D.C. Circuit Delays Oral Argument In Clean Power Plan Litigation

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.

As federal climate disclosure rules face rescission and state-level mandates remain largely stalled, California's SB 253 greenhouse gas reporting requirement stands as the sole advancing framework, creating a fragmented compliance landscape where multistate companies must navigate divergent regulatory trajectories. With the SEC's 2024 climate rules stayed and proposed for elimination, and California's Air Resources Board finalizing implementation mechanics for November 2026 reporting deadlines, the operatio

On 9 September 2026, the Environmental Protection Agency (EPA) and the US Army Corps of Engineers published a supplemental proposal to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act.1 The supplemental proposal builds on the agencies’ November 2025 proposed rule and responds to the Supreme Court’s 2023 decision in Sackett v. EPA, which significantly narrowed the scope of waters subject to federal jurisdiction under the Clean Water Act and established a new framework for determining which waters fall within that jurisdiction.

The EPA and Army Corps have issued a supplemental proposal that would fundamentally reshape federal Clean Water Act jurisdiction by replacing the controversial "wet season" framework with a stricter "perennial water" standard. This alternative approach would require water features to flow continuously year-round under ordinary conditions, with limited exceptions for brief dry periods, potentially excluding vast areas—particularly in the arid West—from federal wetlands regulation.