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Jake Levine is a member of the firm’s Public Policy Practice Group, and its Clean Energy and Climate Industry Group. Mr. Levine advises clients on a variety of public policy, legislative, regulatory, and business matters related to clean energy, climate, water, transportation, and technology.

Prior to joining Covington, Mr. Levine held a number of senior positions at the intersection of clean energy policy and technology. Mr. Levine served most recently as Senior Counsel and Principal Consultant to California State Senator Fran Pavley, where he led a team focused on state policy related to climate change, electric vehicles, energy storage, drought and water policy. As part of his duties in the State Senate, Mr. Levine led the successful campaign to draft, design, and enact SB 32 (Pavley) and AB 197 (Garcia), new climate and environmental justice legislation in California.

Mr. Levine also served as Chief of Staff to the President of Opower, a software firm that uses big data and behavioral science technology to help consumers take control their energy use. In this role, Mr. Levine managed a series of cross-organizational projects, including development of policy innovation, partnerships, and sales opportunities in Latin American and Asia, as well as federal and state-level regulatory reforms related to the U.S. utility sector.

Mr. Levine also has experience in the White House Office of Energy and Climate Change, where he worked on a host of innovative energy policies, including the most stringent fuel economy standards ever set and the first-ever greenhouse gas emissions standards for cars and trucks. He served as a member of President Obama's delegation to the U.N. Conference of Parties in Copenhagen, as a member of the 2009 Presidential Inaugural Committee, and during the 2008 presidential campaign, traveled with Senator Obama to more than 20 states and Europe, managing the national press corps.

This month, situated among foldable tablet computers and flying taxis, the U.S. Secretary of Transportation, Elaine Chao, unveiled at the Consumer Electronics Show (“CES”) the U.S. Department of Transportation’s (“DOT”) long-anticipated fourth round of automated vehicles guidance, “AV 4.0.”  Formally entitled, “Ensuring American Leadership in Automated Vehicle Technologies,” AV 4.0 is less regulatory guidance and more regulatory aggregator.  The document lists in great detail the various Administration efforts—across 38 federal departments and agencies—geared toward promoting, supporting, and providing accountability for users and communities with respect to autonomous mobility.
Continue Reading IoT Update: DOT Introduces Fourth Round of Automated Vehicles Guidance (AV 4.0)

Last week, Covington dispatched a team of connected and automated vehicles (“CAV”) practitioners to participate in the Mcity Congress, in Ann Arbor, Michigan.  Lawyers from our Technology and IP Transactions, Public Policy, Product Safety and Liability, and Insurance practice groups presented a series of observations and insights around mitigating liability in the CAV industry, and we saw first-hand what’s happening at the cutting edge of CAV technology.
Continue Reading IoT Update: Who’s at the Wheel? Connected and Automated Vehicles Stakeholders Weigh In from the Mcity Congress

In exchange for a stay of the proceedings in both United States v. California and American Cable Association v. Becerra, California has agreed not to enforce its new net neutrality law, SB 822, pending the resolution of Mozilla Corp. v. FCC, the lawsuit challenging the FCC’s Restoring Internet Freedom Order (“Order”).  The Order had repealed Obama-era net neutrality rules.  SB 822, which we previously discussed here, was scheduled to go into effect on January 1, 2019, and contains the most stringent net neutrality requirements of any state.  When the law was passed on September 30, the U.S. Department of Justice immediately sued California, arguing it was preempted by the FCC’s Order.

Continue Reading Net Neutrality Update: California and the United States Agree to Stay Further Proceedings Pending Review of FCC Order

On September 30, California Governor Jerry Brown signed a bill to apply net neutrality rules to Internet Service Providers (“ISPs”) operating in that state.  California is not the first state to enact legislation on net neutrality, but its bill contains the most stringent requirements yet.  The Trump Administration and multiple ISPs have sued to prevent the new law from going into effect, arguing that it conflicts with federal law.  The first hearing on the legal challenge will take place on November 14.

Continue Reading California Adopts Net Neutrality Law; Court Hearing Scheduled for Nov. 14

On Friday August 24, the Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) published a proposed rule in the Federal Register: The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks (“Proposed Rule”).  83 Fed. Reg. 42817.

The long-anticipated rulemaking has garnered media attention for its proposed measures to indefinitely freeze fuel economy and greenhouse gas emissions standards, and to strip California’s long-held authority under the Clean Air Act to set its own tailpipe emissions rules.  EPA’s decision to reconsider its own determination that the previous standards were appropriate as set through the year 2025 has been challenged in court by eighteen states, private parties, and environmental NGOs.

But another set of stakeholders may be interested in the rule: autonomous and connected vehicles manufacturers and parts suppliers.


Continue Reading Covington AI/IoT Update: EPA and NHTSA Seek Comment on Autonomous and Connected Vehicles