Category: Emissions

Flag of California
California / Emissions
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California’s Corporate Climate Disclosure Laws Survive Renewed Preliminary Injunction Attempt

On August 13, the U.S. District Court for the Central District of California denied the U.S. Chamber of Commerce’s motion for a preliminary injunction seeking to halt enforcement of SB 253 and SB 261, requiring disclosure of greenhouse gas emissions and climate-related financial risks, respectively.

SB 253 requires business entities — formed under the laws of California, the laws of any other state of the United States or the District of Columbia, or under an act of Congress — with total annual revenues in excess …

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emissions
Climate Change / Emissions
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Another Climate Change State Court Victory for Energy Companies

A South Carolina State Court judge in City of Charleston v. Brabham Oil Company, Inc., et al., dismissed on Aug. 6 an action against nearly two dozen oil and gas companies. The suit, initially filed in 2020, alleged the defendants contributed to harmful climate change and deceived people about the dangers of their fossil fuel products.

In granting the energy companies’ motion to dismiss the City of Charleston case, the state court judge concluded that state tort and consumer deception laws could not be …

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Industrial Factory Emitting Smoke During Golden Sunset
Emissions / EPA
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EPA Proposes to End Greenhouse Gas Reporting Program for Industrial Facilities

The Environmental Protection Agency announced Sept. 12 a proposed rule to end the Greenhouse Gas Reporting Program (GHGRP) for most industrial facilities.

Under the GHGRP, over 8,000 energy facilities and suppliers are required to calculate and submit their greenhouse gas emissions annually without risk of penalty. If finalized, the proposal would remove reporting obligations for most large energy facilities, including refineries, power plants, oil wells, landfills, and CO2 injection sites.

Congress authorized funding for the creation of the GHGRP in 2008. The EPA, under the …

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smog-in-small-town
Emissions
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District Court Lacks Jurisdiction to Hear Claims of Revoked EPA Climate Grants

The U.S. Court of Appeals for the District of the Columbia Circuit, in a 2-1 vote on Sept. 2, ruled a lower court lacked jurisdiction to hear a case brought by non-profit groups awarded $20 billion in grants under the prior administration’s Greenhouse Gas Reduction Fund Program (GGRFP).

The GGRFP was established as part of the 2022 Inflation Reduction Act to reduce greenhouse gas emissions. It The was geared specifically toward low-income communities to fund projects that would lower energy costs and pollution for those …

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Chemical Factory Producing Ethylene Oxide
Emissions
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Fourth Circuit Court of Appeals Revives Ethylene Oxide Medical Monitoring Suit

On August 18, 2025, the United States Court of Appeals for the Fourth Circuit issued its long-awaited decision in Sommerville v. Union Carbide Corp., reversing the U.S. District Court for the Southern District of West Virginia’s summary judgment ruling in favor of the plant owner defendants. In the case, the lead plaintiff, on her own behalf, and others similarly situated, alleged exposure to ethylene oxide (“EtO”). It is claimed that EtO is a cancer-causing gas. The lawsuit involves manufacturing operations in South Charleston, …

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power station
Emissions / New York
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New York Moves Forward with Ban on Fossil Fuels in New Constructions

On July 25, the District Court for the Northern District of New York in Mulhern Gas Co. v. Mosely ruled that New York has the power to enact the All-Electric Building Act (AEBA). The decision clears the way for the AEBA to take effect in 2026, making New York the first state to require (most) new buildings to be all electric.

The AEBA was passed by the New York Legislature and signed into law by Governor Hochul back in 2023. Under the AEBA, new single-family …

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California / Emissions
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‘Berth Control’ – California’s War on Idle Emissions

California – as part of effort to reduce the environmental impact of maritime shipping, particularly within vulnerable port-side communities – has implemented one of the most ambitious port-emission control programs to date.

California’s At-Berth Regulation (ABR), implemented in 2007, is a key environmental policy created to reduce air pollution from nonvehicular sources. Since 2014, the California Air Resources Board (CARB) has enforced the ABR for container ships, reefer ships, and passenger ships, requiring the use of shore power or CARB-approved emission control/capture systems while at …

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Emissions / Regulations
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Does EtO’s Recent Regulatory Battle Victory Mean It Will Win the War?

Following years of heightened concern about the dangers of exposure to ethylene oxide (EtO), increased regulatory oversight, and a steady hum of litigation, in 2025 it seems like things might be changing for the beleaguered industry dependent upon this highly effective but potentially cancer-causing sterilizing gas. With a new administration in the White House, a U.S. Environmental Protection Agency laser focused on deregulation, and with the first defense verdict issued in an EtO case out in Colorado this past spring (covered by …

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Smoke-stacks-view-from-above
Emissions / EPA
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EPA Grants Coke Plants Breathing Room on Emissions Requirements

The EPA on July 2 issued a finalized interim rule, published six days later in the Federal Register, which delays implementation of certain National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements for coke oven manufacturing facilities.

According to the EPA, hazardous air pollutants (HAP) emitted from these coke oven manufacturing facilities can include benzene, mercury, lead and arsenic. Coke at these facilities is produced using coal and coke-oven batteries (which is a group of connected coke ovens). From there, coke in blast furnaces then …

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sunrise over industrial park
Emissions / NEPA
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NEPA’s Greenhouse Gas Guidance Blown Up In Smoke

At the beginning of this year, ELM forecasted that 2025 would be a big year for the National Environmental Policy Act (previously covered by ELM  here), and so far, our prediction continues to ring true. 

In the latest NEPA news, the Council on Environmental Quality (CEQ) published a notice in the Federal Register announcing the withdrawal of its interim guidance on “Consideration of Greenhouse Gas Emissions and Climate Change” in NEPA reviews, effective May 28. The CEQ determined this interim guidance, which was previously …

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