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Environmental law articles, insights, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as clean air/pollution, climate change, environmental law and waste management.
Article
TSCA Upheaval: Fifth Circuit Vacates EPA Methylene Chloride Rule
A federal appeals court has struck down EPA's methylene chloride regulation under TSCA, fundamentally challenging the agency's approach to chemical risk evaluation and management. The unanimous Fifth Circuit decision vacates both the 2022 risk determination and 2024 rule, potentially forcing EPA to revise its methodology for assessing chemical risks across multiple substances. Will this landmark ruling reshape how EPA regulates toxic chemicals and impact pending challenges to other chemical management rules
United States Environment
BD
Beveridge & Diamond
Article
DOJ Reaffirms Limits On Guidance In Environmental Criminal Enforcement
The U.S. Department of Justice has revised its Justice Manual to clarify that noncompliance with nonbinding agency guidance cannot, by itself, establish a criminal violation in environmental enforcement cases. Companies facing environmental investigations now have a concrete basis to distinguish between legally mandatory requirements and recommended practices, though guidance remains relevant as evidence of knowledge, technical standards, and compliance representations.
United States Environment
BD
Beveridge & Diamond
Article
EPA Publishes Guidance On Surfactant Reference Values Based On New Approach Methods
The U.S. Environmental Protection Agency has published four groundbreaking documents to its New Chemicals Division Reference Library that introduce New Approach Methods for assessing human health hazards of surfactants. These documents outline a refined approach using the MucilAir three-dimensional human airway epithelial model to derive human-relevant points of departure for respiratory irritation, marking a significant advancement in chemical safety assessment under TSCA Section 5.
United States Environment
BC
Bergeson & Campbell
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Article
Federal Court Upholds Oregon's Packaging EPR Law in NAW v. Feldon
A federal judge in Oregon has upheld the state's packaging extended producer responsibility law against constitutional challenges, marking the first packaging EPR case to reach a decision on the merits. The ruling rejected claims that Oregon's program violates the dormant Commerce Clause and Due Process Clause, establishing important precedents that may influence similar litigation in other states. With the preliminary injunction now dissolved, producers covered by Oregon's EPR law face immediate compliance
United States Environment
S
Steptoe LLP
Article
California Enacts SB 501, Expanding Battery Stewardship Requirements
California Governor Newsom has signed Senate Bill 501, significantly expanding the state's Responsible Battery Recycling Act to include medium-format batteries used in e-bikes, portable generators, and electric lawn equipment. The new law modifies collection obligations for retailers and clarifies when batteries qualify as easily removable, while maintaining core producer responsibilities for battery stewardship programs.
United States Environment
BD
Beveridge & Diamond
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Environmental Law

Article
California Enacts Seven Data Center Bills, Effective January 1, 2027: New Tariff, Entitlement, And Disclosure Rules For Hyperscalers, Developers, And Power Producers
California Governor Newsom signed seven data center bills into law on September 21, 2026, establishing a comprehensive regulatory framework that takes effect January 1, 2027. These bills create new tariff regimes administered by the California Public Utilities Commission, impose extensive reporting requirements on data center operators, and establish water disclosure mandates and CEQA treatment protocols.
United States Energy
FL
Foley & Lardner
Article
TSCA Upheaval: Fifth Circuit Vacates EPA Methylene Chloride Rule
A federal appeals court has struck down EPA's methylene chloride regulation under TSCA, fundamentally challenging the agency's approach to chemical risk evaluation and management. The unanimous Fifth Circuit decision vacates both the 2022 risk determination and 2024 rule, potentially forcing EPA to revise its methodology for assessing chemical risks across multiple substances. Will this landmark ruling reshape how EPA regulates toxic chemicals and impact pending challenges to other chemical management rules
United States Environment
BD
Beveridge & Diamond
Article
DOJ Reaffirms Limits On Guidance In Environmental Criminal Enforcement
The U.S. Department of Justice has revised its Justice Manual to clarify that noncompliance with nonbinding agency guidance cannot, by itself, establish a criminal violation in environmental enforcement cases. Companies facing environmental investigations now have a concrete basis to distinguish between legally mandatory requirements and recommended practices, though guidance remains relevant as evidence of knowledge, technical standards, and compliance representations.
United States Environment
BD
Beveridge & Diamond
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Clean Air / Pollution

Article
District Court Enjoins EPA From Reclassifying California’s Clean Air Act Waivers
A federal district court has preliminarily enjoined the EPA from reclassifying California's Clean Air Act preemption waiver orders as "rules" subject to the Congressional Review Act. The court found that EPA's reclassification likely violated the Administrative Procedure Act and exceeded the agency's authority, though the order does not prevent Congress from proceeding with pending disapproval resolutions.
United States Environment
AP
Arnold & Porter
Article
New Jersey Supreme Court To Review NJDEP's Environmental Justice Rules
The New Jersey Supreme Court will review key provisions of the state's Environmental Justice Rules, including their application to facilities in unpopulated areas adjacent to overburdened communities, the classification of existing facilities as "new," and the validity of stricter air pollution control standards. The case could reshape environmental permitting requirements and determine whether long-operating businesses face permit denial or merely additional conditions.
United States Environment
RD
Riker Danzig LLP
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Climate Change

Article
Ontario Invites Expressions Of Interest For Licences Under The Geologic Carbon Storage Act
Ontario has launched its first call for expressions of interest in carbon capture and storage licences under the new Geologic Carbon Storage Act, targeting Crown-owned pore space beneath lakebeds surrounding the Ontario Peninsula. The detailed submission requirements reveal expectations that proponents have advanced well beyond initial planning stages, with the process serving as a critical test of Ontario's emerging CCS framework and its attractiveness to industry.
Canada Environment
TL
Torys LLP
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