Electricity LawPower Sector Replacing the Utility Transmission Syndicate’s Control Technological progress can topple industry titans. But in the electricity industry, entrenched power can stymie disruptive change by setting rules that block competition and reinforce the status quo. In Replacing the […] November 1, 2023
Corporate Climate RiskState & Regional Climate Strategies Signs of Progress on Corporate Climate Disclosure Ahead of SEC’s Final Rule Companies will need to continue to respond to the call from a range of stakeholders including investors and consumers for increased transparency about climate commitments and climate risks as well as new regulations and litigation risks. September 19, 2023
Administrative LawClimateStudents Held v. Montana: A Win for Young Climate Advocates and What It Means for Future Litigation How this case reached the Court in the first place, implications of the use of the major questions doctrine, and EPA’s path forward. August 30, 2023
Environmental Justice President Biden Issues Long-Awaited Update to Clinton-era Environmental Justice Executive Order On April 21, 2023, President Biden issued Executive Order (EO) 14096, “Revitalizing Our Nation’s Commitment to Environmental Justice for All,” updating President Clinton’s EO 12898 issued in 1994, “Federal Actions […] August 3, 2023
Administrative LawClean WaterSupreme Court Decisions Sackett v. EPA: Departure from Textualism Significantly Limiting Clean Water Protection A review of the CWA’s litigation and regulatory history and the Sackett decision. June 16, 2023
Inflation Reduction ActOnshore EnergyStudents Wind Wakes and the Right to Wind Power Generation An overview of conflicts over wind wakes and discussion about recent developments in case law that address the issue. May 23, 2023
Clean AirPower Sector EPA’s Proposed Greenhouse Gas Emission Standards for Power Plants are Consistent with Statutory Factors and Market Trends Compliance timelines and state plans, EPA’s environmental justice analysis, and impacts of the proposal on climate change, public health, and grid reliability. May 19, 2023
Clean Cars Ambitious and Achievable: EPA’s Proposed Multi-Pollutant Emissions Standards for Model Years 2027 and Later Light- and Medium-Duty Vehicles Overview of the proposed requirements and review the statutory authority, regulatory history, and evolving legislative and economic context in which EPA developed this proposal. April 25, 2023
Power Sector EPA’s Proposed Mercury and Air Toxics Standards (MATS) Residual Risk and Technology Review EPA’s proposed changes to MATS and stakeholder feedback. April 13, 2023