Sidley Energy Blog

Federal and state lawmakers continue to advance legislative efforts to address per- and polyfluoroalkyl substances (PFAS). PFAS have been used in a variety of consumer products and industrial processes and are often recognized for use in nonstick cookware, waterproof apparel, and fire-fighting foam. The U.S. House of Representatives voted this week to pass legislation that would further regulate PFAS. In a bipartisan vote of 241 to 183, lawmakers advanced HR 2467, the PFAS Action Act of 2021, which would impose federal requirements to address PFAS under many environmental statutes, including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Clean Water Act (CWA), the Clean Air Act (CAA), the Safe Drinking Water Act, and the Toxic Substances Control Act.

Chemicals Regulation; Legislative Corner; PFAS

DC Circuit Orders EPA to Reconsider 2019 Renewable Fuel Standard Effects on Endangered Species

Jul 21 2021

Samuel Boxerman and Marshall R. Morales

The U.S. Court of Appeals for the District of Columbia Circuit ruled on July 16 that the Environmental Protection Agency (EPA) must reconsider its 2019 targets under the renewable fuel standard (RFS) related to its potential effects on endangered species. In Growth Energy v. EPA, No. 19-01023 (D.C. Cir.), three groups of petitioners had challenged the rule: renewable energy producers, parties regulated by the RFS requirements, and a group of environmental organizations.

CAA; ESA; Renewable Fuel Standard

Half of World’s Assets under Net Zero Asset Management

Jul 15 2021

Samuel Boxerman and Allen S. Braddock

On Tuesday, July 6, 2021, 41 fund management firms announced their joining of the Net Zero Asset Managers initiative, an initiative by asset management firms to lower the carbon footprint of their clients’ portfolios and develop net-zero investment products.

Climate Change; Investors

Texas Receives Coal Ash Rule Approval from EPA

Jul 13 2021

Samuel Boxerman and Allen S. Braddock

On Monday, June 28, 2021, the U.S. Environmental Protection Agency (EPA) approved the Texas Commission on Environmental Quality’s (TCEQ) request for delegated permit authority over coal ash disposal under the Resource Conservation and Recovery Act (RCRA).¹

Environmental Trends; EPA; Texas

Congress Rescinds Trump-Era Methane “Policy Rule”

Jul 01 2021

Samuel Boxerman, Brittany A. Bolen and Jack Raffetto

On June 25, 2021, the U.S. House of Representatives voted to rescind a Trump-era methane rule using its Congressional Review Act (CRA) authority, which includes special procedures that allow Congress and the President to rescind certain rules promulgated during a prior administration, within defined time limits. The Senate passed the CRA resolution disapproving the rule on April 28, 2021. The measure garnered bipartisan support in both chambers. Congress presented the resolution to President Biden, who signed it on June 30, 2021.

CAA; Congress; Environmental Trends; GHG; Legislative Corner; Natural Gas; Oil

Western District of Virginia Dismisses Challenge to Trump-Era NEPA Rule as Unripe

Jun 29 2021

Samuel Boxerman, Peter Whitfield and Jack Raffetto

On June 21, 2021, the U.S. District Court for the Western District of Virginia dismissed a lawsuit by environmental groups challenging a Council on Environmental Quality (CEQ) July 2020 rule changing how agencies undertake National Environmental Policy Act (NEPA) reviews. Filed in June 2020, Wild Virginia et al. v. Council on Environmental Quality et al. alleged that CEQ’s rule violated NEPA and the Administrative Procedure Act (APA) and asked that the rule be vacated. Because other federal agencies have not yet drafted the procedures implementing the rule and might never do so under the Biden administration, the court concluded that the challenge was not ripe.

CEQ; EIS; NEPA

Environmental Justice Pollution Cleanup Act to Be Reintroduced

Jun 15 2021

Samuel Boxerman and Nicole E. Noëlliste

On June 11, 2021, U.S. Senator Cory Booker (D-NJ) and Representative A. Donald McEachin (D-VA) announced the reintroduction of the Environmental Justice Pollution Cleanup Act of 2021 – a bill first introduced in 2020, which would provide for significant investment in environmental justice communities to address the health and environmental effects of pollution. This marks the latest of a series of proposed legislation addressing environmental justice. In March 2021, we reported on the American Rescue Plan Act of 2021, which allocated $100 million in funding to the U.S. Environmental Protection Agency, for programs, including the retrofitting or replacement of diesel engines or equipment, cleanup and redevelopment of brownfields sites, and technical assistance for small community water systems.

Environmental Justice; Legislative Corner

Federal and State Legislative Activity Continues on PFAS

DC Circuit Orders EPA to Reconsider 2019 Renewable Fuel Standard Effects on Endangered Species

Half of World’s Assets under Net Zero Asset Management

Texas Receives Coal Ash Rule Approval from EPA

Congress Rescinds Trump-Era Methane “Policy Rule”

Western District of Virginia Dismisses Challenge to Trump-Era NEPA Rule as Unripe

Environmental Justice Pollution Cleanup Act to Be Reintroduced

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