Mercurial Regulators Making Fishy Calculations

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?

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.

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.

New Mexico's Environment Department has clarified that its controversial PFAS labeling requirements, set to take effect January 1, 2027, will not apply to industrial products. The clarification addresses significant concerns about the scope and burden of labeling requirements for products containing intentionally added per- and polyfluoroalkyl substances (PFAS), limiting enforcement to consumer products as defined in the PFAS Protection Act.

California's "Truth in Recycling" law faces a critical October 4 deadline despite a federal court order blocking enforcement by the state Attorney General. Companies must navigate complex requirements for recyclability claims on products and packaging, including stringent collection and processing thresholds, while uncertainty remains about private enforcement and the law's ultimate fate in ongoing litigation.

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President Claudia Sheinbaum has submitted a significant initiative to amend Mexico's Foreign Investment Law, introducing national security screening mechanisms for foreign investments in sensitive sectors.

Connect with experienced legal professionals specializing in various practice areas through their direct contact information. Access expertise across intellectual property, corporate law, and other legal services from attorneys at a leading law firm.

Maryland has amended its franchise registration and disclosure law with changes taking effect October 1, 2026. The amendments extend enforcement authority, expand franchisee claims periods, clarify jurisdictional scope, establish franchisee association rights, and codify a fast-track renewal program for franchise disclosure documents.

Artificial intelligence may live in the cloud, but the underlying infrastructure that makes it possible for AI to perform is decidedly physical—and increasingly power hungry.

As generative AI patent filings surge globally, companies developing autonomous systems, robotics, and physical AI face new strategic challenges from incumbent patent holders and international filers. Understanding which innovations to patent versus protect as trade secrets has become critical for navigating this rapidly evolving landscape.

The doctrine of obviousness-type double patenting (“OTDP”) is one of the most complicated aspects of U.S. patent law, but the U.S. Court of Appeals for the Federal Circuit soon will have an opportunity to limit when OTDP can arise.

Scott Ellis is a legal professional at Foley & Lardner LLP, where he provides counsel to clients across various practice areas. His expertise and experience position him to deliver strategic legal solutions tailored to complex business challenges. Contact information and professional details are available for those seeking his legal services.

Meet the legal professionals at Foley & Lardner LLP who specialize in serving clients across various practice areas. This directory provides direct contact information and professional profiles for attorneys Roberto Arena Reyes Retana, Marco Najera Martinez, Andres Alvarez Cordero, and Lilia Alvarez.

The surge in generative AI patents has nearly tripled from 2023 to 2025, with over 37,800 patent families published by early 2025 according to WIPO and EconSight analysis. For companies developing autonomous systems, robots, drones, and other physical AI solutions, understanding who is filing these patents and what technologies they target has become critically important for strategic planning and competitive positioning.