The Endangered Species Act: What Constitutes Harm? (Video)

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

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.

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.

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.

New Mexico's Environment Department has clarified that its controversial PFAS labeling requirements, set to take effect January 1, 2027, will not apply to industrial products. The clarification addresses significant concerns about the scope and burden of labeling requirements for products containing intentionally added per- and polyfluoroalkyl substances (PFAS), limiting enforcement to consumer products as defined in the PFAS Protection Act.

California's "Truth in Recycling" law faces a critical October 4 deadline despite a federal court order blocking enforcement by the state Attorney General. Companies must navigate complex requirements for recyclability claims on products and packaging, including stringent collection and processing thresholds, while uncertainty remains about private enforcement and the law's ultimate fate in ongoing litigation.

The EPA has released its draft risk evaluation for ethylene dibromide under TSCA, identifying unreasonable risks to workers and occupational non-users from inhalation and dermal exposure across ten conditions of use. With a February 2027 court-ordered deadline looming, EPA must navigate public comments, peer review, and finalize the evaluation while broader questions remain about the agency's approach to assessing worker risks and coordinating with OSHA on risk management.

Los Angeles County has published draft amendments to its Renewable Energy Ordinance that would significantly restrict utility-scale Battery Energy Storage Systems, green hydrogen projects, and solar development through extensive geographic prohibitions and heightened regulatory requirements. The proposed changes would prohibit development in significant ecological areas, high fire hazard zones, and near sensitive uses, while continuing the ban on utility-scale wind projects throughout the County.

A decade after the Lautenberg Amendments transformed chemical safety regulation, experts convene to examine the ongoing debate over EPA's new chemical review process under TSCA Section 5. The discussion addresses whether current implementation adequately protects public health while fostering innovation, and explores persistent challenges in evaluating reasonably foreseen conditions of use and the effectiveness of significant new use rules.

Karen R. Harned, Director of Litigation and Legal Policy for the National Association of Wholesaler-Distributors, discusses the federal challenge to Oregon's Extended Producer Responsibility law. The conversation explores NAW's mission, the Legal Policy Center's role, and the reasons behind the lawsuit against Oregon, culminating in Judge Michael H. Simon's August 27, 2026 ruling.

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.

Australia's mandatory merger control regime undergoes significant refinement through new legislation that addresses practical challenges businesses have faced since its 2026 introduction. The amendments fundamentally reshape how control and associate relationships are assessed, what happens when acquisitions aren't properly notified, and how parties can manage completion timelines for approved mergers.

The Australian Government has unveiled its Financial Innovation Strategy, introducing a new Financial Innovation Committee and overhauling the Enhanced Regulatory Sandbox framework to better support emerging businesses testing innovative financial products. The strategy encompasses reforms across consumer data rights, digital assets, tokenised infrastructure, and regulatory frameworks designed to position Australia as a leader in financial innovation.

The SEC has proposed rescinding its 2010 pay-to-play rule that restricted political contributions by investment advisers and their employees to government officials. After nearly sixteen years of enforcement, the Commission now characterizes the rule as having "significant unintended consequences" with draconian penalties for minor violations, proposing instead to rely on existing antifraud provisions to address pay-to-play practices.

A federal court has issued the first ruling on the constitutionality of state extended producer responsibility laws, upholding Oregon's Plastic Pollution and Recycling Modernization Act against industry challenges. The decision addresses critical questions about whether EPR programs violate the Commerce Clause and Due Process protections, with implications for similar legislation in California, Colorado, and other states. Companies subject to Oregon's EPR regulations must continue complying with registratio

The United Kingdom has introduced a new disclosure regime for investment products that are made available to retail investors in the United Kingdom. The new requirements apply to consumer composite investments (CCIs) and took effect on 6 April 2026. The CCI regime is a significant regulatory change that applies to any firm—including non-UK firms—that make investment products that are CCIs available to retail investors in the United Kingdom.

The Full Federal Court of Australia has handed down its appeal decision in Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103 which provides guidance regarding the application of copyright infringement principles to the packaging of look-alike products.

A year ago, the firm warned that litigation brought by Auxin Solar could expose importers and project participants to substantial retroactive antidumping and countervailing duty liability. Since then, the US Court of International Trade (CIT) has ruled that the Biden administration’s two-year suspension of tariff collection was unlawful, creating the possibility that duties may ultimately be imposed on certain solar products imported from Southeast Asia between 2022 and 2024.

The Commodity Futures Trading Commission has proposed new regulations addressing conflicts of interest in vertically integrated market structures where exchanges and clearinghouses share common ownership with trading firms and intermediaries. The proposal introduces prescriptive safeguards including prohibitions on affiliate principal trading firms, enhanced disclosure requirements, and mandatory information barriers to address concerns about preferential treatment, misuse of nonpublic information, and mark

The Ministry of Labour (MOL) is taking steps to implement these amendments, and ministerial resolutions are expected to be issued in due course to provide further guidance to companies falling within its jurisdiction.