Environmental Law

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.

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.

Federal and state environmental agencies face mounting legal challenges over vehicle emissions waivers, water jurisdiction definitions, and climate change liability. Courts are weighing California's authority to set its own emissions standards while EPA navigates Supreme Court limitations on wetlands protection and controversial PFAS regulations.

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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

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.

Explore the latest regulatory developments, litigation updates, and transactional shifts shaping climate law across multiple jurisdictions. From Australia's environmental protection reforms...

The Environmental Protection Agency has finalized a partial repeal of the 2024 Carbon Pollution Standards for fossil fuel-fired power plants, eliminating major compliance requirements including 90% carbon capture and storage mandates. This action, which EPA estimates will result in $310 billion in social cost savings, marks the latest development in nearly two decades of litigation over the agency's authority to regulate greenhouse gas emissions under the Clean Air Act.

Climate-related regulation affecting fashion and textiles is moving beyond corporate-level climate disclosure toward the business practices that contribute to the sector's emissions footprint. California is implementing a textile producer responsibility program tied to reducing climate pollution, while New York legislators are considering direct greenhouse gas inventory and reduction requirements for fashion sellers.

The EPA and HHS have formed an unprecedented scientific partnership to strengthen the federal review of glyphosate, the world's most widely used herbicide. This interagency collaboration will coordinate research on potential human health effects and expand the evidence base for EPA's ongoing registration review. The partnership raises questions about whether new scientific findings will influence EPA's previous conclusions that glyphosate poses no cancer risk to humans.

As discussed in previous client alerts, the rapid growth of artificial intelligence (AI), cloud computing, and digital services has dramatically increased demand for data centers.

California Governor Gavin Newsom vetoed AB 2253, legislation that would have strengthened the state's greenwashing protections through additional labeling requirements for products claiming recycled content. The veto comes amid concerns about regulatory complexity and timing, as California already maintains some of the nation's strictest requirements on recyclability claims while facing legal challenges to existing environmental product stewardship programs.