On July 16, 2020, the Council on Environmental Quality (CEQ) published its highly anticipated final rule to improve its National Environmental Policy Act (NEPA) regulations.  The update, which largely mirrors the proposed rule, is the first comprehensive amendment to the regulations since their original publication in 1978.  The final rule is designed to streamline the NEPA review process, clarify important NEPA concepts, and codify key guidance and case law. 
Continue Reading CEQ Releases Long-Awaited Final Rule to Improve NEPA Regulations

On June 30, 2020, Democratic members of the House Select Committee on the Climate Crisis unveiled a 538-page report that calls for reaching net-zero greenhouse gas (GHG) emissions economy-wide by 2050. The report, titled “Solving the Climate Crisis: The Congressional Action Plan for a Clean Energy Economy and a Healthy and Just America,” includes over a hundred policy recommendations to meet the 2050 goal.
Continue Reading House Democrats Release Climate Action Plan

The State of New York has recently proposed revisions to its Regional Greenhouse Gas Initiative regulations. These revisions, among other changes, would expand the reach of the program to fossil-fuel-fired electricity generation units with a nameplate capacity equal to or greater than 15 megawatts.
Continue Reading New York Proposes Regional Greenhouse Gas Changes

The largest market for CO2 captured from industrial sources through carbon capture utilization and storage (CCUS) is enhanced oil recovery (EOR), using the CO2 to produce oil.  Captured CO2 can be used for cement, algae production, and other uses, but EOR has vast potential.  Moreover, it has a nearly 50-year track record in the US, where it was pioneered.  Carbon dioxide injected into oil formations becomes permanently stored as part of the process. 
Continue Reading CCUS After the Pandemic

Massachusetts has now doubled the size of its Solar Massachusetts Renewable Target (“SMART”) incentive program, along with new performance standards for the siting of these renewable generating resources. While these changes to the SMART program were adopted as emergency regulations—making them effective immediately—the Commonwealth will go through the notice and comment rulemaking process over the next few months to provide for continued input from stakeholders on the new regulations and associated guidance.
Continue Reading Massachusetts Doubles Size of “SMART” Solar Program

On March 11, the U.S. Environmental Protection Agency completed an important rulemaking under Title VI of the Clean Air Act Amendments of 1990, revising its requirements applicable to the management of refrigerants in appliances and industrial process refrigeration. The rulemaking corrects what the EPA states was an incorrect Obama-era interpretation of the Clean Air Act, that would have allowed the agency to issue sweeping and costly regulations for refrigerants that companies had invested in to alleviate the problem of ozone-layer depletion pursuant to the 1987 Montreal Protocol.
Continue Reading EPA Reversal of Refrigerant Requirements Is Good for Companies

On Sunday, April 12, Virginia Governor Ralph Northam signed into law the Virginia Clean Economy Act and the Clean Energy and Community Flood Preparedness Act. These two new laws will require Virginia to transition to 100 percent carbon-free energy by 2050 and join the Regional Greenhouse Gas Initiative (RGGI).
Continue Reading Virginia Enacts Aggressive Clean Energy Laws

Building on a host of renewable and alternative energy portfolio programs that have incrementally worked to decarbonize the electric sector, Massachusetts is poised to launch a Clean Energy Peak Standard (CPS) in the summer of 2020. The pivotal distinction between the CPS and other Massachusetts programs is that programs to date have incentivized renewable and alternative energy sources to simply “show-up,” while the CPS takes aim at incentivizing new and existing generation resources to “show-up at the right time” in order to further reduce greenhouse gas (GHG) emissions.
Continue Reading Massachusetts Races to Decarbonize the Peak

Facing criticism that they impede sustainable development, traditional cross-border investor protections are eroding. More balanced stabilization and equitable treatment provisions allow greater discretion to regulate environmental and social impacts. Enhanced due diligence, focused on project impacts, international standards, CSR obligations and regulatory discretion in applicable treaties or investment contracts, can help offset this increased risk.
Continue Reading Eroding Investor Protections: Managing CSR and Political Risk in the Sustainable Brave New World

Unwilling to wait for further federal action, Massachusetts, Maine and Rhode Island are joining a group of other states (e.g., California, Vermont, Washington, Connecticut, Delaware and New York) that have either resuscitated or announced their intent to revive EPA’s ban on the end use of some HFCs at the individual state level.
Continue Reading Ozone’s Cure is Climate’s Scourge—Northeast States to Ban Use of Hydrofluorocarbons