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Apr 11, 2024 | 
lexology.com | Sonia Gupta Barros |Samuel B. Boxerman |Heather Palmer |Aaron Flyer
On Thursday, April 4, 2024, the U.S. Securities and Exchange Commission (the Commission or SEC) issued an order staying its March 6, 2024, Final Rules — The Enhancement and Standardization of Climate-Related Disclosures for Investors, Rel. Nos. 33-11275, 34-99678 (Mar. 6, 2024), 89 Fed. Reg. 21,668 (Mar. 28, 2024).
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Apr 9, 2024 | 
lexology.com | Samuel B. Boxerman |Aaron Flyer
On Tuesday, April 2, 2024, in Commonwealth of Kentucky v. Federal Highway Administration¸ No. 23-162 (W.D. Ky.), the U.S. District Court for the Western District of Kentucky vacated the Federal Highway Administration December 2023 Greenhouse Gas Rule (see our prior blog post here for a more detailed summary of the Rule).
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Mar 7, 2024 | 
lexology.com | Samuel B. Boxerman |Justin Savage |Caleb Bowers |Aaron Flyer
The California Air Resources Board (CARB) announced that it will hold a public workshop to discuss amendments to its Heavy-Duty (HD) Engine and Vehicle Omnibus (Omnibus) Regulation. The amendments have been proposed following extensive discussion between CARB and the Engine Manufacturers Association (EMA) during 2023, which culminated in CARB agreeing to revise its heavy-duty vehicle emission standards to align more closely with U.S. Environmental Protection Agency standards.
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Mar 5, 2024 | 
lexology.com | Samuel B. Boxerman |Maureen Gorsen |Caleb Bowers
California agencies issued a public notice that they will hold a workgroup to answer questions and engage with stakeholders on the agencies’ latest vapor intrusion guidance. The workgroup comes following years of confusion among stakeholders regarding the agencies’ application of draft guidance for addressing vapor intrusion, including during site cleanup and redevelopment.
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Feb 1, 2024 | 
lexology.com | Samuel B. Boxerman |Aaron Flyer
On Wednesday, January 25, 2024, the U.S. District Court for the Northern District of California dismissed a challenge to a 2020 rule by the Environmental Protection Agency (EPA) revising regulatory requirements for water quality certification under Section 401 of the Clean Water Act.
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Oct 30, 2023 | 
lexology.com | Samuel B. Boxerman |Aaron Flyer
USAOctober 30 2023On Friday, October 27, 2023, the White House announced an effort to utilize over $35 billion in federal assistance for affordable housing projects using funding appropriated under the Transportation Infrastructure Finance and Innovation Act and Railroad Rehabilitation & Improvement Financing programs.
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Aug 29, 2023 | 
lexology.com | Maureen Gorsen |Samuel B. Boxerman |Caleb Bowers
On August 23, 2023, the California Air Resources Board (CARB) published additional guidance for the implementation of Clean Truck Check requirements under its Heavy Duty Inspection/Maintenance regulation. The requirements build on implementation guidance issued in June and set deadlines to achieve compliance with certain requirements beginning by December 31, 2023.
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Aug 15, 2023 | 
lexology.com | Samuel B. Boxerman |Aaron Flyer
On Monday, the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling by the U.S. District Court for the District of South Carolina finding that shrimping trawlers that disturb ocean floor sediment and discard other fish and marine organisms, or “bycatch,” after extracting shrimp from their nets are not discharging a pollutant under the Clean Water Act (Act).
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Aug 3, 2023 | 
lexology.com | Samuel B. Boxerman |Maureen Gorsen
Regulated entities in designated communities — compiled and termed the “Consistently Nominated AB 617 Communities list” — will want to pay close attention to updates from the California Air Resources Board (CARB) on its Community Protection Program Blueprint 2.0. Currently, communities in the Bay Area, Imperial, San Joaquin Valley, Sacramento Metropolitan, and South Coast air districts are on the list.
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Apr 24, 2023 | 
lexology.com | Samuel B. Boxerman
On April 13, 2023, the U.S. Supreme Court in Axon Enterprise, Inc. v. Federal Trade Commission et al. unanimously held that federal district courts can hear constitutional challenges to an agency’s administrative enforcement powers without waiting for the outcome of administrative appeals to that action.
