Market Intelligence

There has been extensive reporting and commentary on the Bipartisan American Affordability and Jobs Act of 2026 (S. 5653) since it was first introduced on September 30, 2026. Title III of the bill proposes a limited number of amendments to the Endangered Species Act (ESA). Each of the proposed amendments is summarized below.

The U.S. Environmental Protection Agency has approved Colorado's request to administer the federal Class VI underground injection control program for carbon dioxide storage wells, making it the seventh state to receive such authority. Beginning November 12, 2026, the Colorado Energy and Carbon Management Commission will become the primary permitting and enforcement authority for Class VI wells, implementing a comprehensive framework that pairs federal injection well requirements with Colorado-specific revie

The EPA has proposed sweeping changes to its 2024 oil and gas methane rules, including rescinding the Super Emitter Program, replacing routine flaring prohibitions with a 95% emission reduction standard, and creating a new subcategory for marginal wells producing 15 barrels of oil equivalent per day or less. The proposal, which lacks regulatory text and seeks comment on over 80 specific topics, projects $45 billion in savings and may represent the first stage of a multi-step rulemaking process.

The U.S. Court of Appeals for the Fifth Circuit's decision in East Fork Enterprises v. EPA vacated the agency's methylene chloride risk management rule and underlying unreasonable risk determination, establishing new precedents for how EPA must conduct chemical risk assessments under the Toxic Substances Control Act. The ruling addresses critical issues including the requirement for condition-specific risk evaluations, consideration of personal protective equipment, and the legal standard for determining un

This quarterly newsletter examines critical developments in chemical regulatory law, covering litigation outcomes that reshape EPA's authority under TSCA, landmark Supreme Court decisions on pesticide labeling preemption, and emerging state and international frameworks governing PFAS and other chemicals of concern. The edition analyzes how recent Fifth Circuit rulings on methylene chloride regulations may fundamentally alter EPA's approach to risk evaluations and management rules across its entire existing

California's Climate Corporate Data Accountability Act (SB 253) establishes a November 10, 2026 deadline for Scope 1 and Scope 2 greenhouse gas emissions reporting, affecting U.S.-formed entities with over $1 billion in revenue that meet California's "doing business" test—regardless of physical presence in the state. The law carries penalties up to $500,000 per reporting year for non-compliance, with mandatory program fees and future Scope 3 reporting requirements on the horizon.