March 2025 | Environmental and Energy Brief

Mar 272025

Presidential Exemption for Certain Stationary Sources of Air Pollution

Air Pollution, Clean Air Act, EPA, Executive Order, Facilities, Presidential Exemption, Stationary Source

Samuel B. Boxerman, Byron F. Taylor and Sophia E. Wallach

The Environmental Protection Agency (EPA) has opened an electronic mailbox to allow regulated sources to request a Presidential Exemption under section 112(i)(4) of the Clean Air Act (CAA) from nine National Emission Standards for Hazardous Air Pollutants (NESHAPs) that EPA is reconsidering (see table below) across the energy, manufacturing, and chemical sectors.

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President Trump’s Executive Order Seeks to Initiate Immediate Measures to Increase American Mineral Production

Administrative Law, Agency Guidance, Critical Minerals, Defense Production Act, Investment, Land Use, Minerals, Mining, Office of Budget and Management, Permitting, Regulatory Oversight, Trump Administration, White House

Samuel B. Boxerman, Peter Whitfield and Sophia E. Wallach

On March 20, 2025, President Donald J. Trump issued an executive order (the Order) directing the Department of Defense, the Department of Energy, and other agencies involved in the financing and permitting process for domestic mining production to develop plans and take specific steps to enhance domestic mineral production in the United States (the U.S.).

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New York, New England ISOs File Tariff Amendments at FERC to Allow Them to Collect Import Duties on Canadian Electricity — But Only If the Feds Say So

Electricity, Energy, FERC, Tariff

Matthew B. Cahill, Kenneth W. Irvin, Terence T. Healey and Christopher J. Polito

On February 28, 2025, the New York Independent System Operator, Inc. (“NYISO”) and ISO New England (“ISONE”) separately submitted requests to the Federal Energy Regulatory Commission (“FERC”) for expedited action on amendments to their FERC-approved tariffs that would allow them to recover the costs of any duties, tariffs, or taxes imposed on them by a federal agency on the import of electricity from Canada into their respective service territories.

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