Environmental Law

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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
D.C. Circuit Upholds EPA Rule Designating PFOA And PFOS As CERCLA Hazardous Substances
The D.C. Circuit Court of Appeals has upheld EPA's designation of PFOA and PFOS as hazardous substances under CERCLA, rejecting challenges from industry groups and reaffirming the agency's authority to regulate based on credible scientific evidence of risk. This landmark decision has significant implications for businesses across multiple sectors, potentially expanding EPA's enforcement capabilities and affecting real estate transactions, compliance obligations, and liability exposure for companies dealing
United States Environment
SP
Sive, Paget & Riesel
Article
EPA Issues Decisions On Small Refinery Exemptions
The EPA has released decisions on 34 small refinery exemption petitions from 2025, granting full or partial exemptions that total 1.76 million RINs - significantly more than initially estimated. This discrepancy has prompted the agency to announce a new rulemaking that will reallocate 100 percent of exempted volumes to 2026 and 2027 renewable volume obligations, potentially increasing compliance burdens for nonexempt obligated parties.
United States Environment
HK
Holland & Knight
Article
Federal Agencies Propose Additional Revisions To The Definition Of ‘Waters Of The United States’
The US Army Corps of Engineers and EPA have released a supplemental proposal that further refines the regulatory definition of "waters of the United States" under the Clean Water Act. The proposed changes introduce bright-line tests for determining jurisdictional waters, requiring perennial flow and continuous surface connections rather than seasonal standards. These revisions aim to align federal regulations more closely with the Supreme Court's Sackett v. EPA decision while potentially narrowing the scope
United States Environment
B
Bracewell
Article
Comments Due: Vermont EPR For Household Hazardous Waste Program Plan Public Comment Period Closes September 10
Vermont's groundbreaking extended producer responsibility program for household hazardous products enters a critical phase as the state agency releases its draft implementation plan. With registration deadlines already in effect and new compliance requirements on the horizon, manufacturers of aerosols, cleaning products, motor oil containers, and similar consumer goods face significant operational and financial obligations. The draft plan outlines collection systems, municipal reimbursement formulas, and pr
United States Environment
BC
Bergeson & Campbell
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Environmental Law

Article
D.C. Circuit Upholds EPA Rule Designating PFOA And PFOS As CERCLA Hazardous Substances
The D.C. Circuit Court of Appeals has upheld EPA's designation of PFOA and PFOS as hazardous substances under CERCLA, rejecting challenges from industry groups and reaffirming the agency's authority to regulate based on credible scientific evidence of risk. This landmark decision has significant implications for businesses across multiple sectors, potentially expanding EPA's enforcement capabilities and affecting real estate transactions, compliance obligations, and liability exposure for companies dealing
United States Environment
SP
Sive, Paget & Riesel
Article
EPA Issues Decisions On Small Refinery Exemptions
The EPA has released decisions on 34 small refinery exemption petitions from 2025, granting full or partial exemptions that total 1.76 million RINs - significantly more than initially estimated. This discrepancy has prompted the agency to announce a new rulemaking that will reallocate 100 percent of exempted volumes to 2026 and 2027 renewable volume obligations, potentially increasing compliance burdens for nonexempt obligated parties.
United States Environment
HK
Holland & Knight
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Waste Management

Article
Comments Due: Vermont EPR For Household Hazardous Waste Program Plan Public Comment Period Closes September 10
Vermont's groundbreaking extended producer responsibility program for household hazardous products enters a critical phase as the state agency releases its draft implementation plan. With registration deadlines already in effect and new compliance requirements on the horizon, manufacturers of aerosols, cleaning products, motor oil containers, and similar consumer goods face significant operational and financial obligations. The draft plan outlines collection systems, municipal reimbursement formulas, and pr
United States Environment
BC
Bergeson & Campbell
Article
Oregon's Extended Producer Responsibility Law Upheld Following Constitutional Challenges In National Ass'n Of Wholesale Distributers v. Feldon
A federal court has issued the first ruling on the constitutionality of state extended producer responsibility laws, upholding Oregon's Plastic Pollution and Recycling Modernization Act against industry challenges. The decision addresses critical questions about whether EPR programs violate the Commerce Clause and Due Process protections, with implications for similar legislation in California, Colorado, and other states. Companies subject to Oregon's EPR regulations must continue complying with registratio
United States Environment
KG
K&L Gates LLP
Article
Alaska Becomes 49th State Authorized To Administer Federal RCRA Hazardous Waste Program
On July 29, 2026, the U.S. Environmental Protection Agency (EPA) granted Alaska final authorization to administer its hazardous waste management program under the Resource Conservation and Recovery Act (RCRA). Alaska is the 49th state authorized to administer most aspects of the federal RCRA hazardous waste program and the first state in more than 25 years to receive initial authorization.
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
CARB Opens SB 253 Reporting Intake: The Platform Provides More Than CARB's Guidance
California's Air Resources Board has opened its voluntary reporting platform for the first cycle of greenhouse gas emissions disclosure under SB 253, establishing November 10, 2026 as the deadline and clarifying that companies may submit existing reports rather than creating new CARB-specific documents. The guidance addresses critical implementation questions including consolidated reporting mechanics, fee assessment structures, and first-year enforcement discretion for entities without established data col
United States Environment
JD
Jones Day
Article
The Tick-ing Time Bomb: Repellents, Regulation, And A Growing Public Health Challenge
Tick-borne diseases are surging across North America and beyond as climate change, ecological shifts, and human behavior converge to expand tick habitats and extend seasonal activity periods. With Lyme disease cases climbing and new tick species establishing themselves in previously unaffected regions, the effectiveness and regulation of insect repellents has become a critical public health concern that varies dramatically across jurisdictions.
Worldwide Government
BC
Bergeson & Campbell
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