• 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 evidence.”
  • Washington State’s adoption of a total fluorine threshold breaks from other states that previously adopted total organic fluorine thresholds,

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 Agencies) announced a proposed rule that would revise the definition of “waters of the United States” (WOTUS) under the

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,” for Class VI underground injection control (UIC) wells within the state. Class VI UIC wells are used for the permanent

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 — such as industrial facilities — transporting it, and injecting it into underground geological formations for permanent storage, enhanced oil recovery

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 manufacture and import of certain per- and polyfluoroalkyl substances (PFAS).1 As the name suggests, the rule derives from