The Climate Report | Fall 2018

Climate Change Regulatory Issues & Updates

Comment Period Ending on EPA's Affordable Clean Energy Proposal

A 60-day public comment period on the Affordable Clean Energy rule to replace the Obama Administration's Clean Power Plan ends on October 30, 2018.


Carbon-Free California

On September 10, 2018, California Governor Jerry Brown set California on an ambitious clean energy path with the signing of Senate Bill 100, which requires that by 2045, 100 percent of California's electricity be generated from zero-carbon sources. Governor Brown also signed an executive order establishing a new statewide goal to reduce California's overall emissions to zero by 2045 and then go negative thereafter.


Land Use and Forestry to Contribute to Greenhouse Gas Emissions Reduction Under the European Union Framework

On May 30, 2018, the European Parliament and Council adopted Regulation (EU) 2018/841 "on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework." The Regulation does not set any obligation for private parties, but it may ultimately result in stronger obligations for actors in the sector.


Climate Change Litigation Issues & Updates

Ninth Circuit Once Again Upholds a State's Clean Fuel Standards

For the second time in five years, the United States Court of Appeals for the Ninth Circuit has upheld a state's regulatory efforts to reduce greenhouse gas emissions from transportation fuels. On September 7, 2018, a divided Ninth Circuit panel affirmed the United States District Court for the District of Oregon's dismissal of industry groups' lawsuit challenging Oregon's Clean Fuels Program.


Environmental Organizations Challenge Rollback of Obama-Era Methane Rule

On September 28, 2018, several environmental groups filed suit, challenging the U.S. Bureau of Land Management's rule rescinding almost all provisions of the Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule.


Climate Change Transactional Issues & Updates

Corporate Sustainability Disclosures—Ways to Manage and Reduce Risks

Although sustainable corporate development has been embraced by virtually every public company, it is increasingly the case that a company's sustainability disclosures may expose it to increased litigation or government investigation risks. Corporate management and boards of directors therefore must assess how to balance increased sustainability disclosures with management of corporate risk.


The Lost Decade? Leadership Spills and Climate Change Policy in Australia

Australia's national energy and climate change policy has unfortunately stalled once again due to a leadership spill in late August 2018 that led to former Treasurer Scott Morrison replacing Malcolm Turnbull as Prime Minister. What does this mean for the future of the Turnbull government's "National Energy Guarantee" policy?


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