Intelligence

The Environmental Protection Agency and U.S. Army Corps of Engineers have issued a supplemental proposal that would dramatically narrow the definition of federally regulated waters under the Clean Water Act, requiring perennial flow for tributaries and year-round surface water connections for wetlands. This September 2026 proposal responds to public criticism of earlier standards and could exclude many intermittent streams and seasonal wetlands from federal jurisdiction. Stakeholders have until October 9, 2

On September 28, 2026, a Seattle federal court in North Cascades Conservation Council v. National Park Service issued a temporary restraining order (TRO) halting construction of a road segment within the channel of the Stehekin River in the North Cascades National Park Complex, after finding a strong likelihood that the National Park Service (NPS) violated the National Environmental Policy Act (NEPA) by relying on a categorical exclusion that did not adequately consider impacts to aquatic habitat and ecology.

Texas Governor Greg Abbott has directed state agencies to halt all data center permits until comprehensive audits assess the projects' impacts on electric infrastructure, residential ratepayers, and water resources. The directive requires data centers to fully fund necessary electric infrastructure and comply with enhanced reporting requirements, while the governor signals potential legislative action to codify new protections and phase out certain tax incentives.

Verra has launched Version 1.0 of its Scope 3 Standard Program, introducing a new framework for quantifying, verifying, and certifying greenhouse gas emission reductions within corporate value chains. The program adapts existing Verified Carbon Standard methodologies to enable companies to measure and report value-chain decarbonization investments with greater certainty. As corporate accounting frameworks evolve and the GHG Protocol develops new guidance, this initiative could reshape how companies approach

A federal appeals court has struck down EPA's methylene chloride regulation under TSCA, fundamentally challenging the agency's approach to chemical risk evaluation and management. The unanimous Fifth Circuit decision vacates both the 2022 risk determination and 2024 rule, potentially forcing EPA to revise its methodology for assessing chemical risks across multiple substances. Will this landmark ruling reshape how EPA regulates toxic chemicals and impact pending challenges to other chemical management rules

The U.S. Department of Justice has revised its Justice Manual to clarify that noncompliance with nonbinding agency guidance cannot, by itself, establish a criminal violation in environmental enforcement cases. Companies facing environmental investigations now have a concrete basis to distinguish between legally mandatory requirements and recommended practices, though guidance remains relevant as evidence of knowledge, technical standards, and compliance representations.