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Environmental and Energy Brief
Perspectives for the Environmental and Energy Community
U.S. Environmental Protection Agency Extends PFAS Reporting Rule Submission Period
On Monday, May 12, 2025, the U.S. Environmental Protection Agency (EPA) announced an interim final rule to extend the reporting period for the EPA’s rule requiring data submission on per- and polyfluoroalkylated substances (PFAS Reporting Rule).
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Riley Desper
Washington, D.C.
rdesper@sidley.com
U.S. Environmental Protection Agency Announces New PFAS Action Plan
On April 28, 2025, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the Agency’s plan to address per- and polyfluoroalkyl substances (PFAS) during the second Trump Administration. PFAS are manmade chemicals—of which there are thousands—commonly found in textiles, cookware, packaging, plastics, and firefighting foams. These “forever chemicals” are persistent in the environment and human body, as they do not break down and can accumulate over long periods of time. EPA’s outlined action plan calls upon its investigatory, regulatory, and enforcement powers under various statutes, including the Toxic Substances Control Act (TSCA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA), Resource Conservation and Recovery Act (RCRA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Riley Desper
Washington, D.C.
rdesper@sidley.com
Department of the Interior Accelerates Permitting for Oil and Gas, Adopts 28-Day Mandate
In response to the Trump administration’s push to increase U.S. energy output by declaring a national energy emergency, the Department of the Interior (the Interior) has released plans to aid the administration’s goals. These include the Interior’s Emergency Permitting Procedures intended to accelerate and streamline review and approval of certain energy projects, primarily oil and gas. Bypassing formal rulemaking, the Interior cites its authority during emergencies to implement “alternative processes” to comply with the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the Endangered Species Act (ESA). The alternative processes are available to current and future applicants so long as they affirm in writing to the Interior that they qualify for and want to avail themselves of the expedited processes.
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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
NHTSA Announces New Policies to Promote Autonomous Vehicles
On April 24, 2025, the Department of Transportation announced the new Automated Vehicle (AV) Framework from the National Highway Traffic Safety Administration (NHTSA). The announcement, which was accompanied by a video from the Secretary of Transportation, included two new policy developments. First, NHTSA released a Third Amended version of its Standing General Order on Automated Driving Systems (ADS) and Advanced Driver Assistance Systems (ADAS). Second, NHTSA announced that it would expand its exemption program for autonomous vehicles that do not fully comply with NHTSA’s Federal Motor Vehicle Safety Standards. This update discusses both developments and their broader implications.
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Adam M. Raviv
Washington, D.C.
adam.raviv@sidley.com
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
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Samuel B. Boxerman
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