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Environmental and Energy Brief
Perspectives for the Environmental and Energy Community
FERC Orders Action on Co-Location Issues Related to Data Centers Running AI
Earlier today, at the February 20, 2025 Federal Energy Regulatory Commission (FERC) Open Meeting, FERC Commissioners voted unanimously to launch a review of issues associated with the co-location of large loads at generating facilities at PJM Interconnection, L.L.C. (PJM). The review will look at whether the PJM tariff needs to establish rules to provide clarity on co-location while ensuring grid reliability and fair costs to consumers.
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Grace Dickson Gerbas
Dallas
gdicksongerbas@sidley.com
Kenneth W. Irvin
Washington, D.C.
kirvin@sidley.com
Christopher J. Polito
Washington, D.C.
cpolito@sidley.com
States Challenge New York’s Climate Superfund Act
The Climate Superfund Act (Act), signed into law by New York Governor Kathy Hochul on December 26, 2024, faces a substantial lawsuit filed by a coalition of states and industry participants. As described in our previous post here, the Act authorizes the state government to unilaterally levy billions of dollars in fines on fossil fuel companies over the next two decades for alleged contribution to greenhouse gas (GHG) emissions.
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Jack Raffetto
Washington, D.C.
jraffetto@sidley.com
Jim Wedeking
Washington, D.C.
jwedeking@sidley.com
Lauren E. DeCarlo
Chicago
lauren.decarlo@sidley.com
Rose Quam-Wickham
Washington, D.C.
rquamwickham@sidley.com
Sophia E. Wallach
Los Angeles
swallach@sidley.com
President Trump’s Executive Order Seeks to Reduce Federal Regulation
President Trump’s January 31, 2025, Executive Order (EO) titled “Unleashing Prosperity Through Deregulation,” is a part of the new Administration’s broader policy to reduce federal regulation. The EO finds that federal regulations impose significant costs and complexities on American citizens and businesses that hinder economic growth, innovation, and global competitiveness – and it is the Administration’s policy to alleviate these burdens. This marks a policy change from the approach of the prior administration and is a broader effort than the regulatory reforms of the first Trump Administration.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Daniel J. Feith
Washington, D.C.
dfeith@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Nicole E. Noëlliste
Washington, D.C.
nnoelliste@sidley.com
Jeremy Rozansky
Washington, D.C.
jrozansky@sidley.com
Sophia E. Wallach
Los Angeles
swallach@sidley.com
States, Advanced Reactor Developer Challenge NRC’s Authority to License Advanced Reactors
The outcome of a lawsuit filed at the end of 2024 challenging the U.S. Nuclear Regulatory Commission’s (“NRC’s or the Agency’s”) authority under a 1956 rule to license certain nuclear facilities could have important implications for advanced reactor licensing processes and the supply of electricity in the U.S. in the years ahead.
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Nicole E. Noëlliste
Washington, D.C.
nnoelliste@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Kenneth W. Irvin
Washington, D.C.
kirvin@sidley.com
Top 5 Energy Actions You Should Know from President Trump’s First Day
On January 20, 2025, President Trump began his second term with the signing of 26 executive orders (EOs), which included the recission of almost 80 EOs of the previous administration. Trump’s orders contain both repeals of key Biden Administration policies and calls to agency action to reassess treatment of major energy issues associated with domestic energy production. Here are the top five actions to know from President Trump’s first day as the new administration begins its reshaping of U.S. energy policy for his second term in office.
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Kenneth W. Irvin
Washington, D.C.
kirvin@sidley.com
Sarah Tucker
Washington, D.C.
stucker@sidley.com
Jeremy Pettit
Dallas
jpettit@sidley.com
Grace Dickson Gerbas
Dallas
gdicksongerbas@sidley.com
Priya Kareddy
Washington, D.C.
priya.kareddy@sidley.com
Top 5 Environmental Actions You Should Know from President Trump’s First Day
On January 20, 2025, President Trump began his second term with the signing of 26 executive orders (EOs), which included the recission of almost 80 EOs of the previous administration. Trump’s orders contain both repeals of key Biden Administration policies and calls to agency action to reassess treatment of major environmental issues associated with motor vehicles, energy development, and climate change. Here are the top five actions to know from President Trump’s first day as the new administration begins its reshaping of U.S. environmental policy for his second term in office.
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Justin A. Savage
Washington, D.C.
jsavage@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Mackenzi J.S. Ehrett
Washington, D.C.
mehrett@sidley.com
Riley Desper
Washington, D.C.
rdesper@sidley.com
U.S. Fish and Wildlife Service Proposes New Critical Habitat Designation in California
The U.S. Fish and Wildlife Service (FWS) has proposed designating approximately 760,000 acres in California as critical habitat for four distinct population segments (DPSs) of the foothill yellow-legged frog, a species that is listed as either endangered or threatened under the Endangered Species Act (ESA). The critical habitat designation includes areas within the geographical range of the foothill yellow-legged frog that contain the physical or biological features that FWS has deemed essential to the species’ conservation, as well as areas outside the current range that are deemed necessary for the species’ recovery. EPA based its determination on the “best available scientific data after taking into consideration the economic impact, national security impact, and any other relevant impact of specifying any particular area as critical habitat.”
Maureen F. Gorsen
Century City
maureen.gorsen@sidley.com
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Caleb J. Bowers
Los Angeles
cbowers@sidley.com
Brooklyn Hildebrandt
Los Angeles
bhildebrandt@sidley.com
Lauren E. DeCarlo
Chicago
lauren.decarlo@sidley.com
Federal Government Withdraws Proposed Climate Disclosure Requirements for Federal Contractors
On January 13, 2025, the federal government withdrew a proposed rule that would have required government contractors to publicly disclose their greenhouse gas (GHG) emissions and set emissions reduction goals. The withdrawal comes on the eve of the transition to the second Trump administration, which is expected to take a very different approach to climate regulation and disclosure than has been advanced during the Biden administration.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Heather M. Palmer
Houston
hpalmer@sidley.com
Howard J. Stanislawski
Washington, D.C.
hstanislawski@sidley.com
Riley Desper
Washington, D.C.
rdesper@sidley.com
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Sidley Partner Justin Savage to Co-Chair the 2025 Summit on EV Battery Supply Chain and Compliance
Sidley partner and Environmental practice co-leader Justin Savage will serve as co-chair for the upcoming Battery Supply Chain and Compliance Summit hosted by the American Conference Institute (ACI) on March 20, 2025 in Chicago, IL.
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Meet The Team
Samuel B. Boxerman
sboxerman@sidley.com
Keturah A. Brown
keturah.brown@sidley.com
Grace Dickson Gerbas
gdicksongerbas@sidley.com
Terence T. Healey
thealey@sidley.com
Kenneth W. Irvin
kirvin@sidley.com
Christopher J. Polito
cpolito@sidley.com
Casey Khan
ckhan@sidley.com
Michael L. Lisak
mlisak@sidley.com
Brittany A. Bolen
bbolen@sidley.com
Brooklyn Hildebrandt
bhildebrandt@sidley.com
Nicole E. Noëlliste
nnoelliste@sidley.com
Hannah Posen
hposen@sidley.com
Jack Raffetto
jraffetto@sidley.com