Climate law is evolving rapidly. Federal, state, and local policymakers are moving forward with additional regulation. Meanwhile, private companies are reducing their carbon footprints, investing in offset projects, and developing adaptation strategies.
Publications
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10.19.2023California Enacts Broad Climate Disclosure LawsUpdatesCalifornia Governor Gavin Newsom signed two climate disclosure bills into law on October 7, 2023. They will impose significant reporting obligations on thousands of companies doing business in California.
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09.12.2023New Rules for Climate Commitment Act Designed To Rein in Compliance CostsUpdatesThe Washington Department of Ecology recently announced rulemaking intended to clarify a key cost containment provision of the Climate Commitment Act, the state’s carbon emissions cap-and-trade program.
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08.10.2023The US Patent and Trademark Office’s Climate Change Mitigation Pilot ProgramUpdatesThe U.S. Patent and Trademark Office extended its Climate Change Mitigation Pilot Program on June 6, 2023, encouraging inventors to play a more significant role in mitigating climate change. The USPTO created the CCMPP more than a year ago in response to President Biden’s Executive Order 14008, which supports climate action throughout the United States.
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06.22.2023Nature-Based Carbon Offsets—Race to Quality?UpdatesOver the last decade, carbon offsets have gained popularity within the retail and consumer products industry as a voluntary tool to mitigate their Scope 1, 2, and 3 greenhouse gas emissions.
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06.06.2023BOEM Takes Next Step Toward 2023 Gulf of Mexico Offshore Wind Lease SaleUpdates
On May 30, 2023, the Bureau of Ocean Energy Management announced its final environmental assessment considering the effects of site characterization and site assessment activities associated with the leasing of federal waters in the Gulf of Mexico for offshore wind development. BOEM’s issuance of the final environmental assessment is one of the last steps before it holds the first-ever offshore wind lease auction in the Gulf of Mexico, which is anticipated to occur in fall 2023.
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05.26.2023District Court Dismisses Case Challenging Offshore Wind ProjectUpdatesThe U.S. District Court for the District of Massachusetts granted the government’s motion for summary judgment on May 17, 2023, in a case seeking to invalidate agency approvals of the first utility-scale offshore wind project in the United States.
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04.20.2023IRS Issues Guidance on Battery Sourcing Requirements for Clean Vehicle Tax CreditsUpdatesThe Internal Revenue Service published guidance on April 17, 2023, in the form of a Notice of Proposed Rulemaking, detailing the critical minerals and battery components requirements under Section 30D, enacted by the Inflation Reduction Act of 2022.
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03.23.2023Offshore Wind and Green Hydrogen: What Opportunities Lie AheadUpdatesThe development of clean hydrogen—a key component to meeting the Biden Administration’s ambitious clean energy goals—was bolstered this week by the Administration’s announcements of the Pathways to Commercial Liftoff: Clean Hydrogen report and of $750 million in funding for research, development, and demonstration of clean hydrogen technologies. Because of its reliance on renewable energy, green hydrogen presents a significant opportunity for the offshore wind industry. As highlighted in the White House Ocean Climate Action Report, released on March 21, 2023, offshore wind development is a priority in the United States, with the Administration’s goal to deploy 30 gigawatts of offshore wind by 2030 and 15 GW in floating offshore wind by 2035.
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02.02.2023Washington State Implements Major Programs To Reach Climate GoalsUpdatesTwo climate-related regulatory programs impacting business and industry in Washington state took effect on January 1, 2023. First, the Climate Commitment Act (CCA) introduces an economywide emissions cap-and-invest program. Second, the Clean Fuels Program will regulate transportation emissions. Together, these programs are intended to help the state reach ambitious statutory emissions reductions targets, including a goal of achieving a 95% reduction in greenhouse gas emissions below 1990 levels by 2050.
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01.11.2023IRS Issues Fact Sheet for New Federal Clean Vehicle Tax CreditsUpdatesThe Internal Revenue Service published a fact sheet clarifying changes in federal clean vehicle tax credits enacted through the Inflation Reduction Act in August 2022.
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01.11.2023The Biden Rule: Redetermining Where Water Ends and Land BeginsUpdatesThe U.S. Environmental Protection Agency and the U.S. Department of the Army jointly announced on December 30, 2022, the latest final rule that attempts to define “waters of the United States” under the Clean Water Act. The Rule will take effect 60 days after its publication in the Federal Register.
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01.10.2023CEQ Issues Guidance on Evaluating Greenhouse Gas and Climate Change Effects Under NEPAUpdatesThe Council on Environmental Quality published guidance on how to evaluate greenhouse gas emissions and climate change under the National Environmental Policy Act.
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09.09.2022California Approves Ambitious Plan to Phase Out Sale of New Gas-Powered Cars by 2035UpdatesThe California Air Resources Board, on August 25, 2022, voted to adopt the lengthy and complex second iteration of the state’s ambitious zero-emission vehicle regulation now set to fully phase out the sale of conventional gas-powered vehicles by 2035.
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09.07.2022California Seeks To Curb Declining Water Supply With New Executive ActionsUpdates
Governor Gavin Newsom announced a revamped water strategy on August 11, 2022, in response to updated projections that California could witness a 10% reduction in water supply by 2040 due to the accelerated impacts of climate change.
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08.26.2022The Inflation Reduction Act and the Rise of Clean HydrogenUpdatesPresident Biden signed into law the Inflation Reduction Act on August 16, 2022, which, among other things, uses the tax code to slow the effects of climate change by significantly investing in clean energy and reducing of greenhouse gas emissions by 40% by 2030.
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07.19.2022BOEM Announces First Regional Environmental Analysis of Offshore Renewable EnergyUpdatesThe Bureau of Ocean Energy Management published its notice of intent on Friday, July 15, 2022, to prepare a programmatic environmental review to analyze the potential impacts of wind energy development activities in the New York Bight—offshore New York and New Jersey.
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07.18.2022California Expands Energy Commission’s Jurisdiction to Bolster Clean Energy DevelopmentUpdatesGov. Newsom signed AB 205 into law on June 30, 2022, a legislative effort that significantly expands the California Energy Commission’s jurisdiction and encourages the development of new clean energy projects.
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07.14.2022West Virginia v. EPA Curtails Federal Climate ActionUpdatesThe U.S. Supreme Court’s recent decision in West Virginia v. Environmental Protection Agency curtailed the agency’s authority to regulate emissions from power plants through rules shifting electricity generation from coal to more renewable sources.
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06.01.2022Climate Change and the Biden Energy Agenda Part I: InfrastructureArticlesStacey Bosshardt and Megan McLean co-authored Climate Change and the Biden Energy Agenda Part I: Infrastructure, the first article in two-part series in the PLI Chronicle about the Biden Administration’s climate change agenda.
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05.06.2022To Meet ESG Goals, Cos. Must Scrutinize Carbon OffsetsArticles
Law360
Seemingly every other week, another company pledges to reduce greenhouse gas emissions, and to achieve net-zero emissions by 2050 or sooner. These efforts are to be applauded. -
04.25.2022FERC Greenlights PJM and New Jersey Offshore Wind Transmission AgreementUpdatesOn April 14, 2022, the Federal Energy Regulatory Commission accepted a “State Agreement Approach” Agreement between PJM Interconnection, LLC and the New Jersey Board of Public Utilities effective April 15, 2022.
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04.11.2022Biden Administration Secures Supply Chains of Strategic and Critical Minerals for Clean Energy EconomyUpdatesPresident Biden, on March 31, 2022, invoked the Defense Production Act to secure reliable supply chains for minerals essential to a clean energy transition.
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04.04.2022Biden Administration Continues Offshore Wind Momentum With Ninth Lease SaleUpdatesThe Bureau of Ocean Energy Management (BOEM) released its final sale notice (FSN) for two lease areas totaling 110,091 acres in the Carolina Long Bay Area on March 25, 2022.
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03.30.2022Record-Setting Auction, Flurry of Transmission Planning Activity Demonstrate Growing Momentum for Offshore WindUpdatesOffshore wind energy development received a huge dose of momentum at the end of February, as the Bureau of Ocean Energy Management (BOEM) held the largest offshore wind lease sale ever in the United States.
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03.30.2022What Companies Should Know Now About the SEC’s Proposed Rule on Mandatory Climate Disclosures—and How to Plan AheadUpdatesThe U.S. Securities and Exchange Commission on March 21, 2022, proposed detailed and wide-ranging requirements for publicly traded companies to disclose their greenhouse gas (GHG) emissions and climate risks in their registration statements and annual or other periodic reports.
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03.24.2022Government Moves to Dismiss Case Challenging New York Bight Wind Energy Area DesignationsUpdatesA New Jersey based nonprofit organization, Save Long Beach Island, and its president sued in the U.S. District Court for the District of Columbia in January 2022.
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03.15.2022EPA Adopts New ASTM Standard for Phase I Environmental Site AssessmentsUpdatesThe U.S. Environmental Protection Agency, on March 14, 2022, issued both a final rule incorporating revised ASTM International standard practices, ASTM International’s E1527–21 ‘‘Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,’’ and a proposed rule soliciting comment on this action.
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02.02.2022Escalating Stakes in Battle for Ocean WindUpdatesOffshore wind development in the United States continues to draw opposition from coastal landowners, businesses, organizations, and other users of ocean waters, as it has since the industry first emerged here.
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12.16.2021Opportunities and Challenges in Biden’s Plan for a Zero-Carbon Federal Government by 2050President Biden signed an executive order on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by 2050
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12.16.2021The Biden Administration’s Plan for a Zero-Carbon Federal Government by 2050UpdatesPresident Biden signed an executive order on December 8, 2021, directing the federal government to use its scale and procurement power to slash its carbon emissions by 65% by 2030 and achieve net-zero emissions by 2050.
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12.09.2021The Infrastructure Investment and Jobs Act Creates a Network of Electric Vehicle Charging Stations, but Issues RemainUpdatesThe Infrastructure Investment and Jobs Act, signed into law by President Biden on November 15, 2021, has the potential to transform the surface transportation sector in the United States.
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11.22.2021COP26: Corporate Impacts and OpportunitiesUpdatesThe 26th United Nations Climate Change Conference of the Parties, wrapped up earlier this month in Glasgow, Scotland, after two weeks of negotiations. This update discusses how international agreements and U.S. policy announcements coming out of COP26 will affect businesses and provide opportunities in the months and years ahead.
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11.15.2021How the Infrastructure Investment and Jobs Act and Build Back Better Bill Would Advance the Offshore Wind SectorUpdatesThe $1.2 trillion Infrastructure Investment and Jobs Act, which President Biden signed into law today, and the proposed $1.75 trillion Build Back Better Act (H.R. 5376) each set aside historic investments in clean energy.
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11.01.2021DOE Loan Programs Office Backs Loan Guarantees to Foster Innovation and Achieve 2050 Net Zero Carbon EconomyUpdatesUnder the new leadership of Director Jigar Shah, the U.S. Department of Energy’s Loan Programs Office (LPO) has announced that more than $40 billion is available in loans and loan guarantees to fund innovative energy infrastructure projects.
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09.29.2021California Commits $15 Billion to Fighting Climate ChangeUpdatesGovernor Gavin Newsom signed a $15 billion legislative package on September 23, 2021, funding efforts to combat climate change in California over the next three years.
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04.21.2021Managing Conflict: Department of the Interior Implementation of 2020 NEPA RegulationsUpdatesThe secretary of the interior issued two Secretarial Orders on April 16, 2021, that provide early indications of the Biden administration’s approach to the environmental review process for infrastructure projects under the National Environmental Policy Act.
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03.26.2021FERC Announces GHG Emissions Assessments in Pipeline Certificate ProceedingsUpdatesOn March 22, 2021, FERC took a step toward reforming the way in which it analyzes greenhouse gas (GHG) emissions for purposes of natural gas pipeline certificates. However, FERC did so via a certificate order rather than a revised policy statement, as many had anticipated, and garnered sharply dissenting opinions from two commissioners as a result.
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03.08.2021Climate Change Takes Center Stage at the SECUpdates
Over the past few weeks, the U.S. Securities and Exchange Commission has taken several actions that put climate change front and center, reflecting the importance to many investors of climate change related disclosures.
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02.01.2021The Race to a Clean Electricity Future in Washington State Begins With WUTC and Commerce RulesUpdatesIn May of 2019, the Clean Energy Transformation Act (CETA) became law in Washington state and set bold decarbonization and renewable energy mandates for electric utilities
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01.23.2020Washington Supreme Court Invalidates Indirect Emitter Portions of the Clean Air RuleUpdatesIn a split decision issued on January 16, 2020 the Washington State Supreme Court ruled that the Department of Ecology lacks authority under the state’s Clean Air Act (CCA) to cap greenhouse gas emissions from indirect emitters like natural gas and petroleum product distributors.
Presentations
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05.01.2024The Law of Climate ChangeSpeaking EngagementsEnvironmental Law Institute Western Bootcamp Course / San Francisco, CA
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04.17.2024Climate and SustainabilitySpeaking EngagementsPanel Discussion
Northwestern Law School / Seattle, WA -
09.21.2023Sustainability: Contract Drafting for the Unknown Reasonably and With AccountabilitySpeaking EngagementsAmerican Bar Association Forum on Air and Space / Dallas, TX
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05.04.2023International Climate Change Law: Developments and ChallengesSpeaking EngagementsUniversity of Washington School of Law / Seattle, WA
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04.04.2023The Law of Climate ChangeSpeaking EngagementsEnvironmental Law Institute Western Bootcamp Course / San Francisco, CA
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10.18.2022Climate Change and International LawSpeaking EngagementsUniversity of Washington School of Law / Seattle, WA
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01.27.2022What Is ESG? An Exploration of Environmental, Social, and GovernanceSpeaking Engagements
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10.29.2021Climate Change and International LawSpeaking EngagementsUniversity of Washington School of Law / Seattle, WA
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06.09.2021The Future of NEPA—the Status and Future of New NEPA RulesSpeaking EngagementsAmerican Bar Association / WebinarMatt Rojas and Ted Boling participated in a panel entitled “The Future of NEPA—the Status and Future of New NEPA Rules” on a recent ABA-sponsored webinar.
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05.20.2021CEQ's Review of the 2020 Final Rule: Issues and OpportunitiesSpeaking EngagementsThis presentation discussed the major issues in the Council on Environmental Quality's (CEQ) 2020 final rule updating the National Environmental Policy Act (NEPA) Implementing regulations, the CEQ process to "consider suspending, revising, or rescinding," the 2020 rule under Executive Order 13990, and recommendations on which provisions from the 2020 rule should be retained or modified.
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03.23.2021The Law of Climate ChangeSpeaking Engagements
Environmental Law Institute
Seventeenth Annual Western Boot Camp on Environmental Law® -
02.16.2021
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03.25.2020
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01.23.2020Moving Forward to Optimize the Role of Natural Gas on the Future GridSpeaking EngagementsModerator
EUCI Conference / Denver, CO -
01.22.2020The Changing Regulatory Legal Landscape for Natural GasSpeaking EngagementsEUCI Conference / Denver, CO