ConocoPhillips Has An Ambition Is to Be Net-Zero by 2050-ish — It’s a Start

Last week, ConocoPhillips announced a goal of reducing its emissions to net-zero by 2045-2055.  It’s a significant step and so it is important to note both what is in the plan and what is not.

First, what is in the plan?

  • ConocoPhillips has set a 2030 target of reducing Scope 1 and Scope 2 emissions by 35%-45%
  • It has an “ambition” to be net-zero by 2045-2055
  • It has signed on to a World Bank initiative to eliminate routine flaring by 2030
  • It will implement continuous methane emissions detection
  • It addresses emissions from the use of its products by supporting the Carbon Leadership Council – which presumably means supporting the CLC proposal for a “Carbon Dividends Plan”

All of these are good steps. … More

Department of Homeland Security Releases Homeland Threat Assessment

On October 6, 2020, the Department of Homeland Security (“DHS”) released a 2020 Homeland Threat Assessment (“HTA”).  According to Acting Secretary Chad F. Wolf, the “first of its kind report” identifies the primary threats facing the nation and analyzes the vast array of information coming from all DHS operational components that crosses his desk on a daily basis.  “When the American people read this HTA they will be more aware of the traditional threats facing the Homeland like terrorism and organized crime.  … More

Foley Hoag Attorneys Christina Hioureas and Alejandra Torres Camprubi to Participate in Dialogue Focused on Self-Determination and Sea-Level Rise

Foley Hoag LLP counsel and United Nations practice group Chair Christina Hioureas and associate Alejandra Torres Camprubi will serve as panelists for a series titled “Climate, State and Sovereignty: Self-Determination and Sea-Level Rise,” to be held in consecutive months from September – December 2020.  The series, sponsored by the Liechtenstein Mission to the United Nations and the Liechtenstein Institute on Self-Determination (LISD) at Princeton University, will bring together academics and experts representing the States most affected by the rising sea levels to discuss the situation as it stands,… More

Massachusetts Implements a Clean Peak Standard

On July 23, 2020, the Massachusetts Department of Energy Resources (“DOER”) filed final regulations implementing a “Clean Peak Energy Standard,” which formally went into effect on August 7, 2020.  The final regulations are the latest step towards making reality out of an idea enacted through the 2018 Act to Advance Clean Energy and make Massachusetts the first state to adopt such a program.… More

A “Time of Heightened Tensions”: Homeland Security and National Security Agency Issue Joint Cybersecurity Alert

On July 23, 2020, the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA), joined by the National Security Agency (NSA), issued a cybersecurity alert to operators of critical infrastructure.  This cybersecurity alert outlines a series of “immediate actions” companies should take to reduce the risk of operational interference resulting from cyberattack. Unlike the bulletin issued by the Department of Homeland Security in January of 2020,… More

Massachusetts Attorney General Strikes Down First Municipal Fossil Fuel Ban

Just over a year ago, the city of Berkeley, California, became the first City in the United States to ban natural gas hookups in new buildings.  The trend of municipalities enacting fossil fuel bans, driven by a desire to reduce greenhouse gas emissions and combat climate change, has spread across California and a few other states and has now reached the east coast.  Yesterday, the Massachusetts Attorney General’s Municipal Law Unit struck down the first such municipal fossil fuel ban to come across its desk as inconsistent with the general laws of the Commonwealth.… More

FERC NOI Considers Expansion of Cybersecurity Rules to Distributed Generation

On Wednesday, June 24, 2020, the Federal Energy Regulatory Commission (FERC or “the Commission”) published a Notice of Inquiry (NOI) in the Federal Register soliciting comments on Federal Energy Regulatory Commissionpotential enhancements to the Critical Infrastructure Protection (CIP) Reliability Standards[1] that currently exist to help our energy infrastructure protect itself from attack. (Initial Comments are due by August 24, 2020, and Reply Comments are due by September 22,… More

BLM Rescission of the Methane Waste Prevention Rule Has Been Vacated; Two Thoughts About the Implications

Last week, Judge Yvonne Gonzalez Rogers vacated BLM’s rescission of the 2016 methane “Waste Prevention Rule.”  Although Judge Rogers found many flaws in the rescission rule, I think that two are key. 

The first is the Court’s rejection, under Chevron, of BLM’s limitation of the definition of “waste” to economic waste.  I think that the Court’s holding is correct,… More

California’s Agreement With Quebec Is Not Preempted — At Least For Now

Last week, Judge William Shubb of the U.S. District Court for the Eastern District of California ruled that the Agreement between California and Quebec to jointly operate a GHG cap-and-trade market did not violate either the Foreign Affairs Doctrine.  Judge Shubb had previously ruled that the Agreement did not violate either the Treaty Clause or the Compact Clause.

As before, I think Judge Shubb got it right,… More