As part of the 2026 appropriations package, on January 6, 2026, the U.S. House and Senate Committees on Appropriations issued a joint statement outlining several procedural changes they are seeking for the U.S. EPA’s regulation of toxic chemical substances. The
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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U.S. Army Corps of Engineers Finalizes 2026 Nationwide Permit Reissuance and Modifications
On January 8, 2026, the U.S. Army Corps of Engineers (Corps) published its final action reissuing and modifying Nationwide Permits (NWPs). This final action reissues 56 existing NWPs and issues one new NWP. The changes are modest, but include helpful clarifications…
Members of Congress Propose a New Bill to Regulate Autonomous Vehicles
This week, U.S. Representatives Bob Latta and Debbie Dingell released the discussion draft of a new bill: the Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution (SELF DRIVE) Act of 2026. This legislation, if enacted, would be…
New Year, New Packaging Requirements: Extended Producer Responsibility Update
State extended producer responsibility (EPR) programs for packaging materials are no longer on the horizon — as we enter 2026, requirements in some states have already taken effect and more will be implemented this year. Last year, packaging “producers,” including…
The State of Play in California for Autonomous Vehicles
More autonomous vehicles are operating in California than anywhere else in America. And yet California has some of the most extensive autonomous regulations in the country. While some other states have taken a relatively laissez-faire approach to autonomous vehicles, California’s…
EPA Memo Emphasizes “Compliance First” Enforcement Approach
On December 5, EPA’s Office of Enforcement and Compliance Assurance (OECA) issued a memorandum to staff affirming a “compliance first” approach to civil enforcement. The memo, signed by Acting Assistant Administrator Craig J. Pritzlaff, applies to all civil enforcement matters…
Department of Transportation Proposes Dramatic Rollback of Corporate Average Fuel Economy (CAFE) Standards
On December 3, in connection with a highly publicized announcement in the Oval Office and a statement from the White House, the Department of Transportation proposed a rulemaking that would reset Corporate Average Fuel Economy (CAFE) standards for passenger cars…
Open for Business: A Look at NHTSA Auto Safety Investigations in the Second Trump Administration
The second Trump administration has seen drastic changes in the enforcement practices of many federal regulatory agencies. One area where investigative activity continues to be robust is auto safety. The National Highway Traffic Safety Administration (NHTSA) has, in, recent months,…
FWS and NMFS Propose Four Rules Overhauling ESA Implementation: Greater Emphasis on Species-Specific Analysis, Economic Impacts, and Critical Habitat Exclusions
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…