- The European Commission has opened a four-week consultation following the publication of a draft implementing regulation for CBAM on 13 May 2026.
- The draft rules explain how the payment of third-country carbon prices can reduce CBAM
Latham & Watkins LLP
EU ETS: European Commission Announces Additional Flexibilities, Including Updated Benchmarks
The package of measures recognises the need to promote energy security and combat rising costs.
By Michael D. Green and James Bee
Key Points:
- The Commission has outlined areas of ETS reform, including updated benchmarks for free allocations and a new €30 billion ETS Investment Booster.
- A medium-term ETS review is expected by July 2026 with the intention to “modernise” the system.
On 11 May 2026, the European Commission (Commission) presented updated EU Emissions Trading System (EU ETS) benchmarks for…
NRC Finalizes Generic Environmental Impact Statement for New Nuclear Reactors
- The GEIS covers a wide range of NRC licensing actions for new reactors, including construction permits, operating licenses, early site permits, combined licenses, and limited work authorizations.
- For new nuclear reactor applications, the GEIS resolves many issues that would otherwise require project-specific analysis.
European Commission Releases New EU Deforestation Regulation Measures
- The Commission has unveiled a package of EUDR measures aimed at providing guidance and easing implementation.
- The delegated act will adjust the range of commodities and products falling within the EUDR’s scope.
- The Commission has confirmed that it will not reopen the text of the EUDR, so companies should continue preparing for the 30 December
EPA’s Draft Sixth Contaminant Candidate List Targets Microplastics and Pharmaceuticals in Drinking Water
EPA’s decision, paired with a newly unveiled research program from the Department of Health and Human Services, increases scrutiny on these emerging contaminants.
By Julia A. Hatcher, Tom Lee, Hunter J. Kendrick, and Casey Lynn Kirk
On April 2, 2026, the US Environmental Protection Agency (EPA) Administrator, Lee Zeldin, announced the draft Sixth Contaminant Candidate List (CCL 6) at a joint event1 with Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. This…
The Conclusion of the Sustainability Omnibus Process
The Sustainability Omnibus has led to substantive amendments to the EU CSRD, EU CSDDD, and EU Taxonomy, bringing clarity on next steps.
By Michael D. Green, Betty M. Huber, David Little, James Bee, and Toon Dictus
On December 2025, after months of negotiation, the EU finalised Directive 2026/47, also known as the Detailed Omnibus Directive (Detailed Directive), which forms part of the first Omnibus package on sustainability. The Detailed Directive has resulted in substantive amendments to…
Toxic Substances Control Act in Transition: EPA, Courts, and Congress Race to Define TSCA’s Future
As EPA works to finalize a new existing chemicals risk evaluation framework rule, pending Fifth Circuit decisions and legislation introduced to amend TSCA could complicate the Agency’s plans.
By Julia A. Hatcher, Tom Lee, and Hunter J. Kendrick
For the third time since the Toxic Substances Control Act (TSCA) Section 6 was amended in 2016 to mandate existing chemical risk evaluations, the US Environmental Protection Agency (EPA or the Agency) is working to finalize a new iteration of…
FDA Publishes Study on PFAS in Cosmetics
- Based on product listings submitted from 2022 through August 2024 identifying all ingredients in each product, FDA identified 51 PFAS intentionally added as ingredients, which were present in 0.41% of the cosmetic products registered during that period.
- FDA evaluated the safety of the 25 most frequently used PFAS in
Carbon Removals and Carbon Farming: Recent EU Developments
- The EU has adopted methodologies for certifying activities that remove carbon dioxide from the atmosphere and store it.
- The voluntary EU CRCF framework is intended to build increased trust and transparency for carbon credit methodologies and is expected to influence existing and emerging practices for certification in the
EU Sustainability Omnibus Published in the Official Journal
The publication marks the finalisation of the Sustainability Omnibus process, resulting in increased certainty for businesses.
By Michael D. Green, James Bee, and Toon Dictus
On 26 February 2026, the EU’s Omnibus I Directive, otherwise known as the Sustainability Omnibus, which introduces significant amendments to the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CSDDD), was published in the Official Journal of the European Union.
The Directive will enter into force on 18 March…