With the 119th Congress now assembled, Republicans control both the House and Senate, and will control the White House starting on January 20th. If history is any guide, this change in party control of the White House, plus unified control
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The EPR Obligations of the New Urban Wastewater Treatment Directive: Key Questions and Next Steps for Member States
The European Union has recently published a new (recast) Urban Wastewater Treatment Directive (“UWWTD”) in the EU’s official journal. The UWWTD imposes important new Extended Producer Responsibility (“EPR”) obligations that will have a significant financial and administrative impact…
California Air Resources Board Solicits Stakeholder Feedback on Implementation of Climate Disclosure Laws on the Heels of New Enforcement Advisory
On Monday, December 16, the California Air Resources Board (CARB) issued an information solicitation inviting feedback on the implementation of SB 253 and SB 261. Comments are due by February 14, 2025. This information request arrives on the heels of…
CFTC Guidance: A Potential Integrity Backstop for Evolving Voluntary Carbon Market
In late September, the Commodity Futures Trading Commission (Commission or CFTC) approved final guidance regarding the listing of voluntary carbon credit (VCC) derivative contracts on CFTC-regulated designated contract markets (Final Guidance). Commission observers had anticipated issuance of the Final Guidance…
DOE Announces up to $1.8 Billion in Funding in Next Phase of Regional Direct Air Capture Program
On October 10, the U.S. Department of Energy’s Office of Clean Energy Demonstrations (OCED) hosted a webinar providing an overview of the recently issued Notice of Intent (NOI) to award up to $1.8 billion in funding for new mid- and…
California Climate Disclosure Laws’ Compliance Timeline Remains Stable While New Amendments Give State Regulator More Time and Flexibility
Companies that do business in California and meet certain revenue thresholds should continue to prepare to comply with the state’s landmark climate disclosure laws that impose reporting deadlines starting in 2026, even as a newly enacted state law gives California…
New Sustainability Reporting Requirements for Data Centers in the EU
In March this year, the European Commission adopted the Delegated Act on a common rating scheme for data centers (“Delegated Act”) in the European Union (“EU”). The Delegated Act implements the Energy Efficiency Directive (“EED”) and details the energy key…
As Interest Grows, FERC Announces Technical Conference Regarding Co-Locating Data Centers
On August 2, the Federal Energy Regulatory Commission (FERC or Commission) issued a notice of a Commissioner-led technical conference this fall to discuss issues related to co-locating large loads, such as data centers, at generating facilities. A supplemental notice will…
When Is the Greenhouse Gas Emissions Rate Not Greater Than Zero? Proposed Regulations on the Tech-Neutral Credits Provide Clarification
On May 29, 2024, the Department of the Treasury (Treasury) and the IRS released proposed rules for the section 45Y clean electricity production tax credit (“Section 45Y Credit”) and the section 48E clean electricity investment tax credit (“Section 48E Credit”). …
Supreme Court Receives Filings with Key Implications for Climate Change Tort Suits
The Supreme Court will soon decide whether to hear two cases that could dictate the future of climate change tort suits. Such suits have proliferated in recent years: several dozen active cases assert state tort law claims—like nuisance, trespass, and…