New York Enacts Environmental Justice Permitting Law

Governor Greg Abbott has ordered the Texas Commission on Environmental Quality to immediately halt all environmental permits for data center projects, expanding a statewide regulatory freeze that now encompasses power, water, and environmental approvals. This directive establishes strict operational mandates requiring data centers to fully fund infrastructure costs, report all resource consumption...

Governor Abbott has ordered Texas environmental regulators to halt all data center permit issuance until grid operators complete a comprehensive audit in mid-December 2026. The sweeping directive affects not only grid-connected facilities but also fully islanded data centers relying on behind-the-meter generation, creating uncertainty for developers and their contractual obligations.

On September 21, 2026, Texas Governor Greg Abbott directed the Texas Commission on Environmental Quality (TCEQ) to halt issuance of permits to data centers until the Electric Reliability Council of Texas (ERCOT) completes an audit of impacts on the Texas electric grid and water resources.

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.

On September 30, Edgewell Personal Care Brands LLC was hit with a lawsuit in California superior court concerning its Carefree brand of menstrual liners.

California has enacted seven unprecedented bills targeting data center development, imposing sweeping new requirements for energy reporting, water consumption assessments, labor standards, and electricity rate structures. These laws fundamentally reshape the regulatory landscape for data centers, requiring detailed disclosures at multiple project stages while prohibiting categorical CEQA exemptions and establishing new interconnection rules that shift infrastructure costs directly to developers.

A federal district court has preliminarily enjoined the EPA from reclassifying California's Clean Air Act preemption waiver orders as "rules" subject to the Congressional Review Act. The court found that EPA's reclassification likely violated the Administrative Procedure Act and exceeded the agency's authority, though the order does not prevent Congress from proceeding with pending disapproval resolutions.

California has enacted comprehensive legislation requiring data center developers to disclose water usage and demonstrate supply adequacy before obtaining permits. These new laws impose water supply assessments, efficiency reporting, and drought contingency planning obligations that fundamentally reshape the regulatory landscape for data center development in the state.

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 EPA has released decisions on 34 small refinery exemption petitions from 2025, granting full or partial exemptions that total 1.76 million RINs - significantly more than initially estimated. This discrepancy has prompted the agency to announce a new rulemaking that will reallocate 100 percent of exempted volumes to 2026 and 2027 renewable volume obligations, potentially increasing compliance burdens for nonexempt obligated parties.

On September 21, 2026, Texas Governor Greg Abbott directed the Texas Commission on Environmental Quality (TCEQ) to halt issuance of permits to data centers until the Electric Reliability Council of Texas (ERCOT) completes an audit of impacts on the Texas electric grid and water resources.

Beginning October 10, 2026, the European Union will restrict certain concentrations of PFHxA and related substances in clothing and footwear, marking a significant expansion of PFAS regulations affecting the apparel and textile industry. Companies face a complex patchwork of requirements as France, Denmark, and multiple U.S. states implement their own PFAS restrictions with varying scopes, thresholds, and compliance approaches. Navigating these divergent regulations requires careful supply chain evaluation

President Trump issued a new Executive Order (EO) that directs agencies to streamline reviews, prioritize high-capacity projects, and support infrastructure critical to AI and national security.

On June 6, 2026, the U.S. District Court for the District of Columbia vacated Internal Revenue Service (IRS) Notice 2025-42, which eliminated the 5% Safe Harbor for most wind and solar projects seeking clean energy...

The U.S. Fish and Wildlife Service and National Marine Fisheries Service have finalized a rule rescinding longstanding regulatory definitions of "harm" under the Endangered Species Act, fundamentally changing how habitat modification is treated under federal wildlife protection law. This regulatory shift eliminates the interpretation that habitat modification or degradation, standing alone, constitutes prohibited "take" of listed species, potentially reducing permitting requirements for landowners and busin

Minnesota has again delayed its first-in-the-nation reporting deadline for per- and poly-fluoroalkyl substances (PFAS) in products. On April 15, 2026, the Minnesota Pollution Control Agency...

France has enacted groundbreaking legislation targeting ultra-fast fashion through increased extended producer responsibility fees based on product range breadth and repair incentives, while also mandating manufacturing-location disclosures and restricting advertising. As the EU's revised Waste Framework Directive allows Member States to adopt similar measures, France's approach may preview how textile EPR requirements evolve across Europe and potentially influence emerging U.S. state programs. Will other j

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.

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.

Virginia Governor Abigail Spanberger's Executive Order 22 introduces a comprehensive Data Center Accountability Framework that fundamentally reshapes how data centers will be developed, permitted, and operated in the Commonwealth. The sweeping initiative addresses transparency, environmental protection, energy costs, grid reliability, and community engagement while establishing an AI Task Force and designating the Office of the Chief Energy Officer to coordinate implementation. With immediate changes to non