Share on LinkedInShare on LinkedIn

ARTICLE · 23 JULY 2026

Environmental Essentials Webinar Series – Federal Developments Affecting Air Permitting (Video)

Bracewell LLP
Bracewell LLP
Contributor
Bracewell LLP

Bracewell LLP

Paris is a vital energy hub in Europe, and our Paris office plays a central role in helping address...

View firm profile
Explore more from Bracewell LLP

EPA has proposed significant changes to air quality regulations, including redefining "begin actual construction" for the new source review program and modifying federal public participation standards for minor NSR permitting. These regulatory shifts, along with new guidance on emissions offsets and ongoing challenges to PM2.5 National Ambient Air Quality Standards, will have substantial implications for air permitting processes across Texas and other states with approved NSR programs.

United StatesEnvironment
Whit Swift
Whit Swift

self

EPA has proposed to redefine “begin actual construction” for purposes of the new source review (NSR) program. In early July 2026, EPA issued a proposed rule that would change federal public participation standards for minor NSR permitting and released new guidance on emissions offsets for nonattainment NSR. And EPA’s first effort to undo the 2024 change in the annual PM2.5 National Ambient Air Quality Standard (NAAQS) was unsuccessful in court. Whit Swift discussed these and other federal developments and how they might affect air permitting in Texas and other states with approved NSR permitting programs.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Read more about

Related Comparative Guides

See more popular content from

Article

WOTUS Proposed Rule Second Comment Period Ends October 9, 2026

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.
United StatesEnvironment
Stites & Harbison PLLC
Stites & Harbison PLLC
Article

Federal Court Enjoins Sweeping New Mexico PFAS Labeling Obligations

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.
United StatesEnvironment
Beveridge & Diamond, P.C.
Beveridge & Diamond, P.C.
Article

U.S. House Of Representatives Passes Three Bipartisan Bills To Promote Recovery And Recycling Of Critical Minerals From Lithium-Ion Batteries And Other Wastes

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?
United StatesEnvironment
Beveridge & Diamond, P.C.
Beveridge & Diamond, P.C.
Article

Fifth Circuit Vacates EPA’s TSCA Risk Management Rule For Methylene Chloride

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.
United StatesEnvironment
Arnold & Porter
Arnold & Porter
Article

Analysis Of Oregon EPR Litigation: Arguments And Conclusions

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.
United StatesEnvironment
Bergeson & Campbell
Bergeson & Campbell
Article

Massachusetts Conditions Large Data Center Permits On Community Agreements

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.
United StatesEnvironment
Beveridge & Diamond, P.C.
Beveridge & Diamond, P.C.
Article

Rescinded, Required, Pending: Mapping U.S. Climate Disclosure Rules In 2026

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
United StatesEnvironment
Jones Day
Jones Day
Article

EPA’s Supplemental WOTUS Proposal: What Permit Applicants Should Know

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.
United StatesEnvironment
K&L Gates
K&L Gates
Article

EPA And Army Corps Reopen WOTUS Rulemaking: A Potentially Narrower Framework, But Continued Uncertainty For Permittees

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.
United StatesEnvironment
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins Leck Gamble Mallory & Natsis LLP
Article

No Surprises Act IDR Portal Overhaul: Key Changes For Providers And Payers

The No Surprises Act's Independent Dispute Resolution process is undergoing a major technology transformation with a new centralized portal for open negotiations. This development introduces standardized procedures for billing disputes between healthcare providers and payers, but also raises critical questions about compliance, system capacity, and whether the portal adequately addresses persistent challenges in payment collection and claim eligibility determination.
United StatesFood, Drugs, Healthcare, Life Sciences
Bracewell LLP
Bracewell LLP
Article

Trump Administration Issues Executive Order Regarding Bulk Power System Equipment; DOE Requests Further Information

President Trump's Executive Order 14421 establishes a comprehensive framework for screening foreign-produced equipment in the U.S. bulk-power system, potentially affecting transformers, inverters, battery storage, and control systems tied to certain foreign entities. The Department of Energy has 120 days to issue implementing regulations and is seeking stakeholder input through a Request for Information to balance grid security concerns with reliability, supply chain constraints, and economic impacts across
WorldwideEnergy and Natural Resources
Bracewell LLP
Bracewell LLP
Article

Federal Agencies Propose Additional Revisions To The Definition Of ‘Waters Of The United States’

The US Army Corps of Engineers and EPA have released a supplemental proposal that further refines the regulatory definition of "waters of the United States" under the Clean Water Act. The proposed changes introduce bright-line tests for determining jurisdictional waters, requiring perennial flow and continuous surface connections rather than seasonal standards. These revisions aim to align federal regulations more closely with the Supreme Court's Sackett v. EPA decision while potentially narrowing the scope
United StatesEnvironment
Bracewell LLP
Bracewell LLP
Article

KKR Agrees To Historic $250 Million Penalty For Alleged Violations Of HSR...

The Department of Justice announced a landmark $250 million settlement with KKR & Co. for allegedly submitting deficient Hart-Scott-Rodino Act notification forms across at least 16 transactions. This unprecedented penalty, the largest ever for HSR violations, raises critical questions about merger notification compliance obligations and the consequences of systemic noncompliance with federal antitrust review requirements.
United StatesAntitrust/Competition Law
Bracewell LLP
Bracewell LLP
Article

Trends In Russian Sanctions Enforcement In Europe And The UK

European and UK authorities are dramatically escalating sanctions enforcement against Russia-related violations, marking an unprecedented shift from policy development to aggressive prosecution. Recent actions span criminal convictions with multi-year prison sentences, substantial asset seizures, maritime interdictions of shadow fleet vessels, and penalties targeting both physical goods and digital infrastructure networks.
United KingdomCriminal Law
Bracewell LLP
Bracewell LLP
Podcast

KCAB International’s New 2026 Arbitration Rules: Seoul’s Bid To Become Asia’s Next Arbitration Hub (Podcast)

KCAB International has unveiled sweeping changes to its arbitration framework, introducing a new International Arbitration Court, revised cost structures, and streamlined procedures for fast-track and expedited cases. Can Seoul leverage these reforms to position itself as Asia's third major arbitration hub alongside Singapore and Hong Kong?
South KoreaLitigation, Mediation & Arbitration
Bracewell LLP
Bracewell LLP
Article

Operation Economic Outcast: Two Key Updates Two Weeks In

The Trump administration's Operation Economic Outcast represents an unprecedented escalation in Iran sanctions enforcement, threatening secondary sanctions against entire countries while expanding sectoral restrictions and targeting financial institutions globally. Two weeks into implementation, the campaign reveals a complex geopolitical landscape where major powers like China and Russia openly defy US demands, while European allies navigate conflicting legal obligations between supporting American
WorldwideInternational Law
Bracewell LLP
Bracewell LLP