US EPA periodically issues compliance advisories and enforcement alerts that highlight the agency’s enforcement efforts related to specific regulations and regulatory provisions. One recent EPA enforcement alert targets air emissions from stationary engines subject to the RICE NESHAP under 40
EHS Law Insights
Comment and analysis by Reed Smith lawyers on the latest developments in Environmental Health & Safety
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California’s new carbon capture and storage laws
California Governor Gavin Newsom recently signed three bills addressing carbon capture, utilization and storage (“CCUS”) and carbon dioxide removal (“CDR”). Collectively, these bills create a pathway for new regulation of CCUS and CDR projects, enabling them to become part of…
Sixth Circuit’s Interlocutory Order Reviewing PFAS Class Action Highlights Issues With Certifying Class
The Sixth Circuit issued an order on September 9, 2022 granting review of a class certification from March 7, 2022 that certified a class of roughly 11.8 million Ohio residents claiming injuries from per- and polyfluoroalkyl substances, or PFAS.
Background…
Environmental aspects of the Inflation Reduction Act of 2022
Introduction
President Biden signed the Inflation Reduction Act of 2022 (the Act) into law on August 16, 2022. The Act represents an expansive investment in the energy industry, with many provisions targeting clean energy and climate change issues through funding…
EPA Proposes Expansive Changes to EPA RMP Rule
As anticipated, on Friday the U.S. Environmental Protection Agency (EPA) issued a proposed Risk Management Program (RMP) Safer Communities by Chemical Accident Prevention rule pursuant to the Clean Air Act. The proposed rule would reinstate certain provisions newly introduced…
The crypto carbon market: where next?
By Adam Hedley
Over the last year, we have seen the emergence of a new carbon market based on the tokenisation of voluntary carbon credits. It represents a new, decentralised approach towards scaling up the carbon market, and it has seen very rapid…
How the United States is regulating greenhouse emissions
The U.S. Securities and Exchange Commission is requiring large business to report on their (indirect) Scope 3 emissions. This reporting obligation comes in addition to company reporting on the carbon impact of its own activities and the power it consumes.…
Legal uncertainty around voluntary carbon credits
By Adam Hedley & Yasemin Smith
The voluntary carbon market has really taken off in the last few years, with the adoption of the Paris Agreement in 2016 and the Glasgow Climate Pact of 2021. It has been fueled also by numerous new net-zero emission commitments…
PFAS and Real Estate Transactions: Key Considerations in 2022
Before the 2010s, many real estate deals closed without the mere mention of per- and polyfluoroalkyl substances (PFAS) as part of negotiations or in diligence. Leap forward a decade to 2022 and diligence questions relating to the presence of PFAS…
How fossil fuel companies are adopting carbon-neutrality during green transition
Can carbon-neutral fossil fuels can gain credibility and scale up through voluntary efforts, or will market adoption have to be compelled through mandatory regulation?
Key takeaways1. Fossil fuel producers are looking for interim solutions during the green energy transition2. Use…