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Articles by Kyle Danish
EPA Repeals Power Plant Carbon Pollution Standards and Proposes to Repeal All Power Plant Greenhouse Gas Emissions Standards
On September 14, 2026, the U.S. Environmental Protection Agency (EPA or Agency) issued a final rule repealing most provisions of the 2024 Carbon Pollution Standards for greenhouse gas (GHG) emissions from fossil fuel-fired electric generating units (EGUs).
EPA Rescinds 2009 Endangerment Finding and Repeals Vehicle GHG Standards
On February 12, 2026, the Environmental Protection Agency (EPA or Agency) announced its long-anticipated final rule rescinding its 2009 “Endangerment Finding,” the scientific and legal determination that greenhouse gas (GHG) emissions cause or contribute to air pollution that endangers public health or welfare. The rescission has significant implications for EPA’s exercise of authority to regulate GHG emissions under the Clean Air Act (CAA).
CARB Postpones Rulemaking On California's Climate Disclosure Laws, Heightening Compliance Uncertainty For Large Companies
Van Ness Feldman are most popular: within Corporate/Commercial Law topic(s) in United States with readers working within the Banking & Credit, Transport and Law Firm industries Citing a "large volume" of public comments, California's Air Resources Board (CARB) has announced it will delay adopting regulations on corporate climate disclosure directed by Senate Bill (SB) 253 and SB 261 until the first quarter of 2026 (Q1 2026).
CARB Delays Corporate Climate Disclosure Rules to 2026
Citing a “large volume” of public comments, California’s Air Resources Board (CARB) has announced it will delay adopting regulations on corporate climate disclosure directed by Senate Bill (SB) 253 and SB 261 until the first quarter of 2026 (Q1 2026).
EPA Proposes Repeal of GHG Endangerment Finding Under Clean Air A
On July 29, 2025, EPA proposed that the Clean Air Act (CAA) does not authorize the agency to promulgate greenhouse gas (GHG) emission standards to address climate change, thereby rescinding EPA's 2009 "Endangerment Finding" that GHG emissions contribute to air pollution endangering public health or welfare. In doing so, EPA is proposing to repeal all GHG standards for passenger vehicles and trucks in the United States.
EPA Proposes Repeal of Greenhouse Gas Emissions Standards and Update to Toxic Emission Standards for Power Plants
On June 11, 2025, the EPA Administrator signed a proposed rule that would repeal the greenhouse gas (GHG) emissions standards established for fossil-fired power plants under the Biden administration’s Carbon Pollution Standards (CPS) and a 2015 GHG New Source Performance Standards rule.
Experts React: Energy Policy in the Reconciliation Debate
This week, committees in the U.S. House of Representatives unveiled their initial legislation responding to instructions in the fiscal year 2025 budget resolution. As budget reconciliation has evolved into a key procedural mechanism for U.S. policymaking, these bills propose changes to energy subsidies, strategic reserves management, and low-carbon innovation that will affect the energy landscape in the United States.
Implications for NRC Comprehensive Risk Standards in Part 53 Post…
Introduction and Summary At the direction of Congress, the Nuclear Regulatory Commission (NRC) has proposed a rule for public comment that would establish new licensing and regulatory standards for nuclear power plants. However, in its current form, the proposal does not comply with the NRC’s statutory directives.
SEC Settles with Business Communication Provider for Securites La
On June 18, 2024, the U.S. Securities and Exchange Commission (“SEC”) announced a settlement with R.R. Donnelley & Sons Co. (“RRD”), a global provider of business communication and marketing services, for violating the internal controls and disclosure controls provisions of federal securities laws in relation to Donnelley’s response to a 2021 ransomware attack.
Congress Passes ADVANCE Act to Accelerate Deployment of Advanced
Skip to main content June 24, 2024 Volume XIV, Number 176 Legal Analysis. Expertly Written. Quickly Found.
Treasury Proposes Clean Electricity Tax Guidance
On May 29, 2024, the Internal Revenue Service (IRS) and the Treasury Department released the pre-publication version of proposed guidance to implement “technology-neutral” clean electricity tax credits, including deeming certain technologies as per se zero-emitting and outlining potential methodologies for determining how other technologies—namely those involving combustion or gasification—could qualify as zero-emitting based on a lifecycle emissions analysis (LCA).
U.S. LNG Exports: DOE and FERC Roles and Boundaries
The United States is the world’s largest exporter of liquefied natural gas (LNG), but that milestone is not without debate and controversy. The U.S. Department of Energy (DOE) announced on January 26 that it would “pause” its approvals of proposed LNG export projects while it considers the climate, domestic market, and environmental justice issues associated with U.S. LNG exports.
SEC Adopts Final Rule Amendments for Climate-Related Disclosures
On March 6, 2024, the U.S. Securities and Exchange Commission (SEC) adopted by a vote of 3-2 final amendments to its rules instructing large publicly traded companies to provide standardized climate-related information in SEC registration statements and annual reports. The rules will require data about the affected companies’ climate risks that materially impact their business strategy, results of operations, or financial condition.
Will Risk Aversion At The NRC Avert The Energy Transition?
Summary The Nuclear Regulatory Commission (NRC) and the U.S. Environmental Protection Agency (EPA) both have long-standing risk regulation regimes. To promote deployment of advanced nuclear reactors, Congress directed the NRC to reform its licensing regulations to increase the use of risk-informed, performance-based, and technology-neutral approaches.
Canada | Cap Set for International Student Permit Applications Original
Canadian officials announced an intake cap on international student permit applications for a period of two years. Key Points: • The cap is expected to provide approximately 360,000 approved study permits in 2024, a decrease of 35% from 2023. • The temporary measure will be in place for two years, and the number of new study permit applications in 2025 will be reassessed at the end of this year.
Environmental Protection Agency Methane Waste Emissions Charge
On January 12, 2024, the Environmental Protection Agency (“EPA”) proposed a rule to implement the methane Waste Emissions Charge (“WEC”) program, which was enacted by Congress under the Inflation Reduction Act (“IRA”). Comments on the proposal are due 45 days after publication of the proposed rule in the Federal Register.
Changing of the Guard: NCAA Presents Pathway for Division I Schools to Pay Athletes
Skip to main content December 06, 2023 Volume XIII, Number 340 Legal Analysis. Expertly Written. Quickly Found. Trending News Changing of the Guard: NCAA Presents Pathway for Division I Schools to Pay Athletes Print Mail Download i NCAA President Charlie Baker has advanced the idea of giving universities and colleges (with the most-resourced athletic departments) the option to pay student-athletes.
Governor-elect Jeff Landry Announces Secretary of the Louisiana Department of Revenue
Governor-elect Jeff Landry announced today appointments to the Louisiana Department of Revenue. Secretary of the Louisiana Department of Revenue: Richard Nelson Under-Secretary of the Louisiana Department of Revenue: Jarrod Coniglio Legislative Liaison of the Louisiana Department of Revenue: James Lee “I am happy to make these announcements today, and I look forward to working with these highly qualified individuals,” said Governor-elect Jeff Landry.
China Expands Visa-Free Access for Six Countries: France, Germany, Italy, the Netherlands, Spain, and Malaysia
To foster greater global connections and enhance bilateral relationships, China has announced an expansion of its visa-free policy for travelers from certain countries. Starting in early December 2023 and lasting until November 2024, passport holders from France, Germany, Italy, the Netherlands, Spain, and Malaysia will have the opportunity to enter China without first applying for a visa.
Environmental Protection Agency Finalizes Oil and Gas Regulations
On December 2, 2023, the Environmental Protection Agency (“EPA”) announced a final Clean Air Act rule establishing methane emission standards for facilities in the oil and gas sector (the “Methane Standards Rule”). EPA estimates that the new standards will reduce the sector’s methane emissions by 80% between 2024 and 2038. The Final Rule will also reduce Volatile Organic Compounds, which contribute to ozone pollution.
Taking Stock of a Big Month for Methane Policy
November has been a big month for methane policy, featuring announcements of new international, domestic, and private sector initiatives. A common thread across all of the new initiatives is the aim of achieving more ambitious, credible, and internationally consistent standards for measurement, monitoring, reporting, and verification (MMRV) of methane emissions from the oil and gas sector. Below is a review. China’s Methane Pledge.
U.S. EPA: new rules proposed for cutting Fossil Fuel-Fired Power Plant emissions
In May the U.S. Environmental Protection Agency proposed new rules regulating carbon emissions from fossil fuel-fired power plants. Here, four experts from the Center for Strategic and International Studies – Cy McGeady, John Larsen, Kyle Danish and Mathias Zacarias – make their assessment and point at the wide-ranging implications.
EPA Releases Landmark Greenhouse Gas Standards for Power Plants
Introduction On May 11, 2023, the U.S. Environmental Protection Agency (EPA) proposed new carbon dioxide (CO2) standards for power plants under the Clean Air Act. In the proposal, EPA sets emissions limits for certain existing, modified, new, and reconstructed fossil fuel power plants based on factors including size, how often the plant runs, and retirement dates. The standards are based on the use of new technologies including CO2 capture and sequestration (CCS) and co-firing with clean hydrogen.
Kyle Danish Van Ness Feldman Law Firm Washington DC Energy and Environmental Lawyer
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Experts React: EPA Greenhouse Gas Standards and Guidelines for Fossil Fuel-Fired Power Plants
Cy McGeady John Larsen Kyle Danish Mathias Zacarias On May 11, the Environmental Protection Agency’s (EPA) proposed new rules regulating carbon emissions from fossil fuel-fired power plants under the authority of the Clean Air Act. This comes as part of the Biden administration’s broad push on climate and enviromental objectives. The power sector is a major source of emissions, with fossil fuel-fired power plants responsible for roughly 25 percent of total U.S. greenhouse gas (GHG) emissions.
EPA Proposes More Stringent Methane Regulations for Oil and Gas Facilities
Wednesday, November 16, 2022 Introduction On Friday, November 11, 2022, at the international climate talks in Egypt, the Biden Administration rolled out proposed Environmental Protection Agency (EPA) regulations aimed at limiting emissions of methane and volatile organic compounds (VOCs) from the oil and gas sector. The proposal (available here) supplements an original proposed rule that the EPA issued in November 2021.
Supreme Court Limits EPA's Authority to Regulate Greenhouse Gas Emissions
On June 30, 2022, the Supreme Court issued a landmark decision in West Virginia v. EPA. In a 6-3 opinion written by Justice Roberts, the Court held that Congress did not give EPA the authority under Section 111 of the Clean Air Act to set emission standards for existing power plants that prescribe the market share of certain types of power generation.
SEC Issues Proposal for Enhanced and Standardized Climate-Related Disclosure
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Securities Exchange Commission Division of Examinations 2022 Priorities
On March 30, 2022, the Securities and Exchange Commission (SEC) Division of Examinations (Division) announced its examination priorities (the Exam Priorities), identifying areas of focus for examinations in 2022. The announcement focuses on five different categories: Private Funds; Environmental, Social, and Governance (ESG); Retail Investors and Working Families; Information Security and Operational Resiliency; and Emerging Technologies and Crypto-Assets.
Earth Day Series 2022: Environmental, Social & Governance Part 3 – Practical Steps to Develop or Refine an ESG Policy
On Friday, April 22, the United States and the rest of the world recognized Earth Day 2022. With “Invest in Our Planet” as its theme, Earth Day 2022 focused additional attention on Environmental, Social, and Governance (ESG) as an important metric for evaluating activities that may impact human health or the environment. This is the third and final alert in a series of publications by Bradley’s Environmental Law team in recognition of Earth Day 2022.
SEC Issues Climate-Related Risk Disclosure Rule Proposal
Thursday, March 24, 2022 The Biden administration has prioritized environmental, social, and governance (ESG) risks to capital markets, particularly climate-related financial risks (discussed in our previous alert, Biden Administration ESG Activity Accelerates).
SEC Proposes Disclosures of Climate Risk for US Companies
Tuesday, March 22, 2022 The focus of investors on climate-related risks is growing, and the Biden Administration is taking an all-government approach to combat climate change. The Securities and Exchange Commission ("SEC" or "Commission") is now proposing landmark requirements for public companies operating in the U.S. to disclose climate risks and emissions in their business operations.
Biden’s Infrastructure Law: Energy & Sustainability Implications
Wednesday, January 5, 2022 On November 15th, President Biden signed the Infrastructure Investment and Jobs Act (“the Law”) into law.
EPA Proposes New Methane Regulations for Oil and Gas Facilities
Thursday, November 4, 2021 On November 2, 2021, the U.S. Environmental Protection Agency (EPA) released a proposed rule that would limit emissions of methane, a greenhouse gas, from facilities in the oil and gas sector. The proposed regulations would reach hundreds of thousands of new and—for the first time—existing facilities in the production, gathering, processing, and transmission and storage segments.
From Disclosure to Regulation: Potential Impacts of Climate-related Regulation of Banks
September 8, 2020 The Covid-19 pandemic has revealed that some of our national and global institutions were not adequately prepared to address a known risk. This experience underscores the question of whether major financial institutions are adequately prepared for other known risks—those associated with global climate change.
Democrats Coalesce on Energy and Climate Message Ahead of 2020 Election
Wednesday, July 22, 2020 In recent weeks, Democrats on the campaign trail and in Congress have moved towards a consensus message on a key campaign issue heading into the 2020 elections – climate change.
House Committee Releases Framework for Comprehensive Climate Legislation
Tuesday, January 14, 2020 In early 2019, House of Representatives leadership directed each House committee to examine policies within its legislative jurisdiction to address the complex challenges of global climate change. In addition, House leadership created a Select Committee on the Climate Crisis, which would work with standing committees who have jurisdiction, such as the Energy and Commerce Committee, to deliver climate policy recommendations.
Why the Trump Administration’s Environmental Rollback is Increasingly Seeing Pushback
September 24, 2019 Last week, the U.S. Environmental Protection Agency (EPA) revoked California’s waiver under the Clean Air Act to set state-specific greenhouse gas emission standards for new cars and trucks. The press is referring to this action as the latest Trump administration “rollback” of an Obama-era climate regulation.
EPA Proposed ACE to Replace Clean Power Plan Rule
On August 21, 2018, the Environmental Protection Agency (EPA) issued a proposed rule pursuant to section 111(d) of the Clean Air Act (CAA) that would establish emission guidelines for states to develop plans to limit carbon dioxide (CO ) emissions from existing fossil-fired power plants.
California's Cap-and Trade Program Wins in Court, Program's Future Still Unclear | Van Ness Feldman LLP
For climate policy advocates, California has been a kind of sanctuary state, unflagging in its commitment to ambitious mitigation strategies even as the Trump Administration moves to unwind programs at the federal level. In 2016, the California Legislature enacted an aggressive target for the state: reduce greenhouse gas (GHG) emissions 40 percent below 1990 levels by 2030. However, the state’s climate policies have been subject to ongoing judicial and legislative uncertainty.
California's Cap-and Trade Program Wins in Court, Program's Future Still Unclear
For climate policy advocates, California has been a kind of sanctuary state, unflagging in its commitment to ambitious mitigation strategies even as the Trump Administration moves to unwind programs at the federal level. In 2016, the California Legislature enacted an aggressive target for the state: reduce greenhouse gas (GHG) emissions 40 percent below 1990 levels by 2030. However, the state’s climate policies have been subject to ongoing judicial and legislative uncertainty.
Trump Order Sets Up Rollback of Obama Energy and Climate Action
On Tuesday March 28, President Donald Trump signed an Executive Order that takes the first step in rolling back executive actions that had been undertaken by the Obama Administration to address climate change and energy resource development. The far-reaching order directly revokes or rescinds certain presidential and regulatory actions and directs the review and potential subsequent rescission or revision of other key programs and regulations administered by a variety of agencies.
Early Clean Power Planning - A Hedging Strategy for Sec. 111(d)
By December 2, almost 4 million comments were filed on the Environmental Protection Agency’s (EPA) proposed Clean Power Plan, a proposal to reduce carbon dioxide (CO2) emissions from existing power plants. In January, EPA announced that it plans to finalize its Clean Power Plan rule in the summer of 2015. State compliance plans will be due a year later, in the summer of 2016.
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