On October 9, the Federal Motor Carrier Safety Administration (FMCSA) took a significant step toward enabling the large-scale deployment of driverless heavy trucks on public roads in the United States. The agency granted autonomous motor carriers a five-year exemption from
Environmental and Energy Brief
Environmental and Energy Brief, published by Sidley Austin LLP, covers legal developments and regulatory changes affecting environmental law, energy policy, and related compliance issues. The blog addresses topics such as federal and state regulatory proposals, enforcement actions, and litigation trends involving agencies like the EPA, Department of Transportation, and FERC. It also discusses impacts on sectors including automotive fuel economy standards, endangered species protections, water resource regulation, and energy infrastructure. The blog provides analysis of rulemakings, court decisions, and administrative actions that influence environmental and energy law practice and policy.
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Data Centers Face Growing Environmental and Litigation Risks
The environmental regulatory and litigation landscape for data centers has shifted. In the past several weeks, states with significant existing or planned data center development have announced new requirements affecting environmental permitting, water use, backup generation, electricity demand, and local…
Department of Transportation Finalizes Rollback of Corporate Average Fuel Economy (CAFE) Standards for Passenger Cars and Light Trucks
On September 28, 2026, the National Highway Traffic Safety Administration (NHTSA) finalized its Corporate Average Fuel Economy (CAFE) standards for passenger cars and light trucks sold in the United States for model years (MYs) 2022–2031. The final rule represents one of…
Second Federal Court Strikes Down New York’s Climate Change Superfund Act
On September 23, 2026, a second federal district court struck down New York’s Climate Change Superfund Act (the Act), this time in a lawsuit brought by the United States and the U.S. Environmental Protection Agency (EPA). In United States v.…
The Limits of OSHA’s Reach: 5th Circuit Applies Loper Bright to Invalidate an OSHA Regulation
Two years after the Supreme Court overturned Chevron deference in Loper Bright Enterprises v. Raimondo, the Fifth Circuit has given employers an early example of how the new framework may reshape OSHA enforcement. In Exxon Mobil Corp. v. Occupational…
In Landmark TSCA Decision, Fifth Circuit Vacates EPA’s Methylene Chloride Rule, Limits EPA’s Interpretation of “Unreasonable Risk”
On September 15, 2026, a unanimous panel of the U.S. Court of Appeals for the Fifth Circuit vacated the EPA’s 2024 risk management rule for methylene chloride and the unreasonable-risk determination underlying it. East Fork Enterprises, Inc. v. EPA, Nos.…
EPA Issues Final Rule Repealing Most 2024 Power Plant GHG Standards and a Proposal That Would Eliminate the Remaining Power Plant GHG Standards
On September 14, 2026, the U.S. Environmental Protection Agency (EPA) took two related actions to substantially change the federal framework for regulating greenhouse gas (GHG) emissions from fossil fuel-fired power plants under Clean Air Act Section 111.
The post…
EPA + OSHA: Better Together? EPA Aligns EPCRA Chemical Reporting With OSHA’s Hazard Communication Standard
Over the summer, the U.S. Environmental Protection Agency (EPA) published a final rule amending the Emergency Planning and Community Right-to-Know Act (EPCRA) hazardous chemical inventory reporting regulations, at 40 C.F.R. Part 370, which became effective on August 21, 2026. The…
NHTSA Reverses Course on Standalone Engine Fuel Economy Standards for Medium- and Heavy-Duty Vehicles
On August 31, 2026, the National Highway Traffic Safety Administration (NHTSA) published an interpretive rule concluding that it lacks statutory authority to establish standalone fuel economy standards for engines used in certain commercial medium-duty and heavy-duty (MDHD) on-highway vehicles. The…
EPA and the Army Corps Seek Comment on Another WOTUS Alternative for Implementing Sackett v. EPA
On September 4, 2026, the U.S. Environmental Protection Agency (EPA) and the Department of the Army, U.S. Army Corps of Engineers (together, the agencies), announced a supplemental notice of proposed rulemaking (SNPRM) that requests additional public input on rules the…