Environmental Law

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.

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?

This comprehensive alert examines the most significant environmental policy developments across Latin America from April to June 2026, covering major legislative reforms, conservation initiatives, and international cooperation efforts. From Chile's expansion of marine reserves to Mexico's proposed overhaul of environmental law, and Colombia's pioneering conference on fossil fuel elimination, the report analyzes how governments are reshaping environmental governance. The alert provides critical insights into

Tennessee became the first state in the United States to implement a fusion-specific regulatory framework that aligns with a federal regulatory template on 9 June 2026. Administered by the Tennessee Department of Environment and Conservation’s Division of Radiological Health (Division), the framework establishes state-level licensing and registration structure for fusion machines and fusion processes.

The D.C. Circuit Court has upheld EPA's designation of PFOA and PFOS as CERCLA hazardous substances, rejecting all industry challenges and confirming significant compliance and liability implications for companies. This decision establishes that these "forever chemicals" can now form the basis for federal Superfund response actions and cost-recovery claims, while leaving broader questions about PFAS regulation and enforcement still in motion.

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.

On Aug. 11, 2026, Chicago Mayor Brandon Johnson signed Executive Order No. 2026-5 (the order), directing city departments to take immediate steps to strengthen oversight of data center development and calling on the Chicago City Council to enact a temporary moratorium on new data centers and the material expansion of existing facilities.

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.

The California Air Resources Board (CARB) continues to refine the implementation of California’s landmark greenhouse gas (GHG) emissions reporting law, the Climate Corporate Data Accountability Act (SB 253). During a public workshop held on July 21, 2026...

The D.C. Circuit Court has unanimously upheld the EPA's designation of PFOA and PFOS as hazardous substances under CERCLA, rejecting industry challenges and confirming expanded federal enforcement powers. This ruling triggers immediate compliance requirements including mandatory release reporting, property disclosure obligations, and transportation labeling for these widely-used PFAS compounds.

The D.C. Circuit Court of Appeals has upheld EPA's designation of PFOA and PFOS as CERCLA hazardous substances, rejecting challenges from the U.S. Chamber of Commerce regarding the agency's interpretation of "substantial danger" and cost-benefit analysis. This landmark decision significantly expands EPA's enforcement authority and opens the door to federal cleanup requirements and cost recovery litigation for PFAS contamination.

On Aug. 21, 2026, the U.S. Department of the Interior (Interior) adopted a new decision framework for operating Lake Powell and Lake Mead through 2036 and simultaneously issued...