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Climate Change Hero

Climate Change Blog

  • 15
  • March
  • 2017

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Major Investment Manager Makes Climate-Related Disclosure a Priority for 2017-2018

Earlier this month the world’s largest asset manager, BlackRock, Inc., announced five “engagement priorities” for the coming year. Improving climate risk disclosure made BlackRock’s priority list alongside the more traditional areas of focus: governance, corporate strategy, compensation and human capital. BlackRock stated it will “engage companies most exposed to climate risk to understand their views on the TCFD [Task Force on Climate-related Financial Disclosures] recommendations and to encourage them to consider using this reporting framework as it is finalized and subsequently evolves over time.”

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  • 14
  • March
  • 2017

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EPA Withdraws Request for Information About GHG Emissions From the Oil and Gas Industry

On March 2, 2017, EPA announced that it was withdrawing its information collect request (the “ICR”) asking owners and operators in the oil and natural gas industry to provide information on equipment and air emissions at existing oil and gas operations. The withdrawal is effective immediately, meaning owners and operators—including those who have received an extension to their due dates for providing the information—are no longer required to respond to the request. Unlike other actions taken by the prior administration’s EPA, such as final regulations promulgated in compliance with the Administrative Procedure Act (“APA”), the ICR could be withdrawn without notice and comment, because it was not a rule subject to APA procedures.

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  • 09
  • March
  • 2017

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Automakers Request that EPA Withdraw Final Determination Vehicle Emission Standards and Resume Midterm Evaluation

On Tuesday, February 21st, the Alliance of Automobile Manufacturers (“Alliance”), an association representing twelve of the leading manufacturers of cars and light trucks in the United States, formally requested that EPA withdraw the Final Determination on the Appropriateness of the Model Year 2022-2025 Light-Duty Vehicle Greenhouse Gas Emissions Standards under the Midterm Evaluation (“Final Determination”).

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  • 17
  • February
  • 2017

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Beyond Regulations: What Additional Changes to Climate Change Policy Could Happen Under the Trump Administration?

The few public statements from then-candidate Trump regarding climate policy indicated that he will seek to reverse much of his predecessor’s course on laws and policies pursued in the name of preventing climate change, including the Paris Agreement and the Clean Power Plan. The President has also stated that he wants to cut regulations by 75%, and released an Executive Order limiting the creation of new regulations. But even outside of the realm of formal regulations, there are a number of climate-related policies of the previous administration that could be impacted by President Trump’s policy preferences.

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  • 02
  • February
  • 2017

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With the Clean Power Plan Under Attack Could a Climate NAAQS be Next?

While on the campaign trail, President Trump made several statements suggesting that he will seek to reverse many of the regulations and guidance documents that constitute President Obama’s Climate Action Plan, including the Clean Power Plan. Recent actions and statements by the Trump Administration have further signaled the potential for a significant reversal of U.S. climate policy. Given that the new Administration is unlikely to pursue further policies aimed at cutting greenhouse gas (GHG) emissions, and may even attempt to roll back some existing regulations, many environmental organizations and think tanks are considering alternative measures to achieve emission reductions.

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  • 17
  • January
  • 2017

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GAO Recommends Incorporating Forward-Looking Climate Information into Design Standards and Building Codes

On January 3, 2017, the U.S. Government Accountability Office (“GAO”) released a report concluding that better coordination among — and the sharing of forward-looking climate information between — federal agencies could result in significant government cost savings. Forward-looking climate information includes weather models constructed using anticipated trends in climate change and other plausible projections of what might happen under a given set of assumptions, such as projected rainfall rates. The GAO observed that, over the last decade, “the federal government has incurred direct costs of over $320 billion due to extreme weather events,” including costs related to repairs of federal infrastructure. These costs may continue to rise as the climate changes, with extreme weather events becoming more frequent. The GAO concluded that — as the owner, operator, and insurer of property vulnerable to climate impacts — the federal government stands to benefit from the incorporation of forward-looking climate information into building codes, standards, and certifications. However, design standards and building codes generally use historical climate observations, and standards-setting organizations have identified various challenges to using forward-looking climate information. The GAO report finds that improving interagency coordination and providing the best available forward-looking climate information to standards-setting entities could help address many of these challenges.

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  • 22
  • December
  • 2016

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Happy Holidays

The contributors to the Climate Change Blog wish you a wonderful holiday season and a very happy new year. We will be taking some time away from the blog, but will return in early 2017.

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  • 13
  • December
  • 2016

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Two New Class Action Complaints Against Exxon Allege Climate Fraud

In November, two class action complaints were filed against Exxon Mobil — Ramirez v. Exxon in the Northern District of Texas and Fentress v. Exxon in the Southern District of Texas. Ramirez is a purported class action for purchasers of Exxon common stock, while Fentress alleges class action claims under Employee Retirement Income Security Act (“ERISA”) on behalf of current and former Exxon employees who participated in an employee stock option plan during the class period. Both of these cases rest upon a very similar set of factual allegations, and are significant as the potential beginning of a new type of climate change litigation.

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  • 06
  • December
  • 2016

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85-Year Climate Forecasts Prompt Species Listing Under the Endangered Species Act

In late October, the Ninth Circuit Court of Appeals upheld the National Marine Fisheries Service’s (NOAA Fisheries) decision to list the Beringia distinct population segment (DPS) of the Bearded Seal as threatened under the Endangered Species Act (ESA).1 This listing decision was controversial because the Beringia DPS is not facing any imminent or serious threat or reduction to its population. Indeed, NOAA Fisheries acknowledged that the Beringia DPS currently has a large, widely distributed, and genetically diverse population. Nevertheless, NOAA Fisheries concluded that the Beringia DPS was threatened, based primarily on climate change models that predict the loss of sea ice by the year 2095 in ways that would likely affect the seal’s significant life functions and endanger the seal. This is the first time NOAA Fisheries has looked so far into the future to form a basis to list a species as threatened that is currently faring well.

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  • 31
  • October
  • 2016

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Environmental Groups Perpetuate a "Climate Alarmism Enterprise," RICO Suit Claims

On September 12, 2016, Leonid Goldstein filed a civil lawsuit in the Northern District of Texas alleging a massive criminal scheme by numerous environmental non-governmental organizations (“NGOs”) and unnamed individuals to perpetuate the “false claim” of “dangerous ‘global warming’” through a criminal scheme that the complaint describes as a “Climate Alarmism Enterprise.” In what is perhaps a first in the climate change legal battles, Goldstein alleges that in advocating for a solution to climate change, these environmental groups violated the Racketeer Influenced and Corrupt Organizations (“RICO”) Act, a federal statute aimed at combatting organized crime.

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  • 21
  • September
  • 2016

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North Dakota Reveals Basic Framework for Challenge of EPA's Quad Oa Methane Regulations for the Oil and Gas Sector

As discussed in this previous post, a number of states and industry groups have taken a stand against the Environmental Protection Agency’s new methane and VOC emissions regulations for the oil and gas sector (“Quad Oa”). North Dakota recently provided additional insight about the claims that it plans to bring against EPA in the U.S. Court of Appeals for the D.C. Circuit.

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Texas Challenges EPA’s Failure to Make New Endangerment Findings for the Quad Oa Methane Rules for the Oil and Gas Sector

As discussed in this previous post, a number of states and industry groups have challenged EPA’s new VOC and methane emission regulations for the oil and gas sector (“Quad Oa”). Texas has now further defined the claims it plans to bring against EPA in the U.S. Court of Appeals for the D.C. Circuit.

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Ninth Circuit lends biomass a Helping Hand

On September 2, 2015, the Court of Appeals for the Ninth Circuit handed down its opinion in a consolidated case - Helping Hand Tools v. U.S. Environmental Protection Agency (available here). In it, the court held that EPA did not act arbitrarily or capriciously in granting a Prevention of Significant Deterioration (“PSD”) permit under the Clean Air Act to Sierra Pacific Industries, Inc. Both Helping Hand Tools and the Center for Biological Diversity had petitioned the court to review the permit and the court consolidated their petitions. The decision is clearly a win for EPA and Sierra Pacific. Since EPA’s exemption for biomass PSD permitting expired in 2014, biomass facilities have been subject to PSD permitting for greenhouse gases, but the manner in which they would be treated has remained an open question. The Ninth Circuit’s opinion applies established precedent regarding the PSD permitting program to a biomass facility, establishing that biomass facilities cannot be compelled to consider other forms of generation in the best available control technology analysis. The opinion is also noteworthy because the court granted deference to EPA’s Bioenergy BACT Guidance.

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  • 18
  • August
  • 2016

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Additional Legal Challenges to EPA’s New Methane Emissions Regulations

Legal challenges to EPA’s recently finalized methane and VOC emissions regulations for the oil and gas sector (“Quad Oa”) continue to gain traction as additional states and affected industry groups file suit. On August 2, 2016, a coalition of 14 states and a collection of oil and gas industry groups each filed petitions asking the U.S. Court of Appeals for the D.C. Circuit to review the new standards. The American Petroleum Institute (“API”) and the Western Energy Alliance have also filed individual challenges to the rules. North Dakota and Texas filed similar petitions for review in July.

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Contributors

Margaret E. Peloso

Margaret E. Peloso Counsel

Eric Groten

Eric Groten Partner

George C. Hopkins

George C. Hopkins Partner

Michael B. Wigmore

Michael B. Wigmore Partner

Mattew T. Dobbins

Matthew Dobbins Senior Associate

Tyler E. Robinson

Tyler E. Robinson Senior Associate

Theresa Romanosky

Theresa Romanosky Associate

Brandon M. Tuck

Brandon M. Tuck Senior Associate