United States: Environmental Law

Extended producer responsibility (EPR) packaging laws have moved from enactment into active implementation across seven U.S. states, with producer registration deadlines passing, compliance fees being collected, and enforcement actions beginning. As Oregon publishes its first noncompliant producer list and litigation challenges emerge in California, Oregon, and Colorado, companies selling packaged products face an increasingly complex landscape of state-specific obligations, fee structures, and legal uncert

The EPA has announced plans to develop comprehensive TSCA regulations for legacy asbestos uses, seeking real-world data from workers, building owners, and communities about exposure risks during renovation and demolition activities. With a proposed rule deadline of June 2027, the agency aims to strengthen protections where people are actually exposed, though advocacy groups are already challenging the extended timeline.

A federal court dismissed a legal challenge to the 2025 Biological Opinion governing Gulf of America oil and gas operations after the Endangered Species Committee issued an unprecedented exemption from ESA requirements. While this removes immediate legal threats for offshore operators, the exemption itself faces multiple court challenges, creating ongoing uncertainty about species protection requirements and permit conditions in the Gulf.

The water regulatory landscape continues to evolve rapidly as federal agencies, courts, states, and regulated entities adjust to shifting legal and policy priorities.

On May 5, 2026, the New Mexico Environment Department (“NMED”) published a final rule implementing the state’s Per- and Poly-Fluoroalkyl Substances Protection Act (enacted 2025).

During the week of May 12, the House passed its first bill of the Fiscal Year (FY) 2027 cycle, advanced a second bill through full committee, and held cabinet-level budget hearings. The Senate held FY 2027 budget hearings as well. The week of May 19 was the last session week before the Memorial Day recess, and it was largely a rinse-and-repeat week during this busy appropriations time of year.

On Monday, June 22, seventeen states and the National Association of Wholesaler-Distributors sued California’s recycling and waste management agency (CalRecycle) and Circular Action Alliance...

Bergeson & Campbell, P.C. launches a dedicated blog addressing the expanding regulatory landscape of product stewardship, from chemical compliance to sustainability reporting and circular economy requirements. The platform will provide analysis on emerging issues including PFAS regulations, extended producer responsibility programs, and global packaging initiatives that challenge traditional regulatory frameworks. This resource aims to help companies navigate the intersection of chemical regulation, supply

On June 25, 2026, the U.S. Supreme Court issued its landmark decision in Monsanto Co. v. Durnell, No. 24-1068, resolving a circuit split over whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)...