United States: Environmental Law

California's "Truth in Recycling" law faces a critical October 4 deadline despite a federal court order blocking enforcement by the state Attorney General. Companies must navigate complex requirements for recyclability claims on products and packaging, including stringent collection and processing thresholds, while uncertainty remains about private enforcement and the law's ultimate fate in ongoing litigation.

The Organisation for Economic Co-operation and Development has released comprehensive guidance on toxicokinetics testing for manufactured nanoparticles and larger particles. This guidance addresses in vivo testing considerations for poorly soluble and partially soluble spheroidal particles following oral and inhalation exposure, with a primary focus on inorganic materials.

The EPA has released its draft risk evaluation for ethylene dibromide under TSCA, identifying unreasonable risks to workers and occupational non-users from inhalation and dermal exposure across ten conditions of use. With a February 2027 court-ordered deadline looming, EPA must navigate public comments, peer review, and finalize the evaluation while broader questions remain about the agency's approach to assessing worker risks and coordinating with OSHA on risk management.

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 EPA has launched a comprehensive open literature search to inform its upcoming human health risk assessment for glyphosate, the widely-used herbicide at the center of ongoing debate about its potential cancer-causing effects. With the updated assessment scheduled for late 2026, the agency is soliciting public comments on the completeness of its literature review, which will incorporate recent scientific studies and epidemiological data to determine whether glyphosate continues to meet safety standards

California's Air Resources Board has released comprehensive guidance for entities preparing their first greenhouse gas emissions reports under SB 253, introducing a voluntary reporting platform and clarifying expectations for the November 2026 deadline. The guidance addresses critical questions about data collection requirements, assurance standards, and enforcement discretion for companies that weren't tracking emissions as of December 2024. Understanding these reporting parameters and submission options w

Sustainability in construction has evolved from an aspirational goal to a regulatory mandate, fundamentally reshaping how projects are designed and built. This article examines how design-build contracting provides an integrated framework for achieving sustainability objectives, exploring the historical development of environmental regulations, third-party certification systems like LEED and Green Globes, and the contractual mechanisms that enable effective implementation of green building practices.

The California Air Resources Board (CARB) has developed new resources to help companies prepare for the first round of Scope 1 and Scope 2 greenhouse gas (GHG) emissions reporting under Senate Bill 253 (SB 253).

A federal court has blocked New York's Climate Change Superfund Act, which sought to recover $75 billion from fossil fuel companies for climate adaptation projects. The ruling found the Act's strict liability scheme preempted by federal law, mirroring rejected climate tort claims. With Vermont's similar law still pending and the Supreme Court set to hear related arguments in October 2026, this decision could reshape how states pursue climate-related cost recovery from energy companies.