The Federal Highway Administration (FHWA) recently released a prepublication version of its final rule establishing a greenhouse gas (GHG) emissions measure. The final rule establishes a method for measurement of GHG emissions associated with transportation and requires state departments of transportation (State DOTs) and metropolitan planning organizations (MPOs) that have National Highway System (NHS) routes
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New Challenges to Permitting Under the Clean Air Act
Under the federal Clean Air Act, new major sources of air pollutants and major modifications to existing sources are required to obtain preconstruction permits, known as PSD permits, even when locating in an area that attains the National Ambient Air Quality Standards (“NAAQS”). EPA’s proposed revisions to the NAAQS for fine particulate matter (“PM2.5”) would…
Long-Awaited Guidelines From Article 6.4 Published Ahead of COP28
The Supervisory Body published the Methodology Guidance and the Removal Guidance to be presented for discussion in COP28.
By Jean-Philippe Brisson, Paul A. Davies, Joshua T. Bledsoe, Michael Dreibelbis, Qingyi Pan, and Brett Frazer*

After two years of discussion, the Supervisory Body (SB) responsible for determining the guidelines for…
‘Tis the Season: OSHA Reminds Employers to Keep Employees Safe in the Cold
By Adam R. Young, Melissa A. Ortega, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has put out a reminder to employers on winter weather Personal Protective Equipment (PPE) requirements on how to design an effective PPE program. Employers must provide PPE, to protect workers’ safety, and health.
As winter returns and brings with it…
The Biden Administration Unveils the Long-Waited Guidance on “Foreign Entity of Concern”
On December 1, the Department of Energy (DOE) and the Department of the Treasury (Treasury) published highly-anticipated proposed rules that will significantly impact China’s and other covered nations’ roles in the battery supply chain for electric vehicles (EVs) sold to U.S. consumers. The proposed DOE Interpretive Rules and proposed Treasury Regulations interpret the term “foreign…
EPA Seeks Public Comment on Environmental Justice Guidance
The EPA is seeking comments on a newly released, revised guidance document regarding the consideration of environmental justice (EJ) concerns in the rulemaking process. The guidance document updates a 2016 version and incorporates new scientific developments, other EPA guidance, and new priorities and policies.
The guidance document sets forth both analytical expectations for an EJ…
Agricultural Law Weekly Review—December 4, 2023
International Trade: Panel Report Finds Canada’s Dairy Tariff-Rate Quotas ‘Not Inconsistent’ with USMCA
On November 10, 2023, the dispute settlement panel formed under the United States-Mexico-Canada Agreement (USMCA) published its final report concerning Canada’s dairy tariff-rate quota (TRQ) allocation measures. Also announced by the U.S. Trade Representative (USTR), the report concluded that “Canada’s measures are…
COP28 Day 2–3 Recap: The World Climate Action Summit and Expanding Commitments to Climate Financing
What You Need to Know.
- After the opening day, action at COP28 shifted to the World Climate Action Summit (WCAS), where world leaders convened to deliver national statements and carry out initial negotiations on the Global Stocktake and expanding climate financing. Concurrently, business leaders and philanthropists gathered at the Business and Philanthropy Climate Forum to
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Greenhouse Gas Data Must be Collected Beginning January 1 in Maryland
Greenberg Traurig Adds Tax Veteran David Gillespie to Energy & Natural Resources Practice
Greenberg Traurig continues the strategic expansion of its Energy & Natural Resources Practice with the addition of energy tax attorney David Gillespie as a shareholder in New York. Gillespie joins from Winston & Strawn where he was a partner.
Gillespie brings a deep knowledge of tax law as it relates to renewable power, energy transition,…
