News & Analysis as of

Environmental Updates

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Grant County Wood Utility...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Stella-Jones Corporation (“SJC”) entered into a May 21st Consent Administrative Order (“CAO”) addressing alleged violations of...more

Baker Botts L.L.P.

Carbon Sequestration Advances in Texas as EPA Proposes to Grant Class VI Primacy

Baker Botts L.L.P. on

On June 9, 2025, EPA issued a prepublication version of the proposed rule granting Class VI underground injection control (“UIC”) primary enforcement authority (“primacy”) to Texas. Class VI UIC wells are used for the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Battery Stewardship Act: Colorado Enacts Legislation Establishing a Framework for Management

The Colorado Legislature has enacted, and the Governor signed Senate Bill 25-163, which is titled: The Battery Stewardship Act (“Act”). The Act establishes a framework addressing the collection, transportation,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil and Gas Waste/Hazardous Materials Regulations: Environmental Organizations Submit Request for Pipeline and Hazardous Materials...

EARTHJUSTICE on behalf of a number of other organizations submitted a June 4th document to three federal agencies styled: Request for Enforcement of Hazardous Materials Laws in U.S. Oil and Gas Fields (“Request”)....more

Lowenstein Sandler LLP

Recoverability of State Response Costs to Be Determined Under an Arbitrary and Capricious Standard of Review Limited to the...

Lowenstein Sandler LLP on

On May 30, the United States District Court for the Central District of California determined that judicial review of whether state response costs are recoverable under Section 107(a)(4)(A) of the Comprehensive Environmental...more

Brownstein Hyatt Farber Schreck

Limón Wins the Vote—But Not the Gavel Just Yet

On June 9, 2025, California State Senate Democrats voted in caucus to elect Sen. Monique Limón (D-Goleta) as the next president pro tempore. She is set to succeed current Senate President Pro Tem Mike McGuire in early 2026,...more

K&L Gates LLP

Course Correction: Supreme Court Steers Toward Greater Predictability in NEPA Reviews

K&L Gates LLP on

On 29 May 2025, the Supreme Court unanimously declared that a “course correction” was needed for cases under the National Environmental Policy Act (NEPA), holding that a law originally meant to be a procedural check to inform...more

Pillsbury - Gravel2Gavel Construction & Real...

Interior Department Streamlines NEPA, ESA, NHPA Reviews for Geothermal Energy Projects

The U.S. Department of the Interior (DOI) announced on May 30 that it will invoke emergency permitting procedures to accelerate environmental review of select geothermal energy projects, with three proposed geothermal...more

Pillsbury Winthrop Shaw Pittman LLP

Water, Reused: Texas Reshapes Liability and Regulatory Rules on Produced Water, Leaves Ownership Questions Unanswered

The Texas legislature passed a series of bills aimed at modernizing the legal and regulatory landscape for the handling and reuse of produced water—a byproduct of oil and gas operations. These developments address permitting,...more

Saul Ewing LLP

Supreme Court Mandates Substantial Deference to Agency Decisions Under NEPA in Seven County Infrastructure Coalition v. Eagle...

Saul Ewing LLP on

Overview - On May 29, 2025, the Supreme Court issued a significant decision in Seven County Infrastructure Coalition v. Eagle County, 605 U.S. __ (2025), clarifying the scope of judicial deference to agencies’ procedural...more

Schwabe, Williamson & Wyatt PC

Washington Department of Ecology Proposes New Permitting Program for Projects that Alter or ‎Impact Waters of the State

On June 10, 2025, the Washington Department of Ecology (“Ecology”) published a CR-101 Preproposal Statement of Inquiry to develop a new permitting program for projects that could “alter” or “impact” waters of the state. The...more

Troutman Pepper Locke

Déjà vu? FWS Solicits Feedback to Update Section 10(a) of the ESA

Troutman Pepper Locke on

On Monday, June 9, the U.S. Fish and Wildlife Service (FWS) opened a short, 30-day public comment period soliciting information and comments to, “improve the overall efficiency and effectiveness” of Section 10(a) take...more

MG+M The Law Firm

Bitter Aftertaste: PFAS Found in US Beer

MG+M The Law Firm on

The Environmental Science & Technology Journal found in a 2025 study that 95% of 23 tested beers brewed across the United States contain varying levels of per- and polyfluoroalkyl substances (PFAS). PFAS are synthetic...more

Blake, Cassels & Graydon LLP

Qui paie la note? Responsabilité élargie des producteurs et possibles répercussions sur votre entreprise

Au cours des deux dernières décennies, les législateurs fédéraux et provinciaux ont mis en place des régimes de responsabilité élargie des producteurs couvrant un éventail toujours plus étendu de produits, comme les...more

Maynard Nexsen

Key Takeaways and Lingering Questions from the Public Workshop on California’s Climate Disclosure Rules

Maynard Nexsen on

Status Update - On May 29, 2025, the California Air Resources Board (“CARB”) held a virtual public workshop on California’s climate reporting laws, Senate Bill 253 (The Climate Corporate Data Accountability Act) and...more

Blake, Cassels & Graydon LLP

Competition Bureau Releases Guidelines on Environmental Claims

On June 5, 2025, the Competition Bureau (Bureau) released its highly anticipated final guidance on the new environmental claims provisions, also known as greenwashing, under the Competition Act (Act) (Guidelines)....more

Foley & Lardner LLP

Nuclear Power in 2025 – DOE Loan Programs Office (LPO) at the Forefront

Foley & Lardner LLP on

As the U.S. faces surging electricity demand from AI data centers, infrastructure upgrades and decarbonization goals, nuclear energy is re-emerging as a viable clean power source. Central to this 2025 revival is the U.S....more

Mintz

Ratings Agency Announces That It Will Analyze Physical Climate Risk When Evaluating Certain Assets

Mintz on

Recently, Fitch Ratings issued a discussion paper that outlined a “contemplated framework for the analysis of physical climate risk for [Structured Finance] and [Covered Bonds] for the potential negative implications of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Capacity to Capture Energy from Waste/American Biogas Council: Data/Interactive State-by-State Map Released

The American Biogas Council (“ABC”) released what it characterized as: … new data showing, on a state-by- state basis, the energy production and waste recycling benefits that a full build-out of potential biogas systems...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: Associated General Contractors of America Comments Addressing Potential Revisions

The Association of General Contractors of America (“AGC”) submitted April 23rd comments to the United States Environmental Protection Agency and U.S. Army Corps of Engineers (“collectively, “EPA”) regarding potential...more

Nossaman LLP

Proposition 4: California’s Historic $10 Billion Climate Investment and Path to Resilience

Nossaman LLP on

In the November 2024 election, California voters approved Proposition 4 – the Climate Bond, authorizing the state to issue $10 billion in general obligation bonds to fund climate resilience and environmental conservation...more

Shook, Hardy & Bacon L.L.P.

MAHA Report: UPFs, Chemical Exposures Tied to Childhood Chronic Disease

The Presidential Commission to Make America Healthy Again (MAHA) has released its assessment identifying key drivers of childhood chronic disease, including poor diet and aggregation of environmental chemicals. The report...more

Pillsbury Winthrop Shaw Pittman LLP

Geothermal Energy Efforts get a Boost from Texas Legislature Bills

Geothermal energy is rapidly gaining support in Texas as a viable and cost-efficient clean energy resource with substantial economic development prospects. With the ability to leverage the state’s existing oil and gas...more

Perkins Coie

Natural Gas and Coal-Fired Plants To Halt Retirement Under Trump Executive Order

Perkins Coie on

Key Takeaways - - Pursuant to President Trump’s executive order seeking to maximize the secretary of energy’s emergency authority under Section 202(c) of the Federal Power Act, the secretary’s two new orders have halted the...more

White & Case LLP

California Climate Disclosure Laws: CARB Affirms Reporting Deadlines, but Delays Regulations that Would Clarify Applicability

White & Case LLP on

On May 29, 2025, the California Air Resources Board ("CARB") affirmed the statutory deadlines for disclosures under SB 253 (the Climate Corporate Data Accountability Act) and SB 261 (the Climate-related Financial Risk Act)....more

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