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Sidley Environmental, Health, and Safety Brief
Perspectives for the Environmental, Health and Safety Community
FWS and NMFS Propose Four Rules Overhauling ESA Implementation: Greater Emphasis on Species-Specific Analysis, Economic Impacts, and Critical Habitat Exclusions
On November 21, 2025, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) have issued a coordinated package of four proposed rules that would significantly revise how the Endangered Species Act (ESA) is implemented. [1] Two of the rules apply to both agencies, and two are FWS-only. Together, the proposals would shift ESA implementation toward a more species-specific, economically informed, and text-focused framework, with important implications for energy, infrastructure, and land-use projects.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Peter Whitfield
Washington, D.C.
pwhitfield@sidley.com
Riley Desper
Washington, D.C.
EPA and Army Corps Propose to Narrow Federal Jurisdiction Under the Clean Water Act
On Monday, November 17, 2025, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) (collectively, the “Agencies”) released a pre-publication proposed rule to revise the definition of “Waters of the United States” (WOTUS) under the Clean Water Act (CWA). The proposal responds to the U.S. Supreme Court’s 2023 decision in Sackett v. EPA, 598 U.S. 651 (2023), but goes further than the Biden Administration’s response to the Sackett ruling in August 2023 (the “Conforming Rule”).[1] Sidley’s blog post on the prior administration’s rule can be found here.
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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
Riley Desper
Washington, D.C.
Bringing Data Centers to the Grid: FERC’s Emerging Large Load Framework
On October 23, 2025, Secretary of Energy Chris Wright directed the Federal Energy Regulatory Commission (FERC) to consider an Advance Notice of Proposed Rulemaking (ANOPR) to initiate rulemaking procedures to “ensure the timely and orderly interconnection of large loads to the transmission systems.” Under the ANOPR, “large loads” are defined as those with a capacity of 20 MW or more, aligning with the definition of “large generation sources” in FERC’s Order No. 2003.
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Terence T. Healey
Boston
thealey@sidley.com
Grace Dickson Gerbas
Dallas
gdicksongerbas@sidley.com
William W. Hendrickson
Houston
william.hendrickson@sidley.com
EPA Proposes Exemptions to TSCA PFAS Reporting Rule
On November 13, 2025, the U.S. Environmental Protection Agency (EPA) published a proposed rule that would revise the scope of EPA’s Toxic Substances Control Act (TSCA) Section 8(a) rule requiring a one-time expansive data submission on per- and polyfluoroalkylated substances (PFAS Reporting Rule). The proposal introduces several exemptions designed to reduce compliance costs and improve implementation. The revisions aim to make the one-time PFAS reporting requirements more practical, particularly for small manufacturers and importers, while preserving EPA’s access to use and exposure information. EPA will accept public comments until December 29, 2025.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Riley Desper
Washington, D.C.
Leena Dai
Washington, D.C.
leena.dai@sidley.com
New York Court Orders NYDEC to Issue Climate Change Regulations by February 2026
On October 24, 2025, a New York trial court ordered the New York Department of Environmental Conservation (NYDEC) to promulgate regulations addressing climate change pursuant to the state’s 2019 Climate Leadership and Community Protection Act, 2019 N.Y. Sess. Laws Ch. 106 (S. 6599) (CLCPA). The court sided with environmental groups that argued that NYDEC’s failure to issue these rules violated a mandatory statutory duty, despite the agency’s arguments that such rules would be “infeasible” because of costs imposed on consumers. With the order requiring promulgation of the rules by February 6, 2026—mere months away—stakeholders should watch closely for details on upcoming compliance requirements.
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Leena Dai
Washington, D.C.
leena.dai@sidley.com
The Trump Administration’s Pushback Against a Global Shipping Carbon Levy
The International Maritime Organization (IMO), the United Nations agency tasked with regulating global shipping, has proposed an international carbon pricing scheme on shipping. The maritime shipping sector has increasingly faced global scrutiny as the contributor of 3% of global greenhouse gas emissions, and IMO’s proposed mechanism would serve as the first global emissions pricing mechanism affecting the shipping sector.
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Abigail Kuchnir
Chicago
abigail.kuchnir@sidley.com
Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
OMB’s Office of Information and Regulatory Affairs Issues New Guidance to Accelerate Deregulatory Actions
On October 21, the Office of Information and Regulatory Affairs (OIRA) in the White House Office of Management and Budget (OMB) issued a memorandum aimed at providing guidance for “Streamlining the Review of Deregulatory Actions” to federal agencies. The guidance follows recent Executive Orders (EOs) and a Presidential Memorandum issued earlier in the Trump Administration that emphasized the Administration’s focus on deregulation as a driver of economic growth and government efficiency.
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Samuel B. Boxerman
Washington, D.C.
sboxerman@sidley.com
Brittany A. Bolen
Washington, D.C.
bbolen@sidley.com
Lauren E. DeCarlo
Chicago
lauren.decarlo@sidley.com
Governors of PJM States Intensify Pressure on PJM for Reform
A bipartisan group of governors of PJM Interconnection (PJM) member states has intensified calls for reforming PJM after what they have described as a “crisis of confidence,” citing high electricity prices, interconnection delays, and lack of transparency and state participation in the RTO’s decision-making processes.
Terence T. Healey
Boston
thealey@sidley.com
Priya Kareddy
Washington, D.C.
priya.kareddy@sidley.com
Tanner L. Groce
Houston
tgroce@sidley.com
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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
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