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Showing 16 posts by Brook J. Detterman.

President Trump Announces Withdrawal from Paris Agreement on Climate Change

President Trump announced on Thursday his intention to initiate a formal withdrawal of the United States from the Paris Agreement, a global agreement designed to address climate change by reducing greenhouse gas (“GHG”) emissions. The President indicated that the United States would move forward with the pull-out and possibly attempt to re-negotiate the agreement in order to get “terms that are fair to the United States.”  President Trump frequently discussed pulling out of the Paris Agreement while on the campaign trail, citing concerns regarding its potential impact on the American economy, particularly the energy sector.    Read More ›

TSCA Nanomaterial Reporting Rule: EPA Delays Effective Date and Releases Draft Guidance for Public Comment

The U.S. Environmental Protection Agency (“EPA”) issued its Draft Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce ( “Draft Guidance”) on May 16, 2017. See 82 Fed. Reg. 22452 (May 16, 2017).  EPA has requested public comment on the Draft Guidance, with public comments due on or before June 15, 2017. Read More ›

Virginia Begins Development of Cap-and-Trade Program for Electric Power Sector

On May 16, 2017, Virginia’s Governor Terry McAuliffe signed Executive Directive 11 (the “Directive”), which directs Virginia’s Department of Environmental Quality (“DEQ”) to develop regulations to reduce greenhouse gas (“GHG”) emissions from the power sector.  Notably, the Directive requires DEQ to develop a program that is “trading-ready,” with market-based mechanisms capable of linking with other jurisdictions. Read More ›

Climate Regulation in California: A State of Constant Change

I.  Introduction

Climate change regulation in California is in the midst of transformation. Last year, the Legislature voted to enact SB 32, extending California’s greenhouse gas (GHG) reduction targets, which were set to expire in 2020, through 2030.  The California Global Warming Solutions Act of 2006 (AB 32) called for a reduction in GHG emissions to 1990 levels by 2020, which California is expected to achieve.  Under SB 32, California aims to reduce GHG emissions 40% below 1990 levels by 2030. Read More ›

Renewable Energy: The State of Play in 2017

The renewable energy sector ended 2016 and began 2017 under assault. Nevada and other states rolled back net metering laws.  Fishing interests brought a lawsuit to block an offshore wind lease and upend BOEM’s offshore wind program.  And—not least of all—the Trump administration has promised to kill the Clean Power Plan. Read More ›

New Executive Order Creates a Changed Climate for Climate Change and Energy

On March 28, 2017, President Trump signed an Executive Order entitled “Promoting Energy Independence and Economic Growth” (EO).  This latest EO aims to further incentivize domestic energy production, particularly coal, oil and gas, by rolling back regulations and guidance premised on climate change considerations.  If fully implemented, it would have noticeable and substantive impacts on EPA, Interior, and other agency programs.  Yet it remains to be seen how quickly or effectively the stroke of the President’s pen will translate into on-the-ground actions, and to what extent it may yield opportunities or challenges for energy and natural resources project development.  In the interim, the EO sets in motion several energy-based initiatives across multiple agencies warranting close monitoring and active participation. Read More ›

Massachusetts Proposes New Greenhouse Gas Rules for Electric Generation, Natural Gas, and Transportation Sectors

On December 16, 2016, the Massachusetts Department of Environmental Protection (“MassDEP”) released draft rules that would impose new greenhouse gas (“GHG”) requirements on the electric energy sector, gas distribution systems, and certain aspects of the transportation sector.  Written comments on the proposed regulations are due on or before February 24, 2017, and public hearings are currently scheduled for February 6 and February 8, 2017. Read More ›

Governor Baker Signs Executive Order On Climate Change

Massachusetts has again stepped up its focus on climate change.  On September 16, 2016—as the summer of endless drought drew to a close—Massachusetts Governor Charlie Baker issued Executive Order No. 569 entitled “Establishing an Integrated Climate Change Strategy for the Commonwealth.”  The Order addresses a range of actions related to climate change, including greenhouse gas (GHG) emissions reductions, climate change resiliency and adaptation, and planning and assessment of climate change risks. Read More ›

Supreme Judicial Court Orders the Massachusetts Department of Environmental Protection to Expand Greenhouse Gas Regulation

More greenhouse gas regulation is on the horizon as a result of the Massachusetts’ top court’s decision in Kain v. MassDEP. The Massachusetts Supreme Judicial Court ordered the Massachusetts Department of Environmental Protection (“MassDEP”) to expand its regulation of greenhouse gas (“GHG”) emissions in May and the full impact of this decision is unlikely to play out overnight.  The case has broad implications for MassDEP’s future interpretation and application of environmental laws in Massachusetts. Read More ›

Governor Baker Approves First Major Overhaul of Massachusetts’ Public Records Law

Massachusetts has its first significant update of its Public Records Law since the 1970s with promises of swifter responses and real consequences including attorney’s fees for failures to comply.  Read More ›