We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok
Environmental and Energy Brief
Perspectives for the Environmental and Energy Community
EPA Announces Enforcement Actions to Control Hydrofluorocarbon Imports
On March 2, 2023, the U.S. Environmental Protection Agency (EPA or Agency) announced several enforcement actions that support reducing the use of hydrofluorocarbons (HFCs). These actions include the following:
(more…)
Rob Abrams
Washington D.C.
rabrams@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Hannah Posen
Chicago
hposen@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Biden Administration Unveils New Cybersecurity Strategy, Emphasizes Grid Security
On March 2, 2023, the Biden administration unveiled a new National Cybersecurity Strategy that includes various initiatives to protect U.S. energy infrastructure from attacks. The White House strategy comes on the heels of several high-profile attacks on U.S. substations and at a time when federal regulators have placed increased focus on the security of the U.S. energy grid.
(more…)
Karl Pielmeier III
Sarah Tucker
Washington, D.C.
stucker@sidley.com
D.C. Circuit Upholds U.S. EPA’s 2021 Interstate Ozone Transport Rule
On March 3, 2023, the D.C. Circuit Court of Appeals rejected an industry challenge to the April 2021 Revised Cross-State Air Pollution Rule (CSAPR) Update Rule from the Environmental Protection Agency (EPA or Agency), which required power plants in 12 “upwind” states to reduce nitrogen oxide (NOx), an ozone precursor, emissions such that those states did not inhibit downwind states’ ability to comply with the 2008 Ozone National Ambient Air Quality Standard (NAAQS).
(more…)
Rob Abrams
Washington D.C.
rabrams@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
James R. Bieke
Washington D.C.
jbieke@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
White House Solicits Comments on Recommendations for Increased Public Engagement in Federal Rulemaking
On Tuesday, February 7, 2023, the Office of Information and Regulatory Affairs (OIRA) within the White House Office of Management and Budget issued a set of recommendations for broadening public engagement in the federal regulatory process and invited public input on the recommendations through March 10, 2023. The recommendations were developed in response to a commitment to support greater public engagement in the rulemaking process included in the Fifth U.S. Open Government National Action Plan released December 2022. OIRA stated that the recommendations were informed by written submissions and a public engagement session held in November 2022. Thus, OIRA’s solicitation for public input on the recommendations provides a unique opportunity for stakeholders to potentially shape future federal regulatory reform actions.
(more…)
Rob Abrams
Washington D.C.
rabrams@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Andrew R. Stewart
Washington, D.C.
satewart@sidley.com
The Enforcement Angle: DOJ’s Environment & Natural Resources Division
The United States has an intricate system of laws, regulations, policies, and programs to respond to environmental and public health concerns. Enforcement is vital to that system’s effectiveness. The U.S. Department of Justice’s Environment & Natural Resources Division (ENRD) is tasked with enforcing the United States’ civil and criminal environmental laws, including the Clean Air Act, Clean Water Act, and hazardous waste laws. Their mission also involves the protection of the Nation’s natural resources and handling cases relating to tribal rights and resources.
(more…)
Justin A. Savage
Washington, D.C.
jsavage@sidley.com
Nicole E. Noëlliste
Washington, D.C.
nnoelliste@sidley.com
Companies With Environmental-Related Concerns Should Pay Attention to DOJ’s Voluntary Self-Disclosure Policy
On February 22, 2023, the U.S. Department of Justice (DOJ) announced the formalization of its voluntary self-disclosure policy for corporate criminal enforcement (VSD Policy) for all U.S. Attorney’s Offices (USAO). The VSD Policy details the circumstances under which a disclosure will qualify as a voluntary self-disclosure under the policy and, in turn, provides incentives to companies to make eligible self-disclosures. One such incentive — provided that the company makes an eligible self-disclosure, fully cooperates, and timely and appropriately remediates the criminal conduct — is that the USAO will not seek a guilty plea unless there are aggravating factors present. This is the first time DOJ has issued nationwide standards for voluntary self-disclosures for corporate criminal enforcement.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Rose Quam-Wickham
Washington, D.C.
rquamwickham@sidley.com
DOE Announces Over $4B in Energy Transition Project Tax Credit and Grant Programs
The U.S. Department of Energy (DOE), alongside the Internal Revenue Service (IRS) and Department of the Treasury, has announced plans to implement programs funded by the Inflation Reduction Act and the Bipartisan Infrastructure Law: the Low-Income Communities Bonus Credit Program (48(e)), the Qualifying Advanced Energy Project Credit (48C)), and the Advanced Energy Manufacturing and Recycling Grant Program. Together, these programs will make available more than $4 billion in federal tax credits and grants for energy transition projects in an effort to “accelerate domestic clean energy manufacturing and ensure traditionally underserved communities benefit from clean energy technologies.”
(more…)
Curtis Hart
Washington, D.C.
chart@sidley.com
Sarah Tucker
Washington, D.C.
stucker@sidley.com
California Agency Releases Roadmap for Phaseout of High-Risk Pesticides
The California Department of Pesticides Regulation (DPR) recently released a “roadmap” for the state to fulfill two key goals by 2050: transition to sustainable pesticide management (SPM) and elimination of the use of “high-risk” pesticides. While the roadmap is aspirational and does not provide specific rules at this time, the roadmap goals were developed by a multiagency workgroup in coordination with various stakeholders. It is expected that proposed rules will be forthcoming from DPR and other state agencies as these agencies move toward achieving the roadmap goals.
(more…)
Caleb J. Bowers
Los Angeles
cbowers@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Maureen F. Gorsen
Century City
maureen.gorsen@sidley.com
Andrew R. Stewart
Washington, D.C.
satewart@sidley.com
Archives
Categories
Upcoming Events
Fireside Chat With White House Council on Environmental Quality Chair Brenda Mallory
Resources
Meet The Team
Samuel B. Boxerman
sboxerman@sidley.com
Keturah A. Brown
keturah.brown@sidley.com
Grace Dickson Gerbas
gdicksongerbas@sidley.com
Terence T. Healey
thealey@sidley.com
Kenneth W. Irvin
kirvin@sidley.com
Christopher J. Polito
cpolito@sidley.com
Casey Khan
ckhan@sidley.com
Michael L. Lisak
mlisak@sidley.com
Brittany A. Bolen
bbolen@sidley.com
Aaron L. Flyer
aflyer@sidley.com
Brooklyn Hildebrandt
ahildebrandt@sidley.com
Nicole E. Noëlliste
nnoelliste@sidley.com
Hannah Posen
hposen@sidley.com
Jack Raffetto
jraffetto@sidley.com