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.”
https://environmentalenergybrief.sidley.com/wp-content/uploads/sites/4/2025/01/AdobeStock_142001247.jpeg400600Maureen F. Gorsenhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngMaureen F. Gorsen2025-01-17 15:12:422025-01-17 15:40:43U.S. Fish and Wildlife Service Proposes New Critical Habitat Designation in California
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.
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Samuel B. Boxermanhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSamuel B. Boxerman2025-01-16 10:25:012025-01-16 10:25:01Federal Government Withdraws Proposed Climate Disclosure Requirements for Federal Contractors
On December 31, 2024, the U.S. Environmental Protection Agency (EPA or the Agency) published a determination in the Federal Register announcing the availability of preliminary lists of manufacturers of five chemical substances designated as “High-Priority Substances” under Section 6 of the Toxic Substances Control Act (TSCA). The manufacturers — including importers — of these chemical substances will be subject to fees and reporting requirements under TSCA’s implementing regulations.
https://environmentalenergybrief.sidley.com/wp-content/uploads/sites/4/2025/01/AdobeStock_236159059.jpg369600Samuel B. Boxermanhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSamuel B. Boxerman2025-01-09 12:02:312025-01-09 12:02:31EPA Announces List of Manufacturers Subject to Fees for Chemical Substances Under the Toxic Substances Control Act
On December 18, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule modifying regulations governing the new chemicals review process under the Toxic Substances Control Act (TSCA) (Final Rule). As amended by the 2016 Lautenberg Amendments, TSCA Section 5 establishes prior notice requirements before a new chemical can be manufactured or an existing chemical can be used in new ways.[1] The Final Rule updates EPA practices guiding its review of exemptions and safety determinations, as well as a submitter’s request to start manufacturing, and aligns the implementing regulations with the 2016 amendments.
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Samuel B. Boxermanhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSamuel B. Boxerman2025-01-03 09:03:492025-01-02 16:39:57U.S. Environmental Protection Agency Amends New Chemicals Review Process Under Toxic Substances Control Act
On Thursday, December 26, 2024, New York Governor Kathy Hochul signed into law the second-in-the-nation Climate Change Superfund Act (the “Act”). The Act had first passed the New York legislature in June 2024, shortly after Vermont’s Climate Superfund Act became law. See, Sidley Update.
https://environmentalenergybrief.sidley.com/wp-content/uploads/sites/4/2025/01/MN-18268-Updated-Environmental-and-Energy-Brief-Blog-PIPELINE-B.jpg606833Samuel B. Boxermanhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSamuel B. Boxerman2025-01-02 09:46:242025-01-07 12:58:18New York Passes Second-in-the-Nation Climate Change Superfund Act
Earlier this week, two environmental groups sued the California Air Resources Board (“CARB”) for approving amendments (the “Amendments”) to the Low Carbon Fuel Standard (“LCFS”). CARB had voted to amend the LCFS on November 8, 2024, with the intent of lowering the carbon intensity of the fuel mix in California and encouraging the use of low-carbon transportation fuels. For more details on the LCFS Amendment changes, see Sidley’s Alert.
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Maureen F. Gorsenhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngMaureen F. Gorsen2024-12-20 15:49:592024-12-20 15:49:59Environmental Groups Bring CEQA Challenges of CARB’s Amendments to the Low Carbon Fuel Standard
On November 26, 2024, the United States, on behalf of the U.S. Environmental Protection Agency (EPA), appealed a district court decision dismissing the government’s claims that eBay violated the Clean Air Act (CAA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Toxic Substances Control Act (TSCA).
https://environmentalenergybrief.sidley.com/wp-content/uploads/sites/4/2024/07/AdobeStock_102707391.jpg400600Samuel B. Boxermanhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSamuel B. Boxerman2024-12-13 10:19:102024-12-17 13:01:31EPA Appeals Dismissal of Suit Against eBay
On December 2, California lawmakers began a special legislative session, convened by Democratic Governor Newsom, aimed at bolstering state support for opposing the incoming U.S. presidential administration.
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Samuel B. Boxermanhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSamuel B. Boxerman2024-12-05 10:11:092024-12-05 10:11:09California Kicks Off Special Legislative Session in Response to Presidential Election
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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.
(more…)
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
EPA Announces List of Manufacturers Subject to Fees for Chemical Substances Under the Toxic Substances Control Act
On December 31, 2024, the U.S. Environmental Protection Agency (EPA or the Agency) published a determination in the Federal Register announcing the availability of preliminary lists of manufacturers of five chemical substances designated as “High-Priority Substances” under Section 6 of the Toxic Substances Control Act (TSCA). The manufacturers — including importers — of these chemical substances will be subject to fees and reporting requirements under TSCA’s implementing regulations.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Rose Quam-Wickham
Washington, D.C.
rquamwickham@sidley.com
U.S. Environmental Protection Agency Amends New Chemicals Review Process Under Toxic Substances Control Act
On December 18, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule modifying regulations governing the new chemicals review process under the Toxic Substances Control Act (TSCA) (Final Rule). As amended by the 2016 Lautenberg Amendments, TSCA Section 5 establishes prior notice requirements before a new chemical can be manufactured or an existing chemical can be used in new ways.[1] The Final Rule updates EPA practices guiding its review of exemptions and safety determinations, as well as a submitter’s request to start manufacturing, and aligns the implementing regulations with the 2016 amendments.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Riley Desper
Washington, D.C.
rdesper@sidley.com
New York Passes Second-in-the-Nation Climate Change Superfund Act
On Thursday, December 26, 2024, New York Governor Kathy Hochul signed into law the second-in-the-nation Climate Change Superfund Act (the “Act”). The Act had first passed the New York legislature in June 2024, shortly after Vermont’s Climate Superfund Act became law. See, Sidley Update.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Jack Raffetto
Washington, D.C.
jraffetto@sidley.com
Rose Quam-Wickham
Washington, D.C.
rquamwickham@sidley.com
Sophia E. Wallach
Los Angeles
swallach@sidley.com
Maureen M. Crough
New York
mcrough@sidley.com
Jim Wedeking
Washington, D.C.
jwedeking@sidley.com
Environmental Groups Bring CEQA Challenges of CARB’s Amendments to the Low Carbon Fuel Standard
Earlier this week, two environmental groups sued the California Air Resources Board (“CARB”) for approving amendments (the “Amendments”) to the Low Carbon Fuel Standard (“LCFS”). CARB had voted to amend the LCFS on November 8, 2024, with the intent of lowering the carbon intensity of the fuel mix in California and encouraging the use of low-carbon transportation fuels. For more details on the LCFS Amendment changes, see Sidley’s Alert.
(more…)
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
Sophia E. Wallach
Los Angeles
swallach@sidley.com
EPA Appeals Dismissal of Suit Against eBay
On November 26, 2024, the United States, on behalf of the U.S. Environmental Protection Agency (EPA), appealed a district court decision dismissing the government’s claims that eBay violated the Clean Air Act (CAA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Toxic Substances Control Act (TSCA).
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Joshua J. Fougere
Washington, D.C.
jfougere@sidley.com
Randi Singer
New York, Palo Alto
randi.singer@sidley.com
Hannah Posen
Chicago
hposen@sidley.com
California Kicks Off Special Legislative Session in Response to Presidential Election
On December 2, California lawmakers began a special legislative session, convened by Democratic Governor Newsom, aimed at bolstering state support for opposing the incoming U.S. presidential administration.
(more…)
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
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