Recourse For USMCA Environmental Issues

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.

BLG VP Bob Brewer is joined by DC Counsel Jim Holbein to discuss the new book From Genius Act to State Innovation The US Stablecoin Framework​

Bob Brewer of The Braumiller Group is joined by Ginger in a discussion about China's dominance in Humanoid Robotics.

Bob Brewer of The Braumiller Group is joined by Victoria Holmes of the Dispatch to talk about global trade and drones​.

A weekly view of the 2026 USMCA joint review: what has changed, what has not, and what it means for your compliance program.

Bob Brewer, Braumiller Law Group is joined by Victoria Holmes from The Dispatch. Any and All Things Related to the Strait of Hormuz Hot Topics in International Trade​

The U.S. sanctions landscape continues to evolve as the current Presidential Administration increasingly relies on sanctions and targeted licensing to advance its foreign policy objectives in Cuba and Venezuela. Although these policies pursue markedly different economic outcomes, both are implemented through the same sanctions framework. On one hand, the Administration has sought to expand economic opportunities in Venezuela by broadening authorizations for limited commercial activity through OFAC general licenses.

The GENIUS Act became Public Law 119-27 one year ago on July 18, 2025 (GENIUS Act — Public Law 119-27). Multiple federal regulators are preparing the regulatory framework to integrate digital money in the form of payment stablecoins into the existing conventional banking system. States are also exploring the use of stablecoins for payments and digital assets as a class of financial assets. All of this activity is building a new digital payments economy.

An announcement will take place next month at the 2026 New Delhi summit kicking off what some would consider the structural take off for BRICS and the beginning of the end for the U.S. dollar. What is that? BRICS Pay. First, let’s start with what BRICS Pay is not. Russian Senator Vladimir Dzhabarov says that this is not a single currency, but rather a payment system. The purpose behind the platform is to link national payment systems and potentially, and in the future, link digital currencies of the central banks.

Council members in my Rust Belt city do something that has bothered me ever since I started paying attention. At virtually every legislative session that I have observed, when voting to adopt a new measure, they declare a “state of emergency”. Occasionally a resident asks a council member why they do this. Their response is that the city’s charter normally requires them to read a measure twice before passing it, which delays its effective date – but if they declare an emergency, then the measure is effective immediately.

The war with Iran is being fought with missiles, aircraft and naval forces, but some of its most consequential effects are disruptions impacting energy markets, international shipping, insurance, supply chains, and prices, while adding another layer of sanctions and tariff risk to international trade. The result is particularly significant because the Strait of Hormuz, at the center of the conflict, is one of the most important arteries in world commerce.