On January 20, 2025, President Trump began his second term with the signing of 26 executive orders (EOs), which included the recission of almost 80 EOs of the previous administration. Trump’s orders contain both repeals of key Biden Administration policies and calls to agency action to reassess treatment of major environmental issues associated with motor vehicles, energy development, and climate change. Here are the top five actions to know from President Trump’s first day as the new administration begins its reshaping of U.S. environmental policy for his second term in office.
https://sidley-goodlifesci-wordpress.onistaged.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Sidley Multisitehttps://sidley-goodlifesci-wordpress.onistaged.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSidley Multisite2025-01-21 20:54:062025-01-21 20:54:06Top 5 Environmental Actions You Should Know from President Trump’s First Day
On January 13, 2025, the federal government withdrew a proposed rule that would have required government contractors to publicly disclose their greenhouse gas (GHG) emissions and set emissions reduction goals. The withdrawal comes on the eve of the transition to the second Trump administration, which is expected to take a very different approach to climate regulation and disclosure than has been advanced during the Biden administration.
https://sidley-goodlifesci-wordpress.onistaged.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.png00Sidley Multisitehttps://sidley-goodlifesci-wordpress.onistaged.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSidley Multisite2025-01-16 16:25:012025-01-16 16:25:01Federal Government Withdraws Proposed Climate Disclosure Requirements for Federal Contractors
On Thursday, December 26, 2024, New York Governor Kathy Hochul signed into law the second-in-the-nation Climate Change Superfund Act (the “Act”). The Act had first passed the New York legislature in June 2024, shortly after Vermont’s Climate Superfund Act became law. See, Sidley Update.
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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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.
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.
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]
https://energyinfrastructurepulse.sidley.com/wp-content/uploads/sites/7/2025/11/MN-18268-Updated-Environmental-and-Energy-Brief-Blog-PIPELINE-A-1.jpg606833Sidley Multisitehttps://sidley-goodlifesci-wordpress.onistaged.com/wp-content/uploads/sites/6/2022/03/sidleyLogo-e1643922598198.pngSidley Multisite2024-10-29 15:04:462024-10-29 15:04:46U.S. EPA Removes Regulatory Affirmative Defense Provision Against Alleged Violations of Oil and Gas Facility NESHAPs
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Top 5 Environmental Actions You Should Know from President Trump’s First Day
On January 20, 2025, President Trump began his second term with the signing of 26 executive orders (EOs), which included the recission of almost 80 EOs of the previous administration. Trump’s orders contain both repeals of key Biden Administration policies and calls to agency action to reassess treatment of major environmental issues associated with motor vehicles, energy development, and climate change. Here are the top five actions to know from President Trump’s first day as the new administration begins its reshaping of U.S. environmental policy for his second term in office.
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Justin A. Savage
Washington, D.C.
jsavage@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Mackenzi J.S. Ehrett
Washington, D.C.
mehrett@sidley.com
Riley Desper
Washington, D.C.
rdesper@sidley.com
Federal Government Withdraws Proposed Climate Disclosure Requirements for Federal Contractors
On January 13, 2025, the federal government withdrew a proposed rule that would have required government contractors to publicly disclose their greenhouse gas (GHG) emissions and set emissions reduction goals. The withdrawal comes on the eve of the transition to the second Trump administration, which is expected to take a very different approach to climate regulation and disclosure than has been advanced during the Biden administration.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Heather M. Palmer
Houston
hpalmer@sidley.com
Howard J. Stanislawski
Washington, D.C.
hstanislawski@sidley.com
Riley Desper
Washington, D.C.
rdesper@sidley.com
New York Passes Second-in-the-Nation Climate Change Superfund Act
On Thursday, December 26, 2024, New York Governor Kathy Hochul signed into law the second-in-the-nation Climate Change Superfund Act (the “Act”). The Act had first passed the New York legislature in June 2024, shortly after Vermont’s Climate Superfund Act became law. See, Sidley Update.
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Jack Raffetto
Washington, D.C.
jraffetto@sidley.com
Rose Quam-Wickham
Sophia E. Wallach
Maureen M. Crough
New York
mcrough@sidley.com
Jim Wedeking
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.
(more…)
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
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.
(more…)
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.
(more…)
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]
(more…)
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Jim Wedeking
Rose Quam-Wickham
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).
(more…)
Hannah Posen
Chicago
hposen@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
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Meet the Team
Cliff W. Vrielink
cvrielink@sidley.com
Kenneth W. Irvin
kirvin@sidley.com
Tara Higgins
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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