AI's Double-Edged Sword: Navigating Environmental Impact And Opportunity (Podcast)

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

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.

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.

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.

The world’s broadest PFAS labeling obligation has been put on hold. On September 16, 2026, the U.S. District Court for the District of New Mexico granted an industry motion for a preliminary injunction against labeling requirements New Mexico enacted earlier this year. The court concluded that industry’s challenge to the labeling requirements was likely to succeed on the merits. The requirements were set to go into effect for products manufactured after January 1, 2027. Although further legal battles may remain, the program appears unlikely to take effect as scheduled.

This issue examines pivotal developments in carbon markets and climate policy, including California, Québec, and Washington's historic carbon market linkage agreement, the Trump Administration's use of Defense Production...

Three bipartisan bills passed by the U.S. House of Representatives aim to revolutionize domestic recovery and recycling of critical minerals from waste streams, particularly lithium-ion batteries. The legislation addresses regulatory barriers under RCRA that currently complicate battery recycling operations and establishes new federal programs to coordinate critical mineral recovery efforts. Will these measures successfully position America to compete in the global race for critical mineral independence?

The Fifth Circuit's decision in East Fork Enterprises v. EPA vacates EPA's methylene chloride risk management rule and underlying unreasonable risk determination, fundamentally challenging the agency's approach to TSCA administration. The ruling addresses critical issues including the "whole chemical" versus "condition of use" methodology, EPA's treatment of personal protective equipment in risk assessments, and the interpretation of "unreasonable risk" under TSCA.

A federal judge has upheld Oregon's Plastic Pollution and Recycling Modernization Act against constitutional challenges, finding that the state's Extended Producer Responsibility program does not violate the Dormant Commerce Clause or Due Process Clause. The decision addresses critical questions about how much regulatory authority states may delegate to private producer responsibility organizations and what procedural protections producers must receive when mandatory fees are assessed.

Massachusetts imposed new requirements on data center projects with peak electricity demand exceeding 25 megawatts by Executive Order 658 on September 8, 2026. State permitting agencies cannot issue permits or authorizations for covered projects unless developers comply with the Healey-Driscoll administration’s June 2026 data center development and operations framework and submit a community benefits agreement (CBA) consistent with the Massachusetts Office of Environmental Justice and Equity (OEJE) March 2026 guidelines for community benefit plans (CBPs) and agreements.