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Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations. 

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Showing 85 posts in Air. View our practice description for Air.

TCFD Report Will Shape Future Expectations for Climate-Related Financial Disclosures

On June 29, 2017, the Task Force on Climate-Related Financial Disclosures (TCFD or Task Force) released its Final Report providing recommendations on voluntary climate-related financial disclosures.  The recommendations, developed by an industry-led task force of both users and preparers of disclosures, are intended to support the production of more consistent and clear financial disclosure of climate-related risks across sectors for use by investors, lenders, and insurers.  Most G20 countries have existing legal frameworks that require the disclosure of material risks in financial reports.  Beyond legal mandates, investors are increasingly focused on environmental, social, and governance (ESG) factors in evaluating potential investments and future business risk.  While the Task Force’s recommendations are voluntary and independent of the environmental sustainability disclosure standards currently under review in the U.S. by the Securities and Exchange Commission (SEC) (see Beveridge & Diamond alert on the SEC concept release), the recommendations will impact the approach many publicly traded companies take to data collection and climate risk reporting over the long-term. Read More ›

EPA Delays Effective Date of RMP Rule Amendments, Environmental Groups File Challenge

On June 14, 2017, EPA published a final rule in the Federal Register delaying the effective date of its Risk Management Program (RMP) rule amendment package for twenty months, until February 19, 2019.[1] EPA’s decision was immediately challenged by a coalition of environmental groups. Read More ›

Minamata Convention to Take Effect in August, Restricting the Production and Usage of Mercury Worldwide

On May 17, the European Union and seven EU member states ratified the Minamata Convention on Mercury, pushing past the 50-state threshold needed for its entry into force. The treaty – the most recent of the global multilateral environmental agreements – will now enter into force (i.e., become legally binding) on August 16, 2017. The United States ratified the Convention (as an executive agreement, without the advice and consent of the Senate) in 2013; in contrast to most of the recent multilateral environmental agreements, therefore, the United States will participate in this agreement as a full party.  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 ›

Interior Secretary Immediately Implements President’s Executive Order on Energy and Climate

New Secretary of the Interior Ryan Zinke wasted no time implementing the mandates of the Trump Administration’s most recent Executive Order (EO), “Promoting Energy Independence and Economic Growth,” which was issued on March 28.  For a summary of that EO, click here.  On March 29, the Secretary issued two Secretarial Orders (SO) implementing the March 28 Order, and took additional administrative action consistent with its mandates.  Separately, the Secretary has reinstated a public-private advisory committee to address royalty issues. Read More ›

District of Columbia Proposes Much-Anticipated Synthetic Minor Air Permitting Regulations

On February 3, 2017, the District of Columbia’s Department of Energy & Environment (“Department”) released a Notice of Proposed Rulemaking announcing its much-anticipated synthetic minor air permitting regulations (“Proposed Rule”). The Proposed Rule will establish a synthetic minor permit program under Chapter 2 of Title 20 of the D.C. Municipal Regulations, set up and revise fees for air quality permits, and through the administrative amendment process, allow for the incorporation of Chapter 2 preconstruction permit requirements into Title V (Chapter 3) permits under the Clean Air Act. Read More ›

EPA Releases Final RMP Amendments, Awaits Response of New Administration

The U.S. Environmental Protection Agency has released a final rule updating the Accidental Release Prevention rules at 40 C.F.R. Part 68, which implement the Clean Air Act Section112(r)(7) risk management planning program. A pre-publication copy of the rule can be accessed here. 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 ›

EPA’s Formaldehyde Standards for Composite Wood Products Pose Challenges for Industry, Particularly Importers

Importers, retailers, and others that sell goods containing plywood or other composite wood products face significant compliance challenges from EPA’s new Formaldehyde Emission Standards for Composite Wood Products (the Standards).  The final rule adopting the standards was signed on July 27, 2016 and finally published in the Federal Register on December 12, 2016.[1]  The Standards implement Title VI of the Toxic Substances Control Act (TSCA).  They are based on the formaldehyde emission limits of the Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products (ATCM) of the California Air Resources Board (CARB).  The Standards differ from the ATCM in several ways, but compliance with the ATCM will help substantially as companies work to meet their obligations under the Standards.  The key compliance deadline for the Standards is December 12, 2017. Read More ›

Impacts of the 2016 U.S. Election on Environmental Law, Policy, and Enforcement

The 2016 election results will have wide-ranging impacts on the future direction of environmental law, policy, and enforcement in the U.S.  With 100 lawyers in offices around the U.S. focused on environmental and natural resource law and litigation, Beveridge & Diamond helps clients navigate legal and business risks arising from this evolving legal landscape. Read More ›