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The Energy and Infrastructure Pulse
Leading the Way
on Energy and Infrastructure Key Cases, Rules, and Developments
EPA Updates Clean Air Act Standards Applicable to Small Waste Incinerators
On June 30, 2025, the U.S. Environmental Protection Agency (EPA) finalized updates to its New Source Performance Standards (NSPS) and Emission Guidelines for Other Solid Waste Incineration (OSWI) units under the Clean Air Act (CAA). These units — combustion systems that incinerate solid waste from commercial or institutional sources not otherwise regulated under specific incinerator categories — include very small municipal waste combustors and institutional incinerators. The final rule includes applicability-related and definitional changes expanding the class of incinerators subject to NSPS, revises the OSWI subcategories and tightens emission limits for key pollutants. It also adopts changes to startup, shutdown, and malfunction (SSM), and expands testing, monitoring, reporting, and recordkeeping requirements that will affect both existing and new OSWI units.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Brooklyn Hildebrandt
Los Angeles
bhildebrandt@sidley.com
FERC Accelerates Natural Gas Infrastructure Expansion Through Key Waivers and Rulemaking
On January 20, 2025, President Donald J. Trump issued Executive Order No. 14156, Declaring a National Energy Emergency, which directed federal agencies to “identify and use all relevant lawful emergency and other authorities available to them to expedite the completion of all authorized and appropriated infrastructure [and] energy . . . projects.” On June 18, 2025, in alignment with this Executive Order and in response to two petitions filed by the Interstate Natural Gas Association of America (“INGAA”), the U.S. Federal Energy Regulatory Commission (“FERC”) advanced a package of regulatory actions aimed at accelerating the development of natural gas infrastructure.
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Kenneth W. Irvin
Washington, D.C.
kirvin@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Nicole E. Noëlliste
Washington, D.C.
nnoelliste@sidley.com
Grace Dickson Gerbas
Dallas
gdicksongerbas@sidley.com
Zev N. Falik
New York
zev.falik@sidley.com
U.S. Army Corps of Engineers Proposes to Reissue and Modify Nationwide Permits
On June 18, the U.S. Army Corps of Engineers (Corps) published a Notice of Proposed Rulemaking that would reissue 56 of its existing Nationwide Permits (NWPs), introduce one new NWP, and make targeted modifications to the scope of certain NWPs and their terms. Key updates include a new NWP for fish passage improvements and changes to reflect recent litigation outcomes — including rescinding Florida’s program authorization and the NWPs for finfish and (in part) shellfish mariculture activities — as well as clarifying the trigger for state water quality certification under Section 401. The Corps also proposes, among other changes, an express prohibition on combining acreage limits when using more than one NWP to purportedly authorize a greater impact, and requiring restoration of areas affected by construction mats.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Caleb J. Bowers
Los Angeles
cbowers@sidley.com
Supreme Court Issues Split Rulings on Clean Air Act Venue Disputes
On June 18, 2025, the U.S. Supreme Court issued decisions in two significant Clean Air Act cases — EPA v. Calumet Shreveport Refining and Oklahoma v. EPA — clarifying the appropriate venue for legal challenges to certain final EPA actions. In Calumet, the Court held that EPA’s universal denials of small-refinery-exemption (SRE) petitions under the Renewable Fuel Standard program were “based on a determination of nationwide scope or effect,” and thus challenges may only be brought in the D.C. Circuit Court of Appeals. By contrast, the Court in Oklahoma held that challenges to EPA’s disapproval of State Implementation Plans (SIPs) belong in the applicable regional circuit courts because the agency’s determinations were based on facts and rationales unique to each state. Although some gray areas remain, the twin decisions put several long-standing venue issues to rest and should encourage quicker resolution of Clean Air Act regulatory challenges.
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Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Timothy K. Webster
Washington, D.C.
twebster@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Justin A. Savage
Washington, D.C.
jsavage@sidley.com
Leena Dai
Washington, D.C.
leena.dai@sidley.com
EPA Proposes to Rescind Two Biden-EPA Fossil Fuel-Fired Power Plant Rules
On June 11, the EPA proposed two Clean Air Act (CAA) rules that would affect fossil-fuel fired electric generating units (EGUs). One rule would repeal greenhouse gas (GHG) standards under Section 111 and the second would repeal the 2024 EPA amendments to the mercury and air toxics (MATS) standards. The proposed rules are a part of the current administration’s stated goal to promote U.S. energy by reducing regulation of the power sector. The EPA estimates that, together, the two rules will save more than $1.3 billion in regulatory costs per year. Here are five key takeaways from these proposals.
Byron F. Taylor
Chicago
btaylor@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Hannah Posen
Chicago
hposen@sidley.com
Abigail Kuchnir
Chicago
abigail.kuchnir@sidley.com
Department of Transportation Announces a Streamlined Regulatory Exemption Process for Autonomous Vehicles
On June 13, the U.S. Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) announced changes to the process for exempting autonomous vehicle companies from the Federal Motor Vehicle Safety Standards (FMVSS) under 49 C.F.R. Part 555. Part 555 offers an important route for the sale and deployment of innovative autonomous vehicles. The recent announcement evidences a desire to speed up agency decisions on Part 555 exemptions, though the application process will continue to be a substantial undertaking.
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Adam M. Raviv
Washington, D.C.
adam.raviv@sidley.com
Proactive Risk Management in the Face of Opposition to Data Centers and Crypto Mining
The rapid growth of artificial intelligence (AI), cloud computing, and cryptocurrency continues to drive unprecedented U.S. demand for energy. This acceleration is encountering an increasingly organized wave of opposition, particularly to the siting of electric generation assets required to operate data centers and crypto mining facilities. A new report from the Environmental Integrity Project (EIP), A Pollution Footprint the Size of Texas, sharply criticizes the permitting of new natural gas power plants in Texas — many of which are being built for proposed to power data centers and crypto mines.
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Justin A. Savage
Washington, D.C.
jsavage@sidley.com
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Caleb J. Bowers
Los Angeles
cbowers@sidley.com
Department of Energy Blocks Shutdown of Coal-Fired Power Plant and Oil- and Gas-Fired Generator Units With Federal Emergency Orders
On May 23, 2025 and May 30, 2025, the Department of Energy (DOE) issued two emergency orders under its Federal Power Act (FPA) Section 202(c) authority effectively delaying the closure of two power plants. DOE Order No. 202-25-3 (hereinafter, the Campbell Order) requires the Midcontinent Independent System Operator (MISO) and Consumers Energy to “take all measures necessary” to ensure that the 1,560 MW coal-fired J.H. Campbell Power Plant (Campbell Plant) in West Olive, Michigan — originally slated for retirement on May 31, 2025 — is “available to operate” until the expiration of the order on August 21, 2025. DOE Order No. 202-25-4 (hereinafter, the Eddystone Order) similarly requires PJM Interconnection (PJM) and Constellation Energy to keep 760 MW of oil- and gas-fired peaking capacity — also set to retire on May 31, 2025 — at the Eddystone Generation Station (Eddystone Station) in Pennsylvania available until August 28, 2025. There is also the potential of extensions of these expiration dates.
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Kenneth W. Irvin
Washington, D.C.
kirvin@sidley.com
Christopher J. Polito
Riley Desper
Washington, D.C.
Priya Kareddy
Washington, D.C.
priya.kareddy@sidley.com
Resources
Meet the Team
Cliff W. Vrielink
cvrielink@sidley.com
Kenneth W. Irvin
kirvin@sidley.com
Tara Higgins
thiggins@sidley.com
Herschel T. Hamner III
hmamner@sidley.com
James MacArthur
james.macarthur@sidley.com
Raymond A. Atkins Ph.D.
ratkins@sidley.com
Kevin P. Lewis
klewis@sidley.com