North America: Environment

The first reporting cycle under California’s “Climate Corporate Data Accountability Act” (SB 253) is fast approaching. SB 253 generally requires U.S.-organized entities doing business in California with more than $1 billion in total annual revenue to disclose their Scope 1, Scope 2 and Scope 3 greenhouse gas (GHG) emissions.

Recent North Dakota court rulings have struck down state laws allowing carbon capture and storage operators to force nonconsenting landowners to provide pore space through amalgamation procedures, finding these mechanisms constitute unconstitutional takings. As California develops its own CCS regulatory framework, these decisions offer critical lessons for designing legally durable unitization mechanisms that can withstand constitutional challenges while keeping projects viable.

The Texas Environmental Superconference convened leading regulators, industry representatives, and environmental practitioners to examine critical developments in environmental and natural resources law. What are the most pressing issues facing environmental policy today, from data centers and water management to climate transition and enforcement strategies?

A federal judge has ruled on a constitutional challenge to Oregon's Extended Producer Responsibility program for plastics and packaging, addressing claims under the Dormant Commerce Clause and Due Process Clause. The decision carries significant implications for similar EPR programs facing legal challenges in California, Colorado, and other states that have enacted comprehensive producer responsibility legislation.

Tennessee became the first state in the United States to implement a fusion-specific regulatory framework that aligns with a federal regulatory template on 9 June 2026. Administered by the Tennessee Department of Environment and Conservation’s Division of Radiological Health (Division), the framework establishes state-level licensing and registration structure for fusion machines and fusion processes.

The D.C. Circuit Court has upheld EPA's designation of PFOA and PFOS as CERCLA hazardous substances, rejecting all industry challenges and confirming significant compliance and liability implications for companies. This decision establishes that these "forever chemicals" can now form the basis for federal Superfund response actions and cost-recovery claims, while leaving broader questions about PFAS regulation and enforcement still in motion.

The Trump administration has rescinded a Biden-era Bureau of Land Management rule that elevated conservation as a formal management objective for Western public lands. The rollback removes restoration and mitigation leases, eliminates landscape-health planning requirements, and returns decision-making to traditional multiple-use frameworks, leaving future conservation efforts to site-specific permitting and review processes.

California environmental regulators are advancing significant changes to pollution monitoring and enforcement across multiple sectors. From the EPA's proposed elimination...

On Aug. 18, the U.S. Court of Appeals for the D.C. Circuit denied industry group petitions and upheld the Environmental Protection Agency’s (EPA) 2024 designation of two perfluoroalkyl and polyfluoroalkyl substances (PFAS) compounds, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

California environmental regulators are advancing significant changes to pollution monitoring and enforcement across multiple sectors. From the EPA's proposed elimination...

On Aug. 11, 2026, Chicago Mayor Brandon Johnson signed Executive Order No. 2026-5 (the order), directing city departments to take immediate steps to strengthen oversight of data center development and calling on the Chicago City Council to enact a temporary moratorium on new data centers and the material expansion of existing facilities.

New Mexico's Environment Department has opened a public comment portal for stakeholders to weigh in on the state's review of exemptions under the PFAS Protection Act, including the controversial fluoropolymer exemption. The review stems from a legislative memorial requesting analysis of whether current exemptions should be retained, modified, or removed based on public health, environmental, and economic risks. NMED will incorporate public feedback into its report ahead of a November 2026 presentation to st