Kenneth J. Markowitz July 25 2022 Climate change policy update Akin Gump Strauss Hauer & Feld LLP | Environment & Climate Change - USA Kenneth J. Markowitz Environment & Climate Change Court decision might allow FERC to consider climate risks of natural gas projectsEVgo selected to build EV infrastructure in pollution-affected areasCalifornia climate disclosure legislation clears critical hurdlesBiden announces executive actions to address climate changeThis article outlines pertinent legal and policy climate change developments in the United States during the past week.(1)Court decision might allow FERC to consider climate risks of natural gas projectsOn 8 July 2022, the US Court of Appeals for the District of Columbia ruled that the Federal Energy Regulatory Commission (FERC) may consider natural gas exports in an effort to condemn land for some interstate projects.(2) According to David Bookbinder, on the brief for amici curiae landowners in support of petitioner, the decision means that FERC "should be able to consider greenhouse gas emissions" for projects.EVgo selected to build EV infrastructure in pollution-affected areasOn 22 June 2022, the California Energy Commission selected EVgo to receive a $3.36 million grant to develop "fast charging [for electric vehicles (EVs)] for multifamily housing residents". EVgo is committed to identifying communities that "tend to have the fewest charging options while experiencing greater impacts of pollution" – a majority of its EV charging points are located "within a ten-minute drive of areas with high particulate matter (PM2.5) levels in the air".(3)California climate disclosure legislation clears critical hurdlesCalifornia's Senate Bill 260, the Climate Corporate Accountability Act, has passed out of both the Assembly Judiciary Committee and the Committee on Natural Resources. If enacted, the legislation would require certain US-based entities that do business in California to disclose "all of the reporting entity's scope 1 and scope 2 emissions for the prior calendar year, and its scope 3 emissions for the current calendar year". For further details, see "California Climate Disclosure Legislation Clears Critical Hurdles".Biden announces executive actions to address climate changeOn 20 July 2022, President Biden announced executive actions to increase wind energy production. The actions aim to:protect communities from climate impacts already here, including extreme heat conditions impacting more than 100 million Americans this week, and expand offshore wind opportunities and jobs in the United States.(4)In an address, the president noted that the Department of Interior, the Federal Emergency Management Agency, and the Department of Health and Human Services are providing resources to address the impacts of climate change. The administration is slated to announce additional climate policies in coming weeks.For further information on this topic please contact Kenneth Markowitz at Akin Gump Strauss Hauer & Feld LLP by telephone (+1 202 887 4000) or email ([email protected]). The Akin Gump Strauss Hauer & Feld LLP website can be accessed at www.akingump.com.Leila Fleming, public policy specialist, assisted with the preparation of this article.Endnotes(1) For further updates, including upcoming congressional hearings, federal agency climate news and events, see "Climate Policy Update".(2) City of Oberlin, Ohio v Federal Energy Regulatory Commission.(3) "EVgo Selected by California Energy Commission for Proposed Awards of $3.6M in Grant Funding to Build More Fast Charging Infrastructure for Multi-Family Housing Residents", press release, 22 June 2022.(4) "FACT SHEET: President Biden's Executive Actions on Climate to Address Extreme Heat and Boost Offshore Wind", press release, 20 July 2022.