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
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
The agency’s actions have significant implications for the domestic carbon capture and storage industry.
By Joshua T. Bledsoe, Nikki Buffa, Jennifer K. Roy, Nolan Fargo, and Samantha Yeager
In the same week, the US Environmental Protection Agency (EPA) took two rulemaking actions with significant implications for the domestic carbon capture and storage (CCS) industry. On September 12, 2025, EPA proposed repealing the Greenhouse Gas Reporting Program (GHG Reporting Program), under which CCS projects report their emissions
The proposal could accelerate the permitting process for projects in the state, including carbon capture and storage (CCS) projects.
By Joshua T. Bledsoe, Nikki Buffa, Jennifer K. Roy, and Samantha Yeager
The US Environmental Protection Agency (EPA) has proposed a significant regulatory change that could expedite permitting for Underground Injection Control (UIC) wells in Arizona. A proposed rule published on May 19, 2025, would grant the Arizona Department of Environmental Quality (ADEQ) primary enforcement authority, or “primacy,”
The orders span various sectors and aim to introduce sunset provisions into regulations and eliminate regulations deemed unlawful or anti-competitive.
By Nikki Buffa, Jennifer K. Roy, John Detrich, and Kayla Seltzer
On April 9, 2025, the Trump administration issued three new orders to reevaluate and roll back regulations across various sectors. These orders are a continued step toward implementing the administration’s objective of reducing regulatory burdens on agencies and the public (see our blog post on the
EPA’s electronic mailbox is open for requests from stationary sources until March 31.
By Karl A. Karg, Stacey L. VanBelleghem, and Bruce M. Johnson
In March 2025, the United States Environmental Protection Agency (EPA) announced that it has set up an electronic mailbox to allow stationary sources to request a presidential exemption from certain standards under Section 112 of the Clean Air Act (CAA).
Section 112 requires EPA to establish emission standards for certain stationary sources of hazardous air pollutants. Section 112 also includes a provision that enables the president to exempt stationary sources from compliance with any standard or limitation under Section 112 for up to two years if “the President determines that the technology to implement such standard is not available and that it is in the national security interests of the United States to do so.” 42 U.S.C. § 7412(i)(4). Section 112(i)(4) also provides that such an exemption may be extended “for 1 or more additional periods, each period not to exceed 2 years.”
Affected landowners may be able to avail themselves of certain protections under state and federal environmental laws.
By Aron Potash and Cody M. Kermanian
In the aftermath of the wildfires in the Los Angeles area in January 2025, a cleanup effort is underway to facilitate the safe return of residents to their homes in Altadena and Pacific Palisades. The federal government is leading the effort in coordination with various state and local agencies, and the government has reported significant progress
This grant of authority could accelerate the permitting process for carbon capture and storage projects in the state.
By Joshua T. Bledsoe, Nikki Buffa, Jennifer Roy, and Samantha Yeager
On February 18, 2025, the US Environmental Protection Agency (EPA) approved a final rule granting West Virginia primary enforcement authority, or “primacy,” for permitting Class VI Underground Injection Control (UIC) wells under the Safe Drinking Water Act, marking a step forward for carbon capture and storage (CCS) projects
EPA will regulate legacy CCR surface impoundments and CCR Management Units for the first time.
By Stacey L. VanBelleghem, Karl A. Karg, Phil Sandick, Jacqueline Zhang, Bruce Johnson, and Samuel Wallace-Perdomo
On April 25, 2024, EPA released its Final Rule to extend certain requirements governing the disposal of coal combustion residuals (CCR) in inactive surface impoundments at inactive power plants (referred to as “legacy CCR surface impoundments” or “legacy ponds”) and CCR Management Units (CCRMU), a