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Environmental and Energy Brief
Perspectives for the Environmental and Energy Community
EU Corporate Sustainability Reporting Directive — What Do UK- and U.S.- Headquartered Companies Need to Know?
Non–EU companies with a significant presence in the EU or with securities listed on an EU-regulated market will become subject to new EU rules on corporate sustainability disclosures (the Corporate Sustainability Reporting Directive, or CSRD). The text of the CSRD has now been agreed by the EU institutions.1 CSRD is expected to become EU law later this year. Once implemented into the national law of EU member states, its requirements will be phased in from 2024.
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Kolja Stehl
Leonard Ng
London
lng@sidley.com
Matt Feehily
Katie Chin
London
katie.chin@sidley.com
Fifth Circuit Says FERC Can’t Stop Rejection of Filed-Rate Contracts in Bankruptcy
On July 19, 2022, the U.S. Court of Appeals for the Fifth Circuit held that debtors in bankruptcy may reject regulated energy contracts, vacating two Federal Energy Regulatory Commission (FERC) orders to the contrary, in Gulfport Energy Corp. v. FERC. The question turned on how a party’s ability to reject executory contracts in bankruptcy interacts with FERC’s ability to determine whether a party can abrogate or modify contracts that constitute filed rates under a doctrine referred to as Mobile-Sierra. The court found that FERC cannot use its Natural Gas Act authority over contract abrogation and modification to countermand a debtor’s bankruptcy-law rights or the bankruptcy court’s powers.
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Keturah A. Brown
Washington, D.C.
kbrown@sidley.com
Emily P. Mallen
U.S. EPA Identifies Five PFAS Added to Toxic Release Inventory List, Four of Them Newly Required for Reporting by July 1, 2023
On July 18, 2022, the U.S. Environmental Protection Agency (EPA) issued a final rule updating the Toxics Release Inventory (TRI) to identify five per- and polyfluoroalkyl substances (PFAS) added to the TRI pursuant to the framework set by the National Defense Authorization Act for Fiscal Year 2020 (NDAA). (more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Allison H. In
D.C. Circuit Rejects Challenge to CERCLA Site Listing
On July 8, 2022, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) rejected a challenge to the listing of a groundwater contamination plume on the National Priorities List (NPL). The decision in Daikin Applied Americas, Inc. v. EPA reaffirms the difficulty that attends challenging NPL listings as well as the wide latitude Congress granted the Environmental Protection Agency (EPA) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to define the scope of Superfund sites during the listing process. (more…)
Jack Raffetto
Washington, D.C.
jraffetto@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Quarterly Review: Biden Administration’s Advancement of Environmental Justice
In the second quarter of 2022, the Biden administration took steps to implement the President’s whole-of-government environmental justice (EJ) strategy. Specifically, the U.S. Department of Justice (DOJ or the Department), U.S. Environmental Protection Agency (EPA or the Agency), and U.S. Department of Health & Human Services (DHHS) each announced initiatives to address EJ in a variety of agency functions. Additionally, the White House provided an update on funding available to disadvantaged communities. (more…)
Nicole E. Noëlliste
Washington, D.C.
nnoelliste@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Supreme Court Upends EPA’s Broad Claims of Climate Regulatory Authority
On Thursday, June 30, the U.S. Supreme Court released its decision in West Virginia v. EPA, holding that the Environmental Protection Agency (EPA) exceeded its statutory authority in adopting the Obama-era Clean Power Plan (CPP). The 6–3 decision may limit EPA’s ability to address greenhouse gas (GHG) emissions comprehensively. A summary of the Court’s reasoning is set out below, followed by four “key takeaways.” (more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Timothy K. Webster
Washington, D.C.
twebster@sidley.com
Caleb J. Bowers
Los Angeles
cbowers@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Brooklyn Hildebrandt
Los Angeles
bhildebrandt@sidley.com
Agencies Rescind Trump-Era Definition of “Habitat” Under Endangered Species Act
On Friday, June 24, the U.S. Fish and Wildlife Service and National Marine Fisheries Service issued a final rule rescinding the agencies’ regulatory definition of “habitat” previously promulgated by the Trump administration on December 16, 2020, for use in determining a “critical habitat” under the Endangered Species Act (Act). Under this prior definition, “habitat” included “the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support one or more life processes of a species.” (more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Aaron L. Flyer
Brooklyn Hildebrandt
Los Angeles
bhildebrandt@sidley.com
Electric Reliability Council of Texas’ Independent Market Monitor: Conservative Operating Posture Could Cost Consumers $1.5B
On June 22, 2022, the Electric Reliability Council of Texas (ERCOT) Independent Market Monitor director, Carrie Bivens, testified before the Texas House State Affairs Committee on the ERCOT market design, reporting that ERCOT’s “conservative” operating posture since Winter Storm Uri could add $1.5 billion to consumer bills in 2022. (more…)
Grace Dickson Gerbas
Dallas
gdicksongerbas@sidley.com
Emily P. Mallen
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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