New Report Reveals Environmental Issues Among Some TPP Members

California's Assembly Bill 550 proposes to expand the state's endangered species permitting framework by allowing incidental take permits for species merely proposed for listing, rather than requiring full candidate status. While technically available to all developers, the bill's provisions primarily benefit renewable energy projects by providing regulatory continuity and reducing species-related disruptions during the lengthy development process required to meet California's aggressive clean energy target

Texas Governor Greg Abbott has escalated regulatory oversight of data center development by directing the Texas Water Development Board to enforce water use reporting requirements with potential legal consequences. The directive comes amid growing concerns about data centers' impact on rural communities and signals significant regulatory changes ahead for the industry in Texas.

The Fifth Circuit's landmark decision in East Fork Enterprises v. EPA vacates the agency's methylene chloride risk management rule, establishing new precedents for how TSCA requires condition-specific risk determinations, treatment of workplace protective equipment, and evidentiary standards. This ruling could fundamentally reshape EPA's approach to chemical regulation and influence pending litigation involving asbestos, trichloroethylene, and other substances.

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.

The Senate's failure to achieve the 60-vote threshold on the Digital Asset Market Clarity Act leaves the timeline for comprehensive federal cryptocurrency regulation uncertain. Two key obstacles emerged: concerns over ethics provisions designed to prevent senior officials from profiting from digital ventures, and unresolved disputes over activity-based rewards and yield payments on stablecoins that banking groups warn could drain deposits from community banks.

How can multinational corporations effectively navigate the complex landscape of tax disputes across multiple European jurisdictions? This analysis examines strategic approaches and procedural considerations...

The SEC has proposed a comprehensive modernization of federal transfer agent rules that would expressly permit the use of blockchain technology as a master securityholder file. The proposal introduces technology-neutral language alongside new reporting requirements for distributed ledger technology usage and tokenized securities activity.

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

The Ninth Circuit Court of Appeals vacated a preliminary injunction against Perplexity AI, determining that when an AI agent acts at a user's direction, it is the user—not the AI company—who "accesses" computer systems under federal and California computer fraud statutes. This landmark appellate decision addresses how existing computer-access laws apply to agentic artificial intelligence and has significant implications...

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.

The European Commission has adopted final Guidelines on exclusionary abuses of dominance under Article 102 TFEU, introducing a "workable effects approach" that narrows presumptions while expanding guidance on objective justifications and recognizing sustainability benefits as valid efficiencies for the first time. These Guidelines replace the 2008 Enforcement Priorities Guidance and are expected to significantly impact enforcement practices across EU Member States and beyond, particularly for digital market

In a recent PTAB decision, Director Squires addressed whether Microsoft's IPR petition should proceed despite Sandpiper CDN's discretionary denial request. The ruling hinged on two critical factors: the novelty of Microsoft's art citations and Sandpiper CDN's failure to disclose its own commonly assigned prior art during patent prosecution. This case provides important guidance on how patent owners' prosecution conduct can impact discretionary denial outcomes at the Patent Trial and Appeal Board.

The European Commission has proposed replacing the EU's three core procurement directives with a single, directly applicable Regulation that would fundamentally reshape how companies compete for public contracts across Member States. The reform introduces mandatory quality criteria thresholds, embeds ESG considerations as evaluation factors, and establishes new security and European-preference provisions that could restrict participation based on ownership, supply chain exposure, and strategic dependencies.

Early decisions about a start-up's legal structure can dramatically affect tax outcomes and financial returns as the company grows and reaches liquidity events. Understanding the Qualified Small Business Stock (QSBS) exemption and implementing proper structuring from the outset can significantly enhance returns for both founders and investors.