Environmental Update: Regulatory Notes – April 2025

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April has proven a busy month for environmental issues when it comes to the regulatory arena. 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. A 2024 change to EPA’s National Emissions Standards will place severe burdens on coal-fired power plants. Accordingly, the President, pursuant to the authority vested in him by the Constitution and Section 112(i)(4) of the Clean Air Act, proclaims that the sources identified in Annex I of this Proclamation are exempt from compliance with the rule for two years, beginning on July 8, 2027, and concluding on July 8, 2029. At the present time, technology to implement the new standards is not available. (Forty-seven stationary sources are identified in Annex I.)
  • A Modified General Permit for the CWA: On April 15, 2025, EPA published its modifications to the 2022 Clean Water Act Construction General Permit. (See 90 FR 15653.)Section 402 of the Act authorizes EPA to regulate construction activities that result in discharges of pollutants to the waters of the United States. The initial notice of a revised Construction General Permit was published in the Federal Register on January 24, 2022. The latest revisions apply to “Lands of Exclusive Federal Jurisdiction,” where EPA is the only permitting authority. In addition, this latest notice responds to the recent Supreme Court ruling in City and County of San Francisco v. EPA, which concerned ambiguous receiving water quality limitations applicable to many 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 16102.) The original definition found support in the Supreme Court’s “Chevron Deference” doctrine, which was rejected in the recent Loper Bright decision. Now, the agencies seem to view the current regulatory of “harm” to be 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. The recent “showerhead controversy” comes to mind. (The notice can be found at 90 FR 16093.) Written comments will be received until June 2, 2025.