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
California Legislature Enrolls Bill To Permit The Issuance Of Take Authorization For Species Proposed For Listing Under CESA
California's Assembly Bill 550 proposes to expand the state's endangered species permitting framework by allowing incidental take permits for species merely proposed for listing, rather than requiring full candidate status. While technically available to all developers, the bill's provisions primarily benefit renewable energy projects by providing regulatory continuity and reducing species-related disruptions during the lengthy development process required to meet California's aggressive clean energy target
United States Environment
AM
Allen Matkins Leck Gamble Mallory & Natsis
Article
Texas Governor Expands Regulatory Pressure On Data Center Development
Texas Governor Greg Abbott has escalated regulatory oversight of data center development by directing the Texas Water Development Board to enforce water use reporting requirements with potential legal consequences. The directive comes amid growing concerns about data centers' impact on rural communities and signals significant regulatory changes ahead for the industry in Texas.
United States Environment
HK
Holland & Knight
Article
Fifth Circuit Vacates EPA's Methylene Chloride Risk Management Rule Under TSCA
The Fifth Circuit's landmark decision in East Fork Enterprises v. EPA vacates the agency's methylene chloride risk management rule, establishing new precedents for how TSCA requires condition-specific risk determinations, treatment of workplace protective equipment, and evidentiary standards. This ruling could fundamentally reshape EPA's approach to chemical regulation and influence pending litigation involving asbestos, trichloroethylene, and other substances.
United States Environment
HK
Holland & Knight
Article
WOTUS Proposed Rule Second Comment Period Ends October 9, 2026
The EPA and Army Corps of Engineers have issued a second proposed rule refining the definition of "waters of the United States" (WOTUS), addressing ambiguities raised in over 220,000 public comments. The updated proposal clarifies three critical terms—"relatively permanent," "continuous surface connection," and "perennial"—that determine which water bodies fall under federal jurisdiction.
United States Environment
SH
Stites & Harbison PLLC
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Environmental Law

Article
California Legislature Enrolls Bill To Permit The Issuance Of Take Authorization For Species Proposed For Listing Under CESA
California's Assembly Bill 550 proposes to expand the state's endangered species permitting framework by allowing incidental take permits for species merely proposed for listing, rather than requiring full candidate status. While technically available to all developers, the bill's provisions primarily benefit renewable energy projects by providing regulatory continuity and reducing species-related disruptions during the lengthy development process required to meet California's aggressive clean energy target
United States Environment
AM
Allen Matkins Leck Gamble Mallory & Natsis
Article
Texas Governor Expands Regulatory Pressure On Data Center Development
Texas Governor Greg Abbott has escalated regulatory oversight of data center development by directing the Texas Water Development Board to enforce water use reporting requirements with potential legal consequences. The directive comes amid growing concerns about data centers' impact on rural communities and signals significant regulatory changes ahead for the industry in Texas.
United States Environment
HK
Holland & Knight
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Clean Air / Pollution

Article
District Court Enjoins EPA From Reclassifying California’s Clean Air Act Waivers
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.
United States Environment
AP
Arnold & Porter
Article
New Jersey Supreme Court To Review NJDEP's Environmental Justice Rules
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.
United States Environment
RD
Riker Danzig LLP
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Climate Change

Article
Federal Court Holds New York’s Climate Superfund Law Preempted By CAA
A federal court has struck down New York's Climate Change Superfund Act, which sought to recover $75 billion from fossil fuel companies based on historical emissions. The ruling found the Act preempted by the Clean Air Act, marking the first judicial decision on state climate superfund legislation and establishing that EPA's rescission of the endangerment finding does not alter preemption analysis.
United States Environment
JD
Jones Day
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Waste Management

Article
Comments Due: Vermont EPR For Household Hazardous Waste Program Plan Public Comment Period Closes September 10
Vermont's groundbreaking extended producer responsibility program for household hazardous products enters a critical phase as the state agency releases its draft implementation plan. With registration deadlines already in effect and new compliance requirements on the horizon, manufacturers of aerosols, cleaning products, motor oil containers, and similar consumer goods face significant operational and financial obligations. The draft plan outlines collection systems, municipal reimbursement formulas, and pr
United States Environment
BC
Bergeson & Campbell
Article
Oregon's Extended Producer Responsibility Law Upheld Following Constitutional Challenges In National Ass'n Of Wholesale Distributers v. Feldon
A federal court has issued the first ruling on the constitutionality of state extended producer responsibility laws, upholding Oregon's Plastic Pollution and Recycling Modernization Act against industry challenges. The decision addresses critical questions about whether EPR programs violate the Commerce Clause and Due Process protections, with implications for similar legislation in California, Colorado, and other states. Companies subject to Oregon's EPR regulations must continue complying with registratio
United States Environment
KG
K&L Gates LLP
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