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Environmental and Energy Brief
Perspectives for the Environmental and Energy Community
Environmental Groups Bring CEQA Challenges of CARB’s Amendments to the Low Carbon Fuel Standard
Earlier this week, two environmental groups sued the California Air Resources Board (“CARB”) for approving amendments (the “Amendments”) to the Low Carbon Fuel Standard (“LCFS”). CARB had voted to amend the LCFS on November 8, 2024, with the intent of lowering the carbon intensity of the fuel mix in California and encouraging the use of low-carbon transportation fuels. For more details on the LCFS Amendment changes, see Sidley’s Alert.
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Maureen F. Gorsen
Century City
maureen.gorsen@sidley.com
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Caleb J. Bowers
Los Angeles
cbowers@sidley.com
Sophia E. Wallach
Los Angeles
swallach@sidley.com
EPA Appeals Dismissal of Suit Against eBay
On November 26, 2024, the United States, on behalf of the U.S. Environmental Protection Agency (EPA), appealed a district court decision dismissing the government’s claims that eBay violated the Clean Air Act (CAA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Toxic Substances Control Act (TSCA).
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Joshua J. Fougere
Washington, D.C.
jfougere@sidley.com
Randi Singer
New York, Palo Alto
randi.singer@sidley.com
Hannah Posen
Chicago
hposen@sidley.com
California Kicks Off Special Legislative Session in Response to Presidential Election
On December 2, California lawmakers began a special legislative session, convened by Democratic Governor Newsom, aimed at bolstering state support for opposing the incoming U.S. presidential administration.
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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
EPA Publishes First-Of-Its-Kind Framework for Considering Cumulative Impacts Across Agency Actions
On November 21, 2024, the U.S. Environmental Protection Agency (EPA) published Notice of a newly developed draft framework intended to provide all EPA programs with a shared reference point for determining when and how to analyze or consider cumulative impacts—defined broadly to include the totality of exposures to combinations of environmental stressors and their effects on health and quality-of-life outcomes. Keeping pace with the Biden administration EPA’s environmental justice drive, key goals of the Interim Framework for Advancing Consideration of Cumulative Impacts include empowering EPA to (1) more fully and accurately characterize the realities communities face, (2) pinpoint the levers of decision making and identify opportunities for interventions that improve health and quality of life while advancing equity, and (3) increase meaningful engagement, improve transparency, and center actions on improving health and environmental conditions in communities.
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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
U.S. Nuclear Regulatory Commission Proposes New Licensing Framework for Advanced Reactors
Since the U.S. adoption of commercial nuclear power, large-scale commercial reactors — typically boiling or pressurized water designs — have been licensed under the provisions of 10 C.F.R. Part 50 (Part 50) and later 10 C.F.R. Part 52 (Part 52). Under these licensing approaches, license applicants submit construction and operating license permits in a multiyear process largely tailored to address the risks and controls necessary to operate bespoke, large-scale nuclear power plants at a specific site.
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Tara Higgins
New York
thiggins@sidley.com
Kenneth W. Irvin
Washington, D.C.
kirvin@sidley.com
Aaron L. Flyer
Nicole E. Noëlliste
Washington, D.C.
nnoelliste@sidley.com
U.S. EPA Removes Regulatory Affirmative Defense Provision Against Alleged Violations of Oil and Gas Facility NESHAPs
On October 22, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule removing an affirmative defense from Clean Air Act (CAA) National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations for the Oil and Natural Gas Production Facility and Natural Gas Transmission and Storage Facility Source Categories (Final Rule).[1] Prior to the Final Rule, owners or operators could assert an affirmative defense that alleged NESHAP standard violations were caused by an equipment malfunction.[2] A “malfunction” is defined as any sudden, infrequent, and not reasonably preventable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner.[3]
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Jim Wedeking
Washington, D.C.
jwedeking@sidley.com
Rose Quam-Wickham
Washington, D.C.
rquamwickham@sidley.com
U.S. EPA Power Plant Effluent Rule Allowed to Go Into Effect
On October 9, 2024, the Eighth Circuit refused to block new U.S. Environmental Protection Agency (EPA) wastewater limits for coal-fired power plants. In Southwestern Electric Power Co., et al v. EPA, et al, multiple states, trade groups, and utility companies challenged EPA’s May 2024 Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category (ELG Rule).
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Hannah Posen
Chicago
hposen@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
District of North Dakota Halts Bureau of Land Management’s Venting and Flaring Rule
On Thursday, September 12, 2024, Judge Daniel Traynor of the U.S. District Court for the District of North Dakota granted a preliminary injunction sought by North Dakota, Montana, Texas, Wyoming, and Utah (the States) to halt the April 2024 “Waste Prevention, Production Subject to Royalties, and Resource Conservation” rule from the Bureau of Land Management (BLM), which mandates that oil and gas well operators on federal land flare rather than vent excess methane gas. The April 2024 rule revised a 2016 BLM rule that the District of Wyoming vacated in 2020. The States raised a number of challenges to the April 2024 rule, arguing that it exceeded BLM’s statutory authority under, or violated, the Mineral Leasing Act, Federal Oil and Gas Royalty Management Act, Clean Air Act, and Federal Land Policy and Management Act and was otherwise arbitrary and capricious under the Administrative Procedure Act.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Jim Wedeking
Washington, D.C.
jwedeking@sidley.com
Aaron L. Flyer
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Sidley Partner Justin Savage to Co-Chair the 2025 Summit on EV Battery Supply Chain and Compliance
Sidley partner and Environmental practice co-leader Justin Savage will serve as co-chair for the upcoming Battery Supply Chain and Compliance Summit hosted by the American Conference Institute (ACI) on March 20, 2025 in Chicago, IL.
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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
Brooklyn Hildebrandt
bhildebrandt@sidley.com
Nicole E. Noëlliste
nnoelliste@sidley.com
Hannah Posen
hposen@sidley.com
Jack Raffetto
jraffetto@sidley.com