Extended Producer Responsibility: A State By State Guide

The EPA has released decisions on 34 small refinery exemption petitions from 2025, granting full or partial exemptions that total 1.76 million RINs - significantly more than initially estimated. This discrepancy has prompted the agency to announce a new rulemaking that will reallocate 100 percent of exempted volumes to 2026 and 2027 renewable volume obligations, potentially increasing compliance burdens for nonexempt obligated parties.

Minnesota has again delayed its first-in-the-nation reporting deadline for per- and poly-fluoroalkyl substances (PFAS) in products. On April 15, 2026, the Minnesota Pollution Control Agency...

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 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.

The water regulatory landscape continues to evolve rapidly as federal agencies, courts, states, and regulated entities adjust to shifting legal and policy priorities.

The US Department of the Treasury and IRS have released new guidance establishing emissions rate tables and feedstock practices for the Section 45Z clean fuel production credit. The Notice addresses emissions rates for animal manure-derived transportation fuels and outlines how regenerative agricultural practices factor into credit calculations. Concurrently, the Department of Energy updated the 45ZCF-GREET model to include additional renewable natural gas pathways.

The U.S. Fish and Wildlife Service and National Marine Fisheries Service have finalized a rule rescinding longstanding regulatory definitions of "harm" under the Endangered Species Act, fundamentally changing how habitat modification is treated under federal wildlife protection law. This regulatory shift eliminates the interpretation that habitat modification or degradation, standing alone, constitutes prohibited "take" of listed species, potentially reducing permitting requirements for landowners and busin

A recent D.C. Circuit ruling upheld the EPA's classification of PFOA and PFOS as hazardous substances under CERCLA, fundamentally altering the litigation landscape for PFAS contamination cases. The decision introduces a relaxed causation standard that diverges from traditional proximate cause requirements, potentially reshaping defense strategies in environmental contamination disputes.

Pennsylvania Governor Josh Shapiro's Executive Order 2026-05 establishes a comprehensive regulatory framework for data center development, creating a two-track permitting system that distinguishes between facilities willing to comply with new GRID Requirements and those that decline.

The U.S. Fish and Wildlife Service's new "Harm Rule" fundamentally reshapes Endangered Species Act enforcement by eliminating habitat modification as a form of prohibited "take," potentially requiring only direct, intentional acts against listed species to trigger federal protections.

The Department of Justice has secured major settlements totaling over $550 million against companies for customs fraud, signaling an aggressive enforcement posture on trade violations. These cases demonstrate that businesses of all sizes face significant civil and criminal liability for misrepresenting imported goods to evade tariffs and duties. Companies must now evaluate their supply chains and compliance programs to avoid becoming the next target of DOJ's Trade Fraud Task Force.

The parties in a lawsuit alleging Kellogg Sales Co. misrepresented its cereals as healthy have reached an agreement that would require the company to pay $20 million ...

The Michigan Department of Environment, Great Lakes, and Energy (EGLE) is poised to begin enforcing tougher permit standards for concentrated animal feeding operations (CAFOs)...

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The U.S. Government Accountability Office (GAO) has conducted a study on how "use by" and "best by" dates on food products could be improved to reduce food waste.

For the first time in a number of years, overtime regulations under the Fair Labor Standards Act (FLSA) have been updated.

hook Public Policy Co-Chair Mark Behrens has partnered with Ashley Garry of Eli Lilly and Co.'s Litigation and Legal Compliance ...

The Third Circuit Court of Appeals rejected a First Amendment challenge by the Greater Philadelphia Chamber of Commerce...

The U.S. Food and Drug Administration (FDA) has issued a consumer update on cannabidiol (CBD) products and other products containing ingredients derived from cannabis.

Food & Water Watch Inc. (FWW) has filed a lawsuit alleging that the U.S. Department of Agriculture (USDA) has "engaged in dilatory and obstructionist tactics" to avoid fulfilling the ...