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Environmental and Energy Brief
Perspectives for the Environmental and Energy Community
Fish and Wildlife Revives Incidental Take Saga Under the Migratory Bird Treaty Act
In latest saga surrounding the formidable Migratory Bird Treaty Act (MBTA or Act), the U.S. Fish and Wildlife Service on April 21, 2025, withdrew its 2021 advance notice of proposed rulemaking to potentially authorize the incidental taking or killing of migratory birds, consistent with its interpretation of the Act. The 2021 advance notice promised a new regulatory scheme possibly authorizing the incidental take of migratory birds — a practice that would have broken with pre-2017 MBTA interpretation but more practically implement the Act in response to various needs, such as infrastructure permitting and development.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Brooklyn Hildebrandt
Los Angeles
bhildebrandt@sidley.com
Three Takeaways from the Trump Administration’s Latest Push for Shifts in Domestic Energy Production
On April 8, 2025, President Trump issued three executive orders reflecting the Administration’s push for increased domestic coal production. The orders point to the surge in electricity demand from data centers and other infrastructure required to support Trump Administration goals, including becoming a leader in artificial intelligence (AI), as a key rationale. Here are three takeaways from these orders.
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Kenneth W. Irvin
Washington, D.C.
kirvin@sidley.com
Nisha Jain
Washington, D.C.
nisha.jain@sidley.com
Riley Desper
Washington, D.C.
rdesper@sidley.com
States Propose New Indirect Source Rules Targeting Warehouse Emissions
A growing number of states are advancing indirect source rules (ISRs), making warehouse and related logistics operations responsible for reducing or offsetting air pollution from the vehicles that transport goods to and from the covered warehouses. California’s South Coast Air Quality Management District (SCAQMD) has already adopted Rule 2305 — affecting warehouses in the Los Angeles region — and new legislative and regulatory proposals may soon expand similar obligations statewide in California and to other jurisdictions. These measures aim to address pollution from mobile sources, such as trucks that frequent warehouse hubs indirectly, and require a suite of costly measures aimed at transitioning fleets away from diesel fuels and internal combustion engines. Although these proposals directly regulate warehouse owners and operators, they aim to transition fleets to alternative energy sources by imposing costs for warehouse visits.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Maureen F. Gorsen
Century City
maureen.gorsen@sidley.com
Caleb J. Bowers
Los Angeles
cbowers@sidley.com
New York Proposes Mandatory Greenhouse Gas Reporting Rule
Last month, the New York State Department of Environmental Conservation (DEC) announced that it is considering a rule that would subject certain greenhouse gas (GHG) emissions sources to a mandatory reporting rule. This proposed rule aims to collect comprehensive emissions data from large GHG emitters across the state. Although the rule only proposes to impose reporting requirements, DEC has announced plans to use the information obtained to develop further strategies to reduce GHG emissions and direct investments to renewable energy alternatives.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Lauren E. DeCarlo
Chicago
lauren.decarlo@sidley.com
SEC Ends Defense of Climate-Related Disclosure Rules
On March 27, 2025, the U.S. Securities and Exchange Commission (SEC) announced that it had voted to end its defense of the final rules on the enhancement and standardization of climate-related disclosures for investors (the climate rules). This decision follows significant opposition to the climate rules from congressional leaders, trade associations, state attorneys general, and other business entities. (more…)
Sonia Gupta Barros
Washington, D.C.
sbarros@sidley.com
Heather M. Palmer
Houston
hpalmer@sidley.com
Kwaku A. Akowuah
Washington, D.C.
kakowuah@sidley.com
Maureen F. Gorsen
Century City
maureen.gorsen@sidley.com
Nicolas J.S. Lockhart
Geneva
nlockhart@sidley.com
Evan Grosch
Houston
egrosch@sidley.com
Presidential Exemption for Certain Stationary Sources of Air Pollution
The Environmental Protection Agency (EPA) has opened an electronic mailbox to allow regulated sources to request a Presidential Exemption under section 112(i)(4) of the Clean Air Act (CAA) from nine National Emission Standards for Hazardous Air Pollutants (NESHAPs) that EPA is reconsidering (see table below) across the energy, manufacturing, and chemical sectors.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Byron F. Taylor
Chicago
btaylor@sidley.com
Sophia E. Wallach
Los Angeles
swallach@sidley.com
President Trump’s Executive Order Seeks to Initiate Immediate Measures to Increase American Mineral Production
On March 20, 2025, President Donald J. Trump issued an executive order (the Order) directing the Department of Defense, the Department of Energy, and other agencies involved in the financing and permitting process for domestic mining production to develop plans and take specific steps to enhance domestic mineral production in the United States (the U.S.).
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Sophia E. Wallach
Los Angeles
swallach@sidley.com
New York, New England ISOs File Tariff Amendments at FERC to Allow Them to Collect Import Duties on Canadian Electricity — But Only If the Feds Say So
On February 28, 2025, the New York Independent System Operator, Inc. (“NYISO”) and ISO New England (“ISONE”) separately submitted requests to the Federal Energy Regulatory Commission (“FERC”) for expedited action on amendments to their FERC-approved tariffs that would allow them to recover the costs of any duties, tariffs, or taxes imposed on them by a federal agency on the import of electricity from Canada into their respective service territories.
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Matthew B. Cahill
Washington, D.C.
matthew.cahill@sidley.com
Kenneth W. Irvin
Washington, D.C.
kirvin@sidley.com
Terence T. Healey
Boston
thealey@sidley.com
Christopher J. Polito
Washington, D.C.
cpolito@sidley.com
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Samuel B. Boxerman
sboxerman@sidley.com
Keturah A. Brown
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Grace Dickson Gerbas
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Terence T. Healey
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Kenneth W. Irvin
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Christopher J. Polito
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Casey Khan
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Michael L. Lisak
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Brittany A. Bolen
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Brooklyn Hildebrandt
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Nicole E. Noëlliste
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Hannah Posen
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Jack Raffetto
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