D.C. Circuit Denies Request to Stay Reconsideration of Lead and Copper Drinking Water Rule
On October 27, 2021, the U.S. Court of Appeals for the District of Columbia Circuit denied a motion filed by five Republican state attorneys general to stay EPA’s June 2021 rule delaying the effective date of the Lead and Copper Drinking Water Rule promulgated under the Trump administration until December 16, 2021, thereby extended the compliance deadline for the rule by 10 months to October 2024. (more…)
EPA Issues Final Rule to Reduce Hydroflurocarbons
On Friday, September 23, 2021, the U.S. Environmental Protection Agency (EPA) issued the final rule to reduce the use of hydrofluorocarbons (HFCs) by 85% by 2036. The rule sets baselines for HFC production and consumption from which reductions can be measured and establishes a compliance and enforcement program. In addition to announcing the final rule, EPA also announced an interagency task force with the U.S. Department of Homeland Security to prevent the illegal import and trade of HFCs. (more…)
EPA Rescinds Trump-Era Cost-Benefit Rule
On May 14, 2021, the U.S. Environmental Protection Agency (EPA) rescinded a rule issued during the Trump administration that changed how EPA calculated and presented the costs and benefits of rules under the Clean Air Act (CAA). Advanced on the ground of providing greater transparency, the rule had required EPA to determine the benefits that a new regulation provided directly, while separately valuing the “co-benefits” that would accrue by reducing other pollutants not covered by the new regulation. Industry had argued that EPA regulations should be based solely on the value of reducing the emissions it was authorized to regulate — while opponents argued the rule would ignore obvious benefits and justify weakening regulation.
EPA Finalizes Cross-State Air Pollution Rule
On March 15, 2021, the U.S. Environmental Protection Agency (EPA or the Agency) published a final rule, pursuant to the good-neighbor provision of the Clean Air Act, which directs EPA and states to address interstate transport of air pollution that affects downwind states’ ability to attain and maintain compliance with the 2008 National Ambient Air Quality Standard (NAAQS) for ozone. As we explained previously, the Revised Cross-State Air Pollution Rule (CSAPR) Update is EPA’s rulemaking in response to the U.S. Court of Appeals for the D.C. Circuit’s decision in Wisconsin v. EPA, in which the court remanded an earlier EPA CSAPR update rule. (more…)
Biden Executive Order Implements Sweeping Climate Change Policy; Industry Group Challenges Pause on New Oil and Gas Leases
As Sidley previously reported, President Joe Biden issued an executive order (EO) on January 27 stating that “climate considerations shall be an essential element of United States foreign policy and national security.” The EO places environmental justice at the center of the wide-reaching climate plan, which creates a number of new positions and task forces intended to ensure climate change is being addressed by all parts of the federal government.
EPA Issues Clean Air Act Cost-Benefit Rule
On December 9, the U.S. Environmental Protection Agency (EPA) finalized its Clean Air Act (CAA) cost-benefit rule. The procedural rule sets requirements for evaluating the benefits and costs of regulatory decisions, which EPA believes is necessary to ensure transparency and consistency in the rulemaking process. The main requirements are as follows: 1) EPA must prepare a benefit-cost analysis (BCA) for all significant proposed and final regulations under the CAA; 2) BCAs are developed in accordance with best practices from the economic, engineering, physical, and biological sciences; and 3) EPA must increase transparency in the presentation of the benefits and costs resulting from significant CAA regulations. (more…)