Environmental Update: Regulatory Notes – April 2025 — Gravel2Gavel Construction & Real Estate Law Blog — April 25, 2025
Here are some of the notable developments:
Coal-Fired Relief:
- On April 8, 2025, the President issued Presidential Proclamation 10914, “Regulatory Relief for Certain Stationary Sources to Promote American Energy,” published in the Federal Register on April 21, 2025 at 90 FR 16777. Below are just a few of the notable developments:Coal-Fired Relief:
- On April 8, 2025, the President issued Presidential Proclamation 10914, “Regulatory Relief for Certain Stationary Sources to Promote American Energy,” published in the Federal Register on April 21, 2025, at 90 FR 16777. The EPA’s National Emissions Standards, which will be changed in 2024, will impose severe burdens on coal fired power plants. In accordance with the Constitution and Section 112 (i)(4) of Clean Air Act, the President proclaims, in accordance with the authority vested to him by both the Clean Air Act and Section 112 (i)(4), that the sources listed in Annex I are exempted from compliance for a period of two years, starting on July 8th, 2027 and ending on July 8th, 2029. Currently, the technology required to implement the new standards does not exist. Annexe I lists 47 stationary sources. Modified General Permit under the CWA: On the 15th of April 2025, EPA published their modifications to the 2022 Clean Water Act Construction General Permit. (See 90 FR 15653) Section 402 of Act allows EPA to regulate construction projects that discharge pollutants into the waters of United States. The first notice of a revised Construction General Permit appeared in the Federal Register on 24 January 2022. The most recent revisions are applicable to “Lands of Exclusive Federal Jurisdiction” where EPA is solely responsible for permitting. This latest notice also responds to a recent Supreme Court decision in City & County of San Francisco v. EPA
- which dealt with ambiguous receiving-water quality limitations applicable to municipal wastewater treatment facilities. EPA is likely to provide additional guidance that will be of interest to National Pollutant Discharge Elimination System (NPDE) permittees.The End of “Harm”: On April 17, 2025, the Fish and Wildlife Service of the Department of the Interior and the Department of Commerce and National Oceanic and Atmospheric Administration (NOAA) published a Notice of Proposed Rulemaking requesting comments on their proposal to rescind the definition of “harm” under the Endangered Species Act. (See 90 FR 160102.) The Supreme Court’s “Chevron deference” doctrine supported the original definition, but was rejected by the recent Loper bright
- ruling. The agencies now seem to consider the current regulatory definition of “harm” as untenable. Comments are due on May 19, 2025.Energy Conservation Standards Reconsidered:
Also on April 17, 2025, the Department of Energy published a notice that it is seeking comments on its plans to revise its procedures by which the agency applies energy conservation standards to a host of consumer products. This brings to mind the recent “showerhead scandal”. The notice can be found in 90 FR 1693. Written comments will be accepted until June 2, 2025.
