The surge in BEPS and similar laws is all but weaponizing that data, putting a target on the back of building owners

This morning, the Department of Energy decided how it will allocate up to $7 billion of Bipartisan Infrastructure Law (“BIL”) funding set aside for establishing regional Hydrogen Hubs. (For more information on the Hubs, see our post HERE).
The funding could be critical to jump-starting the country’s clean hydrogen economy. It will support projects…
On Sept. 27, 2023, the New York State Department of Environmental Conservation (DEC) released a draft policy (DEP-23-1) to implement the environmental justice provisions of the Climate Leadership and Community Protection Act (CLCPA), New York’s blueprint to reduce greenhouse gas (GHG) emissions. The policy is open for public comment until Nov. 27, 2023.
The framework claims to set the “gold standard” for companies to contribute to the net zero transition while emphasising ambition, action, and accountability.
By Paul A. Davies, Michael D. Green, and James Bee

The UK Transition Plan Taskforce (TPT) launched its transition plan disclosure framework (the Framework) at the London Stock Exchange on…
On October 11, 2023, EPA released its final rule imposing detailed reporting requirements on entities that have manufactured or imported PFAS for commercial purposes. Notably, the reporting rule also applies to importers of articles containing PFAS, which could include many consumer, industrial, and commercial products, and requires reporting on PFAS as a component of a…
The recent U.S. Supreme Court decision in Sackett v. EPA significantly narrows the definition of “waters of the United States” (“WOTUS”) as applicable to wetlands and other adjacent bodies of water under the Clean Water Act (“CWA”). By extension, Sackett has broad impacts to wetlands delineation and mitigation requirements for section 404 permits issued by…
In a partially published opinion filed September 20, 2023, the First District Court of Appeal (Div. 3) affirmed the Alameda County Superior Court’s judgments denying writ petitions in three partially consolidated CEQA actions challenging the 2021 project/program EIR for the Comprehensive Parnassus Heights Plan. Yerba Buena Neighborhood Consortium, LLC, et al v. Regents of the…
National Energy Policy: The White House Publishes Directive on the Social Cost of Greenhouse Gases in Guiding Executive Agency Decisions
On September 21, 2023, the White House published a fact sheet directing federal agencies to consider the Social Cost of Greenhouse Gases (SC-GHG) when making budgeting decisions, during procurement processes, and in National Environmental Policy…
In the Byzantine complexity of the Clean Air Act (CAA), EPA’s “once in, always in” policy regarding hazardous air pollutants (HAP) has been particularly confounding. And now it’s back in play, through regulatory revisions proposed by EPA in late September.
EPA’s proposal would prohibit a source from reducing its potential emissions of HAP…
By Ilana Morady, Brian B. Gillis, Clara Rademacher, Patrick D. Joyce, and Bradley Doucette
Seyfarth Synopsis: Senate Bill 553, signed into law by Governor Gavin Newsom, requires nearly all employers in the State of California to prepare a Workplace Violence Prevention Plan, train employees on how to identify and avoid…