There have been several recent developments in enforcement, litigation, and regulatory implementation of the U.S. Environmental Protection Agency (EPA) phasedown of hydrofluorocarbons (HFCs).
https://environmentalenergybrief.sidley.com/wp-content/uploads/sites/4/2024/09/MN-21635_Photo-Request_EnvironmentalEnergy-Blog-2-3.jpg6271200Brittany A. Bolenhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngBrittany A. Bolen2024-09-13 15:35:012024-09-13 15:35:01Recent Developments in U.S. EPA’s Hydrofluorocarbon Phasedown
On September 6, 2024, the National Oceanic and Atmospheric Administration (NOAA) Office of Space Commerce announced that it had selected the first 17 individuals to serve on the inaugural Advisory Committee on Excellence in Space (ACES).
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Peter Whitfieldhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngPeter Whitfield2024-09-13 10:52:252024-09-13 12:06:42National Oceanographic and Atmospheric Administration Appoints Members to New Advisory Committee on Space Commerce
On July 9, 2024, the U.S. Environmental Protection Agency (EPA or Agency) announced a fourth update to its environmental justice (EJ) mapping and screening tool, EJSCREEN, under the Biden administration. EPA describes the tool as “a starting point for agency considerations of environmental justice” and generally uses the tool to identify areas that may have higher environmental burdens and inform several Agency functions, including permitting, enforcement, outreach, and compliance.
On June 27, 2024, the U.S. Supreme Court decided SEC v. Jarkesy,[1] holding that when the Securities and Exchange Commission (SEC) alleges a defendant has violated securities antifraud provisions and seeks civil penalties, the defendant is entitled to a jury trial in federal court under the Seventh Amendment. The ruling restricts the SEC’s use of its own in-house administrative tribunal with its own administrative law judges (ALJs), which the SEC has historically used to pursue antifraud claims. While the Court’s ruling focuses on the SEC, the principles underlying the decision may be applied more broadly to restrict the ability of other federal agencies, including the Environmental Protection Agency (EPA), to pursue civil penalties via their own administrative proceedings.
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. Boxerman2024-07-10 10:37:132024-07-10 14:31:54Jarkesy’s Potential Implications for EPA Administrative Proceedings
On Friday, June 28, 2024, the U.S. Supreme Court overruled Chevron v. NRDC in Loper Bright Enterprises v. Raimondo.[1] Although the Court’s decision to overturn Chevron was anticipated, Loper Bright nonetheless represents a paradigm shift because the Chevron doctrine had been a cornerstone of administrative law for 40 years.
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. Boxerman2024-07-02 13:26:522024-07-02 15:22:10Environmental Law Implications of Loper Bright and the End of Chevron Deference
On Thursday, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court stayed an Environmental Protection Agency (EPA) rule that would have required the implementation of additional, significant emissions controls in power plants, pipelines, cement factories, glass factories, iron and steel mills, paper mills, and other industrial facilities across 23 states. The stay provides relief to those industries as they challenge various aspects of the rule in the U.S. Court of Appeals for the D.C. Circuit — challenges on which the Supreme Court found the states and industries were likely to succeed.
https://environmentalenergybrief.sidley.com/wp-content/uploads/sites/4/2024/06/AdobeStock_102707391.jpg400600Samuel B. Boxermanhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSamuel B. Boxerman2024-06-28 11:37:302024-06-28 11:37:30U.S. Supreme Court Stays EPA Ozone Interstate Transport Rule
On June 18, 2024, the U.S. Senate passed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act to accelerate the deployment of nuclear energy capacity, including by accelerating the licensing and creating new incentives for advanced nuclear reactor technologies, among them small modular reactors. The Senate introduced the ADVANCE Act in March 2023, and the House of Representatives passed the Fire Grants and Safety Act, which contains the ADVANCE Act, on May 8, 2024. Now that both houses have passed the Act, it will go to President Joe Biden for signature. Full text of the ADVANCE Act as passed by the Senate can be found here on page 4.
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Terence T. Healeyhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngTerence T. Healey2024-06-27 09:05:422024-06-27 09:06:24Congress Passes ADVANCE Act to Facilitate U.S. Development of Advanced Nuclear Reactors
On May 30, 2024, Vermont’s Republican governor, Phil Scott, allowed Vermont’s S 259 — also referred to as the “Climate Superfund Act” — to become law without his signature. The stated goal of this law is to mitigate the impacts of climate change.
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Jack Raffettohttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngJack Raffetto2024-06-21 12:14:012024-06-21 12:14:01Vermont and New York Climate Acts are First in a Wave of Likely Climate Change Cost Recovery Laws
Recent Developments in U.S. EPA’s Hydrofluorocarbon Phasedown
There have been several recent developments in enforcement, litigation, and regulatory implementation of the U.S. Environmental Protection Agency (EPA) phasedown of hydrofluorocarbons (HFCs).
(more…)
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Sophia E. Wallach
Century City
swallach@sidley.com
National Oceanographic and Atmospheric Administration Appoints Members to New Advisory Committee on Space Commerce
On September 6, 2024, the National Oceanic and Atmospheric Administration (NOAA) Office of Space Commerce announced that it had selected the first 17 individuals to serve on the inaugural Advisory Committee on Excellence in Space (ACES).
(more…)
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Sophia E. Wallach
Century City
swallach@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
U.S. EPA Announces Fourth Update to Environmental Justice Mapping Tool: EJSCREEN 2.3
On July 9, 2024, the U.S. Environmental Protection Agency (EPA or Agency) announced a fourth update to its environmental justice (EJ) mapping and screening tool, EJSCREEN, under the Biden administration. EPA describes the tool as “a starting point for agency considerations of environmental justice” and generally uses the tool to identify areas that may have higher environmental burdens and inform several Agency functions, including permitting, enforcement, outreach, and compliance.
(more…)
Nicole E. Noëlliste
Washington, D.C.
nnoelliste@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Sophia E. Wallach
Century City
swallach@sidley.com
Jarkesy’s Potential Implications for EPA Administrative Proceedings
On June 27, 2024, the U.S. Supreme Court decided SEC v. Jarkesy,[1] holding that when the Securities and Exchange Commission (SEC) alleges a defendant has violated securities antifraud provisions and seeks civil penalties, the defendant is entitled to a jury trial in federal court under the Seventh Amendment. The ruling restricts the SEC’s use of its own in-house administrative tribunal with its own administrative law judges (ALJs), which the SEC has historically used to pursue antifraud claims. While the Court’s ruling focuses on the SEC, the principles underlying the decision may be applied more broadly to restrict the ability of other federal agencies, including the Environmental Protection Agency (EPA), to pursue civil penalties via their own administrative proceedings.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Jack Raffetto
Washington, D.C.
jraffetto@sidley.com
Timothy K. Webster
Washington, D.C.
twebster@sidley.com
Lauren E. DeCarlo
Chicago
lauren.decarlo@sidley.com
Environmental Law Implications of Loper Bright and the End of Chevron Deference
On Friday, June 28, 2024, the U.S. Supreme Court overruled Chevron v. NRDC in Loper Bright Enterprises v. Raimondo.[1] Although the Court’s decision to overturn Chevron was anticipated, Loper Bright nonetheless represents a paradigm shift because the Chevron doctrine had been a cornerstone of administrative law for 40 years.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Jack Raffetto
Washington, D.C.
jraffetto@sidley.com
Timothy K. Webster
Washington, D.C.
twebster@sidley.com
Jim Wedeking
Washington, D.C.
jwedeking@sidley.com
Riley Desper
Washington, D.C.
rdesper@sidley.com
U.S. Supreme Court Stays EPA Ozone Interstate Transport Rule
On Thursday, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court stayed an Environmental Protection Agency (EPA) rule that would have required the implementation of additional, significant emissions controls in power plants, pipelines, cement factories, glass factories, iron and steel mills, paper mills, and other industrial facilities across 23 states. The stay provides relief to those industries as they challenge various aspects of the rule in the U.S. Court of Appeals for the D.C. Circuit — challenges on which the Supreme Court found the states and industries were likely to succeed.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Eric D. McArthur
Washington, D.C.
emcarthur@sidley.com
Jeremy Rozansky
Washington, D.C.
jrozansky@sidley.com
Congress Passes ADVANCE Act to Facilitate U.S. Development of Advanced Nuclear Reactors
On June 18, 2024, the U.S. Senate passed the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act to accelerate the deployment of nuclear energy capacity, including by accelerating the licensing and creating new incentives for advanced nuclear reactor technologies, among them small modular reactors. The Senate introduced the ADVANCE Act in March 2023, and the House of Representatives passed the Fire Grants and Safety Act, which contains the ADVANCE Act, on May 8, 2024. Now that both houses have passed the Act, it will go to President Joe Biden for signature. Full text of the ADVANCE Act as passed by the Senate can be found here on page 4.
(more…)
Terence T. Healey
Boston
thealey@sidley.com
Brian A. Bradshaw
Houston
bbradshaw@sidley.com
Nicole E. Noëlliste
Washington, D.C.
nnoelliste@sidley.com
Aaron L. Flyer
Washington, D.C.
aflyer@sidley.com
Rob Abrams
Washington D.C.
rabrams@sidley.com
Vermont and New York Climate Acts are First in a Wave of Likely Climate Change Cost Recovery Laws
On May 30, 2024, Vermont’s Republican governor, Phil Scott, allowed Vermont’s S 259 — also referred to as the “Climate Superfund Act” — to become law without his signature. The stated goal of this law is to mitigate the impacts of climate change.
(more…)
Jack Raffetto
Washington, D.C.
jraffetto@sidley.com
Rose Quam-Wickham
Washington, D.C.
rquamwickham@sidley.com
Sophia E. Wallach
Century City
swallach@sidley.com
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