Like many companies in other sectors, oil and gas companies are increasingly confronted with the need to address Environmental, Social and Governance (“ESG”) imperatives in their businesses. Traditionally viewed as ‘license to operate’ issues—effectively ensuring that companies continued to have ‘social permission’ to operate—these considerations have assumed an ever-greater importance as companies face both an … Continue Reading
On March 25, 2021, the Supreme Court of Canada upheld the Greenhouse Gas Pollution Pricing Act (“GGPPA”), which establishes a national pricing benchmark for greenhouse gas (“GHG”) emissions. Reference re Greenhouse Gas Pollution Pricing Act, case numbers 38663, 38781, and 39116. Several provinces challenged the law, arguing that it was unconstitutional and that it imposed … Continue Reading
The Federal Energy Regulatory Commission (FERC) has for the first time ruled on whether the greenhouse gases (GHG) emitted during the construction and operation of a proposed natural gas pipeline has a significant impact on climate change in determining whether to authorize a project as consistent with public convenience and necessity under Section 7 of … Continue Reading
The Biden Administration has promulgated interim figures for the social cost of carbon (SCC), which will support key policy efforts in the next year until a final, revised figure can be established.… Continue Reading
On February 16, the Federal Energy Regulatory Commission (FERC) issued an order accepting an executed State Agreement Approach Study Agreement (Study Agreement) between PJM Interconnection, L.L.C. (PJM) and the New Jersey Board of Public Utilities (NJ BPU), pursuant to which PJM will solicit project proposals to expand or upgrade its transmission system to provide for … Continue Reading
The gears of the administrative state are whirling as President Biden refocuses federal agencies on fighting climate change. Yesterday’s Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (“EO”) shows just how seriously the incoming Administration views this reorientation, and it identifies a tool central to its … Continue Reading
In a recently adopted final rule, the Department of Energy (DOE) revised its National Environmental Policy Act (NEPA) implementation procedures to include LNG exports by marine vessel within a categorical exclusion from NEPA review. DOE finds that the only source of potential environmental impacts within its authority to review are those associated with transporting natural … Continue Reading
On 2 December 2020, the Competition and Markets Authority (“CMA”) announced a market study (the “study”) into the UK’s bourgeoning electric vehicle charging sector. This blog post considers the scope of the study, and may be of interest to Electric Vehicle market participants across the supply chain.… Continue Reading
With the UK due to host the COP 26 climate summit in a year’s time, the UK Government is keen to set out its credentials as a global ‘green‘ leader and demonstrate not only that it can make good on its election promise to level up (with much of the promised Green Industrial Revolution investment … Continue Reading
In October 2020, Covington public policy experts Sebastian Vos and Gary Guzy were invited to the 2020 CleanEquity Monaco sustainable technology conference to discuss the policy outlook in the EU and US, and likely impacts on efforts to decarbonize carbon-intensive sectors of the economy. The event was presented globally on EarthX TV. Covington’s London-based emerging … Continue Reading
Earlier today, the Energy Futures Initiative and Stanford University released a new joint report that provides policymakers in California with an action plan for realizing the significant decarbonization opportunities presented by use of carbon, capture and storage (CCS) technology within the state. The results of the study add to a growing body of evidence demonstrating … Continue Reading
Recently, the three sitting Commissioners of the Federal Energy Regulatory Commission (FERC) convened thirty industry experts at a virtual Technical Conference on state adoption of carbon pricing and its implementation in organized, wholesale electricity markets managed by regional transmission organizations (RTOs) or independent system operators (ISOs). Public interest was high, with more than 2,000 computers … Continue Reading
Last week, the European Commission launched a public consultation on the possible adoption of a new EU Carbon Border Adjustment Mechanism (“CBAM”). This consultation is yet another of the initiatives that the Commission is taking to roll out its ambitious European Green Deal (for a recent overview webinar see here). Manufacturers in virtually all industrial … Continue Reading
With the assistance of Covington, Unilever submitted the attached paper to the European Commission and a number of National Competition Authorities. It suggests a possible framework for the application of EU competition law to sustainability collaborations between competitors. The paper is available here.… Continue Reading
Next week – April 22, 2020 – brings the 50th anniversary of the inaugural Earth Day, a public awakening inspired and promoted by Wisconsin U.S. Senator Gaylord Nelson that prompted over 20 million Americans (at that time 10% of the national population) to participate in events and activities around the country to demonstrate for government … Continue Reading
