The amended rule adds to the growing patchwork of state-level PFAS laws and to compliance burdens.
By Julia A. Hatcher, Tom Lee, and Hunter J. Kendrick
Key Points
Any product in excess of the 50 ppm total fluorine threshold is presumed to contain “intentionally added” PFAS and subject to the rule unless this presumption is rebutted with “credible…
This year we expect ESG/sustainability to be influenced by several macro trends, including technology, geopolitics, and capital markets.
By Paul A. Davies, Betty M. Huber, and Michael D. Green
In 2026, we expect that business and legal leaders who successfully disentangle and separate economic, political, and legal risk with a clear strategic focus will be best able to…
Six legislative proposals from the Commission are intended to simplify environmental legislation.
By Paul A. Davies, Michael D. Green, James Bee, and Toon Dictus
Key Points:
Target areas for simplification include industrial emissions, circularity, extended producer responsibility, environmental assessments, and geospatial data.
The Environmental Omnibus will now be submitted to the European Parliament and the Council for…
Following complex negotiations, the EU has agreed substantive changes to sustainability reporting and due diligence rules.
By Paul A. Davies, Michael D. Green, James Bee, and Toon Dictus
Key Points:
Major changes to the CSRD and CSDDD include narrowed scope, removal of the climate transition plan obligation, and targeted exemptions and timing reliefs.
The final text reflects…
Proposed rules would reverse Biden-era regulations under the ESA and return to the regulatory framework implemented during the first Trump administration.
By Nikki Buffa, Jennifer K. Roy, and Janice M. Schneider
Key Points:
The proposed rules would revise definitions and analysis standards for interagency consultations, move toward species-specific rather than blanket protections, and increase agency discretion in determining…
The proposed rule would scale back federal jurisdiction under the Clean Water Act.
By Nikki Buffa, John C. Heintz, Michael G. Romey, Jennifer K. Roy, Lucas I. Quass, and Samantha Yeager
On November 17, 2025, the United States Environmental Protection Agency (EPA) and the Department of the Army, Corps of Engineers (USACE) (together with EPA…
The rule positions the Railroad Commission of Texas as the primary permitting authority over Class VI wells and could expedite CCS projects in the state.
By Joshua T. Bledsoe, Nikki Buffa, Jennifer K. Roy, Nolan Fargo, and Samantha Yeager
The US Environmental Protection Agency (EPA) has approved Texas’s application to assume primary enforcement responsibility, or “primacy,”…
California Governor Gavin Newsom signed legislation lifting moratorium on transportation of carbon dioxide by pipeline.
By Joshua T. Bledsoe, Marc T. Campopiano, Brian McCall, and Shawna Strecker
On October 10, 2025, Governor Gavin Newsom signed legislation aimed at boosting California’s carbon capture, removal, utilization and storage (CCUS) market. CCUS involves capturing carbon dioxide (CO2) from point-sources —…
With the new proposal, EPA seeks to limit the reporting burden on the chemical industry.
By Julia A. Hatcher, Tom Lee, and Hunter J. Kendrick
On November 10, 2025, the US Environmental Protection Agency (EPA) released its much anticipated proposed changes to what is often referred to as the “8(a)(7) Rule” that requires businesses to report on…
The Commission has proposed new amendments to streamline EUDR obligations, while maintaining the application date for large and medium enterprises.
By Paul A. Davies, Michael D. Green, James Bee, and Toon Dictus
On 21 October 2025, the European Commission (Commission) announced a proposal introducing amendments designed to facilitate the implementation of the EU Deforestation Regulation (EUDR). Notably…
New statute allows the government to recover costs and natural resource damages from a broad set of PRPs.
By Gary P. Gengel, Thomas C. Pearce, G. Jack Mathews, and Gina Kwon
On May 9, 2025, New York Governor Kathy Hochul signed into law a broad array of amendments to the state’s Environmental Conservation Law sections pertaining to…
A new proposal could delay the EUDR implementation to 30 December 2026, as the Commission cites IT concerns.
By Paul A. Davies, Michael D. Green, James Bee, and Toon Dictus
On 23 September 2025, the European Commission (Commission) announced that it will propose postponing the application of the EU Deforestation Regulation (EUDR) by an additional year.
The…
