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
U.S. EPA Announces New National Primary Drinking Water Regulations for PFAS
On April 10, 2024, the U.S. Environmental Protection Agency (EPA) announced the first-ever legally enforceable drinking water standards for per- and polyfluoroalkyl substances (PFAS). PFAS are a group of thousands of manmade chemicals that have been manufactured and used globally since the 1940s. They are commonly found in textiles, cookware, packaging, plastics, and firefighting foams. PFAS are typically very persistent in the environment and in the human body, meaning that they do not break down and can accumulate over long periods of time. For that reason, they are often called “forever chemicals.” This action is the most recent step in the EPA’s October 2021 “PFAS Strategic Roadmap,” a report establishing action items to address PFAS contamination and timelines for their completion.
(more…)
Greta T. Carlson
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
J. Simone Jones
Washington, D.C.
jsimone.jones@sidley.com
U.S. Nuclear Regulatory Commission Progresses Efforts to License Advanced Reactors
The U.S. Nuclear Regulatory Commission (NRC or Agency) continues to progress the Agency’s efforts to license commercial advanced reactors under two parallel paths. The Agency is reviewing applications for licensing of advanced reactors under the existing regulatory framework (10 CFR Part 50 and 10 CFR Part 52) while developing a “risk-informed” and “technology-inclusive” regulatory framework for advanced reactor technologies and designs — 10 CFR Part 53.
(more…)
Byron F. Taylor
Chicago
btaylor@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Nicole E. Noëlliste
Washington, D.C.
nnoelliste@sidley.com
Aaron L. Flyer
Washington, D.C.
aflyer@sidley.com
U.S. Fish and Wildlife Service Finalizes Changes to Voluntary Endangered Species Act Programs and Related Permitting Process
On Friday, April 12, 2024, the U.S. Fish and Wildlife Service (the Service) issued a Final Rule making changes to 50 CFR part 13 to clarify and expedite the process for issuing enhancement of survival permits and incidental take permits pursuant to Section 10(a)(1)(A) and (B), respectively, of the Endangered Species Act. The regulatory changes are intended to provide the Service greater flexibility in implementing the permitting process and generate greater conservation results by encouraging additional engagement in voluntary programs associated with these permits, including safe harbor agreements (SHAs), candidate conservation agreements with assurances (CCAAs), and habitat conservation plans (HCPs).
(more…)
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Brooklyn Hildebrandt
Los Angeles
bhildebrandt@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
U.S. Securities and Exchange Commission Stays Climate Disclosure Rule
On Thursday, April 4, 2024, the U.S. Securities and Exchange Commission (the Commission or SEC) issued an order staying its March 6, 2024, Final Rules — The Enhancement and Standardization of Climate-Related Disclosures for Investors, Rel. Nos. 33-11275, 34-99678 (Mar. 6, 2024), 89 Fed. Reg. 21,668 (Mar. 28, 2024). As discussed in detail in Sidley’s March 12, 2024, alert here, the Final Rules require domestic and foreign registrants to include extensive climate-related information in public securities filings.
(more…)
Sonia Gupta Barros
Washington, D.C.
sbarros@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Heather M. Palmer
Houston
hpalmer@sidley.com
Aaron L. Flyer
Washington, D.C.
aflyer@sidley.com
U.S. Federal Courts Vacate Federal Highway Administration Greenhouse Gas Rule
On Tuesday, April 2, 2024, in Commonwealth of Kentucky v. Federal Highway Administration¸ No. 23-162 (W.D. Ky.), the U.S. District Court for the Western District of Kentucky vacated the Federal Highway Administration December 2023 Greenhouse Gas Rule (see our prior blog post here for a more detailed summary of the Rule). That rule, proposed in July 2022 and modeled off of a rule proposed by the Obama administration in 2017 but repealed by the Trump administration before it could take effect, sought to require each state to set declining targets for tailpipe carbon dioxide emissions from vehicles on the National Highway System. Tuesday’s ruling follows a similar one from the U.S. District Court for the Northern District of Texas on March 28, 2024, in State of Texas v. U.S. Dep’t of Trans. No. 23-304 (N.D. Tex.) that purported to vacate the rule nationwide.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Aaron L. Flyer
Washington, D.C.
aflyer@sidley.com
Endangered Species Act Regulation Revisions
On March 28, 2024, the U.S. Department of the Interior Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration National Marine Fisheries Service (NMFS) finalized three rules that increase Endangered Species Act (ESA) protections for plants and animals. The rules, which had been rescinded or changed under the Trump administration, focus on increasing protections for threatened species under the 4(d) blanket rule, increasing the processes for listing species, restoring habitat protections and designating of critical habitat, and increasing cooperation with other federal agencies. The services received approximately 468,000 public comments collectively across the three rules.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Sophia E. Wallach
Century City
swallach@sidley.com
The Newest Phase of EPA’s Greenhouse Gas Emissions Standards: Phase 3
On March 29, 2024, the U.S. Environmental Protection Agency (EPA) announced its most recent national greenhouse gas (GHG) pollution standards for heavy-duty (HD) vehicles, including HD vocational vehicles and tractors. The rule establishes new CO2 emission standards for model year (MY) 2032 and later HD vehicles, with more stringent CO2 standards phasing in as early as MY 2027 for certain vehicle categories.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Justin A. Savage
Washington, D.C.
jsavage@sidley.com
Aaron L. Flyer
Washington, D.C.
aflyer@sidley.com
Sophia E. Wallach
Century City
swallach@sidley.com
Fifth Circuit Limits EPA’s Attempts to Regulate PFAS Under Toxic Substances Control Act in Inhance Technologies v. EPA
On March 21, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated two U.S. Environmental Protection Agency (EPA) orders under Section 5 of the Toxic Substances Control Act (TSCA), holding that EPA had exceeded its statutory authority when it issued the orders in an attempt to regulate the manufacture of per- and polyfluorinated substances (PFAS) by petitioner Inhance Technologies, LLC (Inhance). The Fifth Circuit’s decision comes after EPA’s Office of Enforcement and Compliance Assurance announced its National Enforcement and Compliance Initiatives for Fiscal Years 2024 – 2027, which involve increased emphasis on addressing PFAS exposure and contamination through enforcement actions and potential additional regulations.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Andrew R. Stewart
Washington, D.C.
satewart@sidley.com
Rose Quam-Wickham
Washington, D.C.
rquamwickham@sidley.com
Riley Desper
Washington, D.C.
rdesper@sidley.com
Archives
Categories
Upcoming Events
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
bhildebrandt@sidley.com
Nicole E. Noëlliste
nnoelliste@sidley.com
Hannah Posen
hposen@sidley.com
Jack Raffetto
jraffetto@sidley.com