The voluntary carbon markets have expanded rapidly recently, capturing the attention of entrepreneurs, corporate entities, and investors. Today, however, like many burgeoning markets, the voluntary carbon markets are susceptible to instability – and crime – in the absence of sufficient infrastructure, transparency, and standardized operating procedures.

Continue reading the full GT Alert.

On Jan. 26, 2023, the Environmental Protection Agency (EPA) solicited public input to inform two new Inflation Reduction Act (IRA) programs creating standards and labeling for construction materials that have “substantially lower levels of embodied greenhouse gas emissions.” Section 60112 of the IRA appropriates $250 million for grants and technical assistance to manufacturers, States, Indian Tribes, and nonprofits for activities related to “measuring, reporting, and steadily reducing the quantity of embodied carbon of construction materials and products.” Section 60116 appropriates an additional $100 million for EPA to work with the Federal Highway Administration and the General Services Administration to identify and label “lower-embodied carbon” construction materials used in highway construction and federal buildings.

EPA will hold three webinars in March and April to receive input from stakeholders:

  • March 2, 2023 – Reducing Embodied Greenhouse Gas Emissions Prioritization and Environmental Data Improvement
  • March 22, 2023 – Reducing Embodied Greenhouse Gas Emissions: Grants and Technical for Environmental Product Declarations
  • April 19, 2023 – Reducing Embodied Greenhouse Gas Emissions: Carbon Labeling

Written comments are due May 1, 2023, and should respond to questions in a Request for Information document found in the EPA docket (EPA-HQ-OPPT-2022-0924).

Greenberg Traurig’s Steven Russo, Co-Chair of the Environmental Practice and the firm’s New York Environmental Practice, is joined by Shareholder Todd Kaminsky and Of Counsel Jane McLaughlin in the Government Law & Policy Practice to discuss the New York State Climate Action Council’s adoption of the final scoping plan, which will serve as a roadmap to achieve the climate change mandates set forth in New York’s landmark climate law – the Climate Leadership and Community Protection Act (CLCPA). Enacted in 2019, the CLCPA codified several robust climate mandates for the State which must be achieved in an accelerated time frame. Specifically, New York is statutorily required to achieve:

  • An economy-wide 85% reduction in greenhouse gas emissions by 2050;
  • 70% renewable energy consumption by 2030 followed by a 100% zero-emission electric system by 2040; and
  • 6,000 MW of solar by 2025, 9,000 MW of offshore wind by 2035, and 3,000 MW of energy storage by 2030.

They discuss what this significant milestone’s possible implications are for utilities, new source renewable energy providers, development of new technologies, the transportation sector, and decarbonization of commercial and residential building operations. Read more about the New York State Climate Action Council Final Scoping Plan to Achieve Climate Goals in this accompanying GT Alert.

Click here to listen to the podcast episode.

On Dec. 7, 2021, the California Air Resources Board (CARB) began the process of updating California’s Low Carbon Fuel Standard (LCFS) by holding a virtual workshop where CARB staff discussed their initial amendment proposals. The goal of the LCFS update is to align the LCFS with CARB’s AB 32 Scoping Plan Update, which will be finalized in 2022. Any changes that result from this effort may be implemented by 2024.

Click here to read the full GT Alert.

The Carbon Border Adjustment Mechanism (CBAM) is a carbon-pricing system for imports into the European Union. The relationship between the CBAM and the European Emission Trading Scheme (ETS) would be complex.

 

Click here to read the full GT Alert.

The European Union is considering implementation of a new carbon policy, the Carbon Border Adjustment Mechanism (CBAM), that could profoundly impact the global import/export market. The CBAM, a carbon-pricing system for imports into the EU, is proposed to be applicable as of Jan. 1, 2023, and would initially only cover products from five sectors.

Continue reading the full GT Alert.

Some in Congress are advocating a proposal to establish a carbon tax on certain imports to fight climate change and protect domestic production. A more specific carbon border tax plan has also been proposed by Sen. Chris Coons of Delaware and Rep. Scott Peters of California. The proposals come shortly after Europe announced its proposal for the world’s first carbon border tax.

Continue reading the full GT Alert.