Senate ratifies Kigali Amendment to Montreal Protocol
EPA administrator announces launch of new environmental justice office
EPA to boost corporate climate reporting
Salesforce launches "first-of-its-kind carbon credit marketplace"
Lawmakers express desire to alter environmental permitting reform bill
Bloomberg launches $85 million campaign to take on plastics industry
Governor Newsom highlights California's climate leadership at Climate Week
California blackouts may indicate lack of progress towards emission-free goals


This article outlines pertinent legal and policy climate change developments in the United States during the past week.(1)

Senate ratifies Kigali Amendment to Montreal Protocol

On 21 September 2022, President Biden praised the Senate for ratifying the Kigali Amendment, which will "phase down global production and consumption of hydrofluorocarbons, super-polluting chemicals that are hundreds to thousands of times more powerful than carbon dioxide".(2)

EPA administrator announces launch of new EJ office

On 24 September 2022, EPA Administrator Michael Regan announced the creation of a national environmental justice (EJ) and civil rights office, which will deliver $3 billion in grants to communities affected by pollution. The new Office of Environmental Justice and External Civil Rights will be elevated to the highest levels of the agency and will be tasked with providing technical assistance to communities and enforcing civil rights laws. The object is to infuse equity and EJ principles into everything the agency does. This comes after Congress gave the EPA $100 million for an EJ programme earlier this year.

EPA to boost corporate climate reporting

Congress has issued $5 million to the Environmental Protection Agency (EPA) under the Inflation Reduction Act to support:

(1) enhanced standardization and transparency of corporate climate action commitments and plans to reduce greenhouse gas emissions;

(2) enhanced transparency regarding progress toward meeting such commitments and implementing such plans; and

(3) progress toward meeting such commitments and implementing such plans.(3)

The Securities and Exchange Commission is finishing developing its requirements for public companies to report their emissions, which have proven controversial.

Salesforce launches "first-of-its-kind carbon credit marketplace"

On 20 September 2022, Salesforce announced the launch of "a trusted platform that makes carbon credit purchases simple and transparent, allowing organizations to accelerate climate positive impact at scale". Upon its launch, the marketplace will have approximately 90 available projects.

New life for Manchin's permitting overhaul

After Senator Joe Manchin agreed to detach his permitting reform text to the continuing resolution bill, lawmakers have indicated that it may be possible to find common ground on a reform package. The proposed bill would speed up environmental reviews for energy projects.

Bloomberg launches $85 million campaign to take on plastics industry

On 21 September 2022, Michael Bloomberg announced the launch of an $85 million campaign aimed at reinforcing resistance against plastics production in places like the Gulf South and Appalachia through the blockage of more than 120 petrochemical projects and the promotion of more aggressive rules. Bloomberg presented the campaign as an effort to address the climate crisis and expand environmental justice work.

Governor Newsom highlights California's climate leadership at Climate Week

At Climate Week, Governor Gavin Newsom touted the passage of the California Climate Commitment and met with various climate leaders.

California blackouts may indicate lack of progress towards emission-free goals

Despite Governor Gavin Newsom's reassurance that recent blackouts are not indicative of California's power grid breaking, the state still seems far from achieving its climate goals. Under Senate Bill 100, renewable and zero-carbon energy resources must supply 100% of electric retail sales to customers by 2045.

For further information on this topic please contact Kenneth J Markowitz, Stacey H Mitchell, Dario J Frommer or Christopher A Treanor at Akin Gump Strauss Hauer & Feld LLP by telephone (+1 202 887 4000) or email ([email protected], [email protected], [email protected] or [email protected]). The Akin Gump Strauss Hauer & Feld LLP website can be accessed at www.akingump.com.

Leila Fleming and Caroline Shrock, public policy specialists, assisted with the preparation of this article.

Endnotes

(1) For further updates, including upcoming congressional hearings, federal agency climate news and events, click here. For the previous week's update, click here.

(2) "Statement by President Joe Biden on Senate Ratification of the Kigali Amendment to the Montreal Protocol", press release, 21 September 2022.

(3) Inflation Reduction Act, section 60111(a).