rule entitled “The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program,” 84 Fed. Reg. 51,310 (Sept. 27, 2019) (SAFE I Rule).  NHTSA, “Corporate Average Fuel Economy (CAFE) Preemption; Notice of Proposed Rulemaking (signed Apr. 24, 2021) (Proposed Rule).

Continue Reading Administration Takes Step 1 For California to Blaze the Greenhouse Gas Vehicle Standard Trail

On Earth Day, as expected, the Biden-Harris Administration continued its efforts to fulfill campaign commitments on climate change.  The big announcement came on what is called the “Nationally Determined Contribution” or NDC.  The Administration announced that the United States will aim to cut its greenhouse gas emissions from 2005 levels by 50% by 2030.  This reflects an increased commitment from the United States’ prior commitment of cutting emissions by 25% from 2005 levels by 2025.

Continue Reading Biden-Harris Administration Makes the Most of Earth Day on Climate Issues

On Monday, the State of California launched a new group out of Governor Newsom’s office – the Climate-Related Risk Disclosure Advisory Group just as CERES (Coalition for Environmentally Responsible Economies), a non-profit organization that has been a significant voice over the past decade on climate and sustainability economic issues, issued a report entitled, Turning Up the Heat, The need for urgent action by U.S. financial regulators in addressing climate risk.

Continue Reading Actions on Climate Change Disclosure in California and New Report Indicate Spring May Be In Like a Lion and Out Like One Too!

Environmental, social and corporate governance (ESG) – like climate change and environmental justice – has been a hot topic of discussion in the early days of the Biden administration. Illustrating the interconnectedness of the trending issues, climate change and environmental justice are pillars of ESG.

Continue Reading Environmental, Social and Corporate Governance: What are the Risks, Really?