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.”

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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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.

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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.

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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.

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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.

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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).

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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.

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Meet The Team

<a target=‘_blank’ href="https://www.sidley.com/en/people/b/boxerman-samuel-b">Samuel B. Boxerman</a>

Samuel B. Boxerman

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/b/brown-keturah-a">Keturah A. Brown</a>

Keturah A. Brown

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/d/dickson-gerbas-grace">Grace Dickson Gerbas</a>

Grace Dickson Gerbas

Dallas
<a target=‘_blank’ href="https://www.sidley.com/en/people/h/healey-terence-t">Terence T. Healey</a>

Terence T. Healey

Boston
<a target=‘_blank’ href="https://www.sidley.com/en/people/i/irvin-kenneth-w">Kenneth W. Irvin</a>

Kenneth W. Irvin

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/p/polito-christopher-j">Christopher J. Polito</a>

Christopher J. Polito

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/k/khan-casey">Casey Khan</a>

Casey Khan

Houston
<a target=‘_blank’ href="https://www.sidley.com/en/people/l/lisak-michael-l">Michael L. Lisak</a>

Michael L. Lisak

Chicago

<a target=‘_blank’ href="https://www.sidley.com/en/people/b/bolen-brittany-a">Brittany A. Bolen</a>

Brittany A. Bolen

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/h/hildebrandt-brooklyn">Brooklyn Hildebrandt</a>

Brooklyn Hildebrandt

Los Angeles
<a target=‘_blank’ href="https://www.sidley.com/en/people/n/noelliste-nicole-e">Nicole E. Noëlliste</a>

Nicole E. Noëlliste

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/p/posen-hannah">Hannah Posen</a>

Hannah Posen

Chicago
<a target=‘_blank’ href="https://www.sidley.com/en/people/r/raffetto-jack-c">Jack Raffetto</a>

Jack Raffetto

Washington, D.C.

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