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 13:26:522025-09-29 11:53:20Environmental 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 11:37:302025-09-29 11:54:29U.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 12:14:012025-09-29 11:55:06Vermont and New York Climate Acts are First in a Wave of Likely Climate Change Cost Recovery Laws
On Friday, June 7, 2024, the U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA) finalized its corporate average fuel economy (CAFE) standards for model years (MY) 2027 through 2032 passenger cars and light-duty trucks. The standards will push automakers to increase fleetwide fuel economy by approximately 2% each year, which is less aggressive than the 4% increase for light-duty trucks considered in NHTSA’s July 2023 proposed rule. Taken together, NHTSA predicts that the fleetwide average fuel economy across the industry will reach 50.4 miles per gallon by 2031, while increased upfront vehicle costs would offset lifetime fuel savings over time.
https://environmentalenergybrief.sidley.com/wp-content/uploads/sites/4/2024/06/AdobeStock_156342908.jpg386600Samuel B. Boxermanhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSamuel B. Boxerman2024-06-11 12:22:032025-09-30 12:20:24National Highway Traffic Safety Administration Finalizes Next Set of Corporate Average Fuel Economy Standards
On May 29, 2024, the Biden administration announced the creation of a Nuclear Power Project Management and Delivery working group (Working Group), which is intended to accelerate the deployment of cost-effective nuclear reactor technology. The Working Group will include members of the White House and the U.S. Department of Energy (DOE) as well as other stakeholders, including project developers, engineering, procurement, and construction firms, utilities, investors, labor organizations, academics, and nongovernmental organizations.
https://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Sophia E. Wallachhttps://goodlifesci.sidley.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSophia E. Wallach2024-06-06 16:09:302025-09-30 12:20:42White House Releases Plan to Advance Nuclear Reactor Technologies
On May 21, 2024, 20 states filed a lawsuit in the U.S. District Court for the District of North Dakota against the White House Council on Environmental Quality (CEQ) to block its Phase 2 National Environmental Policy Act (NEPA) rulemaking.
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. Boxerman2024-05-28 16:22:592025-09-30 12:21:02Twenty States Sue Biden Administration Over NEPA Phase 2 Revisions
On May 13, 2024, 17 states filed a complaint in the U.S. District Court for the Eastern District of California challenging California’s Advanced Clean Fleets (ACF) regulation.
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. Boxerman2024-05-23 10:35:182025-09-30 12:21:2017 States File Complaint Challenging Constitutionality of California’s Advanced Clean Fleets Regulation
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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.
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
Rob Abrams
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
National Highway Traffic Safety Administration Finalizes Next Set of Corporate Average Fuel Economy Standards
On Friday, June 7, 2024, the U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA) finalized its corporate average fuel economy (CAFE) standards for model years (MY) 2027 through 2032 passenger cars and light-duty trucks. The standards will push automakers to increase fleetwide fuel economy by approximately 2% each year, which is less aggressive than the 4% increase for light-duty trucks considered in NHTSA’s July 2023 proposed rule. Taken together, NHTSA predicts that the fleetwide average fuel economy across the industry will reach 50.4 miles per gallon by 2031, while increased upfront vehicle costs would offset lifetime fuel savings over time.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Aaron L. Flyer
White House Releases Plan to Advance Nuclear Reactor Technologies
On May 29, 2024, the Biden administration announced the creation of a Nuclear Power Project Management and Delivery working group (Working Group), which is intended to accelerate the deployment of cost-effective nuclear reactor technology. The Working Group will include members of the White House and the U.S. Department of Energy (DOE) as well as other stakeholders, including project developers, engineering, procurement, and construction firms, utilities, investors, labor organizations, academics, and nongovernmental organizations.
(more…)
Sophia E. Wallach
Nicole E. Noëlliste
Washington, D.C.
nnoelliste@sidley.com
Aaron L. Flyer
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Twenty States Sue Biden Administration Over NEPA Phase 2 Revisions
On May 21, 2024, 20 states filed a lawsuit in the U.S. District Court for the District of North Dakota against the White House Council on Environmental Quality (CEQ) to block its Phase 2 National Environmental Policy Act (NEPA) rulemaking.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Rob Abrams
17 States File Complaint Challenging Constitutionality of California’s Advanced Clean Fleets Regulation
On May 13, 2024, 17 states filed a complaint in the U.S. District Court for the Eastern District of California challenging California’s Advanced Clean Fleets (ACF) regulation.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Caleb J. Bowers
Los Angeles
cbowers@sidley.com
Aaron L. Flyer
Riley Desper
Washington, D.C.
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