United States: 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
Carbon Capture Pooling Statutes After North Dakota Rulings: Lessons For Regulators And Developers
Recent North Dakota court rulings have struck down state laws allowing carbon capture and storage operators to force nonconsenting landowners to provide pore space through amalgamation procedures, finding these mechanisms constitute unconstitutional takings. As California develops its own CCS regulatory framework, these decisions offer critical lessons for designing legally durable unitization mechanisms that can withstand constitutional challenges while keeping projects viable.
United States Environment
AP
Arnold & Porter
Article
DC Circuit Upholds EPA's PFAS Hazardous-Substance Designations Under CERCLA
The US Court of Appeals for the DC Circuit has upheld EPA's designation of PFOA and PFOS as hazardous substances under CERCLA, rejecting industry challenges on statutory authority, procedural notice, and cost-benefit analysis grounds. This decision reinforces EPA's regulatory authority over PFAS chemicals and carries significant implications for companies involved in manufacturing, transporting, or disposing of materials containing these substances, potentially exposing them to substantial CERCLA liability
United States Environment
KG
K&L Gates LLP
Article
Happy 30-Year Anniversary FQPA!
Marking three decades since the Food Quality Protection Act revolutionized pesticide regulation, this analysis examines how an unlikely bipartisan coalition in the 104th Congress resolved the contentious Delaney Paradox. The legislation introduced the "reasonable certainty of no harm" standard and special protections for children, fundamentally reshaping how America balances agricultural productivity with food safety concerns that persist today.
United States Government
BC
Bergeson & Campbell
Article
D.C. Circuit Upholds EPA’s Designation Of PFOA And PFOS As CERCLA “hazardous Substances”
The U.S. Court of Appeals for the D.C. Circuit has upheld EPA's designation of PFOA and PFOS as hazardous substances under CERCLA, rejecting industry challenges on statutory interpretation, notice requirements, and cost-benefit analysis grounds. This landmark decision opens the door to widespread CERCLA liability for PFAS contamination and potentially paves the way for additional PFAS compound designations, fundamentally reshaping environmental cleanup obligations across industries.
United States Environment
HL
Hogan Lovells Cadwalader
Video
Environmental Essentials Webinar Series – Recapping The Texas Environmental Superconference 2026: A Texas-Sized Sampler (Video)
The Texas Environmental Superconference convened leading regulators, industry representatives, and environmental practitioners to examine critical developments in environmental and natural resources law. What are the most pressing issues facing environmental policy today, from data centers and water management to climate transition and enforcement strategies?
United States Environment
B
Bracewell
Article
Pennsylvania Data Center Executive Order Adds New Development And Permitting Requirements
Pennsylvania Governor Josh Shapiro's Executive Order 2026-05 fundamentally reshapes how large data center projects navigate state permitting by requiring developers to choose between signing a consent agreement with strict community engagement requirements or facing significantly delayed review timelines. The order prioritizes local land use approvals over state environmental permits and introduces new transparency mandates while removing data centers from expedited permitting programs. Critical questions r
United States Environment
KG
K&L Gates LLP
Article
D.C. Circuit Upholds EPA Rule Designating PFOA and PFOS as CERCLA Hazardous Substances
The U.S. Court of Appeals for the D.C. Circuit has upheld EPA's designation of PFOA and PFOS as hazardous substances under CERCLA, rejecting industry challenges to the rule. The decision addresses critical questions about EPA's regulatory authority, cost-benefit analysis requirements, and the scope of potential liability for PFAS contamination. What does this ruling mean for companies facing potential cleanup obligations and future CERCLA litigation?
United States Environment
BD
Beveridge & Diamond
Article
D.C. Circuit Upholds EPA’s NSR “Project Emissions Accounting” Rule, Signals Future As-Applied Challenges
The D.C. Circuit Court of Appeals has upheld EPA's "project emissions accounting" rule, which allows facilities to consider both emissions increases and decreases when determining if a project requires New Source Review permitting. This decision provides regulatory certainty for industrial facilities undertaking modernization projects, though questions remain about how temporal requirements will apply in specific cases.
United States Environment
LL
Liskow & Lewis
Article
Using Temporary Pauses To Develop Permanent Regulation
State and local governments are increasingly using moratoria and siting restrictions to regulate data center development, marking a shift from isolated local actions to broader efforts to control AI infrastructure growth. Recent developments show jurisdictions using these pauses not simply to halt development, but to buy time for creating permanent regulatory frameworks addressing energy use, environmental impacts, and community benefits.
United States Government
W
WilmerHale
Article
Built By Design. An Overview Of Private Equity Investment In AEC.
Private equity interest in architecture, engineering, and construction (AEC) professional services is accelerating as sponsors recognize the sector's fragmentation, repeat client relationships, and operational upside potential. This analysis examines why AEC firms have become attractive investment targets, how they compare to other professional services sectors, and what legal and regulatory considerations matter most in structuring successful transactions.
United States Commercial
WT
Winston Taylor
Article
Simpson Thacher Sustainability And ESG: Regulatory Update – August 2026
On July 21, CARB hosted a public workshop to clarify the near-term implementation path for SB 253, focusing on reporting deadlines, phased Scope 3 reporting, insurance-company treatment, and assurance. During the workshop, CARB introduced a new initial reporting deadline of November 10, 2026 for Scope 1 and Scope 2 emissions reporting, and discussed phased-in Scope 3 reporting beginning in 2027. CARB also signaled that future rules will rely heavily on the GHG Protocol, including disclosures on methodology, boundaries, emissions factors, data sources, and global warming potential values, and previewed expected future application of the climate reporting laws to insurance companies.
United States Environment
ST
Simpson Thacher & Bartlett
Article
Stuck In Development: How To Approach US Data Centers In A New Political Environment
Data center developers face a rapidly evolving regulatory landscape as moratoriums and utility connection freezes sweep across the United States. With New York imposing statewide construction halts and Texas freezing grid connections, investors must fundamentally recalibrate their approach to land acquisitions, diligence processes, and deal structuring to navigate mounting political opposition and infrastructure bottlenecks.
United States Real Estate
TL
Torys LLP
Article
Third Circuit Revives Algorithmic Price-Fixing Claims Against Atlantic City Hotel-Casinos
Chicago Mayor Brandon Johnson has signed an executive order establishing enhanced regulatory oversight for data center development, marking the city's entry into a growing movement of municipalities restricting such facilities. The order calls for a temporary construction moratorium while implementing new frameworks to address concerns about clean water, air quality, energy costs, and community impact.
United States Environment
FL
Foley & Lardner
Article
Islanded, But Not Unregulated Or Unchallenged: New Developments For Behind-the-Meter Data Center Power Generation
EPA guidance exempts islanded power generation facilities serving data centers from the Clean Air Act's Acid Rain Program, while a threatened lawsuit in San Antonio challenges whether data centers and their dedicated power plants should be treated as separate or aggregated sources for permitting purposes. These developments highlight the evolving regulatory landscape and litigation risks facing behind-the-meter generation projects in the rapidly expanding data center sector.
United States Environment
W
WilmerHale
Article
Chicago Mayor Brandon Johnson Signs Protecting Chicagoans’ Clean Water, Clean Air, Energy Affordability, And Quality Of Life Executive Order
Chicago has become the latest city to push back against new data center development. On August 11, 2026, Chicago Mayor Brandon Johnson signed Executive Order 2026-5, titled “Protecting Chicagoans’ Clean Water, Clean Air, Energy Affordability, and Quality of Life.” The Order establishes an enhanced regulatory framework for data center development in Chicago. In the Order, the Mayor calls on the City Council to enact a temporary moratorium on new data center construction and material expansions of existing facilities.
United States Environment
FL
Foley & Lardner
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