Semi trucks parked

California Withdraws EPA Waiver Request for Zero-Emission Advanced Clean Fleet Regulations

California’s Air Resources Board (CARB) on Jan. 13 sent a letter to withdraw its request to the Environmental Protection Agency pursuant to Sections 209(b) of the Clean Air Act (CAA) for a federal waiver that would require commercial truckers to switch to using zero-emissions vehicles in accordance with the CARB’s Advanced Clean Fleets regulation (ACF).

Had it been granted a waiver, CARB would have been allowed to put into effect the drayage and “high priority fleets” provisions of the ACF. CARB first requested this wavier …

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oil refinery

Law Gives California’s Energy Commission Ability to Nudge Oil Refiners to Make Better Inventory Decisions

California Gov. Gavin Newsom on October 14 signed into law Assembly Bill X2-1, significantly increasing the authority of the California Energy Commission (CEC) to create requirements for the state’s oil refiners to preserve minimum inventories of state-compliant refined transportation fuels.

Authored by assemblymembers Gregg Hart and Cecilia Aguiar-Curry in conjunction with Sen. Nancy Skinner, the law take effect in January 2025 and expands the powers of the recently created Division of Petroleum Market Oversite (DPMO) within the CEC.

DPMO was created last year as …

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Town-with-smog

California Retains Jurisdiction Over Fossil Fuel Companies Named in Climate Change Lawsuits

The ELM blog has covered several lawsuits filed over the past several years against major fossil fuel companies by plaintiffs seeking damages due to climate change caused by greenhouse gas emissions. The claims in these lawsuits have been based on not only common law principles such as public nuisance, but also state laws, including California’s consumer protection laws.

While these lawsuits have had slight differences, one common theme running through them is the defense raised by the oil companies that state courts, like California’s, lack …

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Flag of California Republic in San Francisco

California May Put Its Historic Climate Disclosure Laws on Hold

In an update to the Environmental Law Monitor’s continuing coverage of California’s historic climate disclosure laws, California State Sen. Scott Weiner put forth on August 13 proposals to Senate Bill 219 that would delay the effective date of the Golden State’s 2023 emissions and climate-related financial risk corporate disclosure laws.

As our readers may remember, signed into law back in November 2023, the legislation at issue were SB 253 and SB 261, which created landmark greenhouse gas emission and climate-related financial risk reporting requirements …

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Pipe line

Appellate Court Vacates FERC’s Approval of $950M Natural Gas Pipeline Project

Late last month, the U.S. Court of Appeals for the District of Columbia Circuit, in New Jersey Conversation Foundation, et al. v. FERC, unanimously vacated the Federal Energy Regulatory Commission’s (FERC) approval of the Transcontinental (Transco) Gas Pipe Line Company Regional Energy Access Expansion Project.

The roughly $950 million gas pipeline project involves the construction and operation of over 36 miles of new natural gas pipeline facilities built by a Williams Co. subsidiary. In addition to the pipeline, the project called for the …

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Flag of California

California will Soon Vote on Proposed $10 Billion Climate Bond

In one of its last official acts before starting its summer recess earlier this month, the California legislature passed a bill putting Prop 4 on the November ballot, which would allow the state to borrow $10 billion plus interest toward addressing climate change. Before it gained the moniker “Prop 4,” the bond measure was initially called SB 867 – The Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024.

Passed on July 3 by both the California Senate and Assemblymembers, …

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power station

Federal Agencies Join White House in Outlining Principles for Voluntary Carbon Markets

On May 28, multiple federal agencies in conjunction with the White House published a Joint Policy Statement that laid out the principles for the further development of future, high-integrity voluntary carbon-credit markets.

The 12-page Joint Statement of Policy and New Principles for Responsible Participation in Voluntary Carbon Markets was co-signed by Treasury Secretary Janet Yellen, Agricultural Secretary Thomas Vilsack, Energy Secretary Jennifer Granholm, Senior Advisor for International Climate Policy John Podesta, National Economic Advisor Lael Brainard, and National Climate Advisor Ali Zaidi.

The Joint Statement …

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Ecological catastrophy

ITLOS Issues Historic Advisory Opinion on Climate Change and International Law

On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) published what has been deemed as an “historic” and “unprecedented” advisory opinion on climate change, international law, and on state obligations regarding climate change. Sought by the international organization called the Commission of Small Island States (COSIS), the historic nature of this opinion comes from the fact that this is the first time an international tribunal has issued an opinion clarifying the international law obligations on states binding them to protect …

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business report on digital tablet

With Mounting Litigation from Multiple Courts, SEC Stays its New Climate Disclosure Rules

Last month, our readers will recall that we reported on some pushback raised regarding the new climate disclosure rules promulgated by the U.S. Securities and Exchange Commission requiring publicly traded registrants to provide certain climate-related information in future registration documents and annual reports (the “Final Rules”).

As SEC Chairman Gary Gensler said in a press release announcing the new disclosure rules, the Final Rules were meant to “reflect the Commission’s efforts to respond to investors’ demand for more consistent, comparable, and reliable information …

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Close-up of pumping unit in mountainous oil field

New California Bill Aims to Restore Local Governments’ Ability to Limit or Ban Certain Oil and Gas Extractions

As reported to our readers in August 2023, the California Supreme Court in Chevron U.S.A., Inc. v. County of Monterey, (2023) Cal. LEXIS 4349, struck down a Monterey County initiative that would have banned oil and gas drilling and imposed stiff restrictions on oil and gas developments in the county. The decision brought an end to nearly 7 years of litigation concerning Chevron’s San Ardo Oil Field with its over 530 million in estimated ultimate recovery of oil is California’s eight-largest oil field.

A new …

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