Today, the Eighth Circuit determined that the Next Generation Energy Act (“NGEA”), a Minnesota law that established power sector standards for carbon dioxide emissions, was unconstitutional (decision available here). In so doing, the Court affirmed the decision of District Court Judge Susan Nelson, whose 2014 decision we covered in “Court Declares Minnesota Coal Law Unconstitutional: … Continue Reading
In Paris over the weekend nearly 190 countries reached a landmark international agreement on climate change. My friend Gerard Wynn of GWG Energy has written an excellent explainer on exactly what was agreed to. Gerard has kindly agreed to let us share his post with Renewable + Law blog readers. His post follows below. [Originally … Continue Reading
Minnesota legislators passed the Next Generation Energy Act in 2007 which, in part, established power sector standards for carbon dioxide emissions. As a result Minn. Stat. §216H.03 now provides that no person shall: Construct within a state a new large energy facility that would contribute to statewide power sector carbon dioxide emissions; Import or commit to … Continue Reading
This week the California Air Resources Board (ARB) released a draft of its AB 32 Climate Change Scoping Plan Update. The original Scoping Plan was adopted in 2008 and must be updated every five years. The Scoping Plan serves as a blueprint for achieving AB 32’s goal of reducing greenhouse gas (GHG) emissions to 1990 levels by 2020. … Continue Reading
Today President Obama released his Climate Action Plan and highlighted the key components of the Plan at a speech at Georgetown University. The Plan has three primary goals: (i) cutting greenhouse gas (GHG) emissions in the U.S., (ii) preparing the United States for the effects of climate change, and (iii) leading international efforts to mitigate climate change. During … Continue Reading
On Friday, May 20, 2011, Judge Goldsmith of San Francisco Supreme Court issued a final order (PDF) with respect to a lawsuit challenging the environmental review of the Cap and Trade regulations created under California’s AB 32 Greenhouse Gas statute and the associated Scoping Plan. In its order, the Court enjoined the Cap and Trade portion of the … Continue Reading
Legal News Alert from Stoel Rives Environmental Law Group March 23, 2011 San Francisco Superior Court has issued a final decision in Association of Irritated Residents v. California Air Resources Board. For the moment, the California Air Resources Board (CARB) is enjoined from further rulemaking to implement the California Global Warming Solutions Act (A.B. 32), including for … Continue Reading
After a marathon 10-hour public hearing last Thursday, the California Air Resources Board voted 9-to-1 to adopt the state’s landmark Cap-and-Trade Program. My colleague, Lee Smith, and I spent the day at the packed California EPA auditorium, monitoring the hearing. Over 150 people strode up to the podium to give testimony during the public comment period, spanning … Continue Reading
An update from Sara Bergan and Sarah Johnson Phillips Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic Sequestration (GS) Wells See Pre-publication Rule The rule finalizes minimum federal requirements under the Safe Drinking Water Act for underground injection of carbon dioxide (CO2) for GS purposes. It establishes a new … Continue Reading
The EPA has issued proposed RFS2 rules for 2011 that provide some indications that the agency is dedicated to jump starting the advanced biofuels industry.… Continue Reading
Here is a Q&A I did with William Brent, the head of Weber Shandwick’s cleantech practice and blogger at www.mrcleantech.com: WB: I asked my friend Graham Noyes of law firm Stoel Rives who focuses his practice on bioenergy projects, federal energy incentives and carbon monetization for his thoughts on the Kerry Lieberman bill. Q (WB): … Continue Reading
The U.S. Department of Transportation (“DOT”) and the U.S. Environmental Protection Agency (“EPA”) have established new federal rules for greenhouse gas (“GHG”) emissions standards for all new passenger cars and light trucks sold in the US. The rules improve fuel efficiency, could save the average buyer up to $3,000 over the life of a 2016 … Continue Reading
As described in a previous alert, the Securities and Exchange Commission ("SEC") voted on Wednesday, January 27, 2010 to adopt an interpretive release to provide guidance on existing public company disclosure requirements as they apply to business or legal developments relating to climate change. The SEC has now distributed the interpretive release itself, which can … Continue Reading
Earlier today, the Securities Exchange Commission (SEC) posted its climate change interpretive release, which can be found at http://www.sec.gov/rules/interp/2010/33-9106.pdf. Our prior Blog on the subject is here, and our alert on the topic can be found here. Stoel Rives corporate securities partners Ron McFall and CJ Voss will be posting a follow up alert shortly. If you’d … Continue Reading
My partner Tom Wood circulated this preliminary alert this afternoon: "Earlier today the U.S. Securities & Exchange Commission (SEC) approved interpretive guidance intended to inform public companies how climate change must be taken into account when applying existing disclosure requirements. Specifically, the SEC’s interpretative guidance highlights the following areas as examples of where climate change … Continue Reading
The goal of the award-winning Evergreen production team is to document, promote and present the clean technology story to audiences of decision makers, regulators, citizens and students in Washington State, the Pacific Northwest and international markets. In December 2009, the Evergreen team traveled to Copenhagen to document the efforts of the Washington delegation at the United … Continue Reading
Stoel Rives partner Tom Wood reports: Minutes ago EPA announced its long awaited “endangerment” and “cause or contribute” findings in relation to six key greenhouse gases – carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. While technically this announcement is of limited significance (applying only to motor vehicle emissions), the policy import of … Continue Reading
At the Western Governors’ Association Annual Meeting on June 15, 2009, the Western Governors heard a sobering and candid report from Secretary of Energy Steven Chu, which, at its core, indicated that climate change is real and happening faster than scientists previously warned. According to Secretary Chu, "the news is getting scary . . . … Continue Reading
The Western Governors’ Association ("WGA") will hold its annual meeting in Park City, Utah on June 14-16, 2009. Based on a review of the Agenda posted to the WGA’s website, the focus of the meeting will be on developing regional and global strategies for addressing important issues related to energy resources, climate change and water. I will be … Continue Reading
On February 13, the Utah Public Utilities and Technology Committee voted to favorably recommend a House Resolution urging Governor Huntsman to withdraw Utah from the Western Climate Initiative. The resolution, 1st Sub. H.R. 3, contains recitals referring to “Utah’s abundant and clean burning coal,” the lack of balance in the Governor’s Blue Ribbon Council on … Continue Reading
Check out our recent client alert on President-elect Obama’s selection of California congresswoman Hilda Solis as Labor Secretary, which we believe highlights the significance the incoming administration is placing on clean renewable energy and the contributing role of green jobs. Also highlighted in our client alert is the efforts of several states, including Minnesota, California … Continue Reading
ASTM International (formerly the American Society for Testing and Materials) recently published a proposed voluntary standard entitled “Financial Disclosures Attributed to Climate Change,” intended to provide guidance on when public company disclosure of climate change matters is required. While the standard itself isn’t available via the Internet, a summary is available from the Brattle Group, which helped craft the … Continue Reading
