Funding lapse halts key federal activities and heightens uncertainty for agencies, contractors and grant recipients...more
The California Air Resources Board (CARB) released a preliminary list of companies it believes may be subject to the state’s new climate disclosure regime, which imposes significant disclosure duties on large United States...more
On August 26, 2025, the U.S. Geological Survey (USGS) released for comment the 2025 draft List of Critical Minerals, which includes 54 mineral commodities proposed for inclusion. The list is intended to inform U.S. government...more
9/22/2025
/ Comment Period ,
Commodities ,
Department of the Interior ,
Energy Policy ,
Government Agencies ,
Mineral Exploration ,
Minerals ,
National Security ,
Popular ,
Proposed Rules ,
Risk Management ,
Rulemaking Process ,
Supply Chain ,
USGS
Coalitions of Republican-led states, industry associations led by the U.S. Chamber of Commerce, and, most recently, the U.S. Department of Justice are testing “climate superfund” laws that aim to recover billions from carbon...more
Enacted earlier this year and scheduled to take effect September 1, SB 2337 would impose new disclosure obligations on proxy advisory firms issuing recommendations regarding Texas-based public companies, including a...more
9/4/2025
/ Contracts Clause ,
Corporate Governance ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
Due Process ,
Environmental Social & Governance (ESG) ,
First Amendment ,
Glass Lewis ,
Institutional Shareholder Services (ISS) ,
Investment Advisers Act of 1940 ,
Preliminary Injunctions ,
Proxy Advisors ,
Publicly-Traded Companies ,
State and Local Government ,
Texas
On July 30, 2025, President Trump issued Proclamation 10962 following the investigation by the Department of Commerce (Commerce) under Section 232 of the Trade Expansion Act of 1962 of imports of copper in all forms and...more
8/26/2025
/ Commodities ,
Defense Production Act ,
Department of Homeland Security (DHS) ,
Forced Labor ,
G7 ,
Goods or Services ,
Imports ,
National Security ,
Rare Earth Metals ,
Section 232 ,
Supply Chain ,
Tariffs ,
Trade Expansion Act of 1962 ,
Trump Administration ,
U.S. Commerce Department ,
Uyghur Forced Labor Prevention Act (UFLPA)
The Opinion interprets member states’ responsibilities under treaty and customary international law. In a sweeping and landmark declaration, the Opinion advises that member states have a duty to reduce emissions, regulate...more
The Department of Energy’s Request for Information seeks input for the 2026 Energy Critical Materials Assessment (CMA), which will identify materials critical for energy based on two primary factors: importance to energy and...more
The IEA’s 2025 Global Critical Minerals Outlook reveals a market at a crossroads: While demand for energy transition and other minerals continues to surge, investment and supply diversification are not keeping pace....more
6/23/2025
/ China ,
Critical Infrastructure Sectors ,
Energy Sector ,
Export Controls ,
G7 ,
International Energy Agency (IEA) ,
Investment ,
Minerals ,
National Security ,
Popular ,
Supply Chain
On May 12, 2025, EPA announced that it will again revise the reporting timeline for manufacturers of per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The data...more
Even as the Trump administration moves to block state and local climate liability efforts, states and municipalities continue to advance lawsuits seeking to hold fossil fuel companies liable for harms associated with climate...more
5/15/2025
/ Climate Change ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Energy Policy ,
Energy Sector ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Greenwashing ,
Oil & Gas ,
State and Local Government ,
Trump Administration
While the Trump administration’s PFAS policy framework is beginning to take shape, uncertainties remain across the regulatory, litigation and legislative fronts. On April 28, EPA Administrator Lee Zeldin announced a set of...more
The U.S. Department of Justice (DOJ) has filed a series of federal lawsuits against four states—New York, Vermont, Michigan and Hawaii—alleging that recent legislative and enforcement efforts to hold fossil fuel companies...more
5/9/2025
/ Clean Air Act ,
Climate Change ,
Commerce Clause ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
State and Local Government ,
Trump Administration
Continuing with the Trump administration’s deregulatory agenda, the White House issued a Presidential Memorandum on April 9 titled Directing the Appeal of Unlawful Regulations. It instructs executive agencies to repeal...more
On April 8, 2025, President Trump issued Executive Order 14260, Protecting American Energy From State Overreach. Framed as part of the Administration’s broader strategy of unleashing American energy, the Order directs...more
4/18/2025
/ Climate Change ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Energy Policy ,
Energy Sector ,
Enforcement Actions ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Natural Resources ,
Oil & Gas ,
State and Local Government ,
Trump Administration
States are increasingly turning to “Climate Superfund” laws as a potential mechanism to offset the growing costs of climate-related disaster recovery and the construction of more climate change-resilient infrastructure. These...more
4/8/2025
/ Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Corporate Liability ,
Energy Sector ,
Environmental Litigation ,
Greenhouse Gas Emissions ,
Oil & Gas ,
Preemption ,
State and Local Government ,
Superfund
In March, EPA Administrator Lee Zeldin addressed top state environmental officials, highlighting the Agency’s priorities for the year ahead. Without committing the EPA to an official stance, Zeldin reaffirmed his commitment...more
4/8/2025
/ Biden Administration ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Popular ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process ,
Utilities Sector ,
Water
On March 20, 2025, the Trump administration invoked emergency powers in an Executive Order (EO) entitled Immediate Measures to Increase American Mineral Production, aiming to accelerate domestic mineral mining and processing....more
3/27/2025
/ Department of Defense (DOD) ,
Department of the Interior ,
Energy Sector ,
Executive Orders ,
Federal Funding ,
Investment ,
Mineral Extraction ,
Minerals ,
Mining ,
National Security ,
Permits ,
Regulatory Reform ,
Supply Chain ,
Trump Administration
Maryland has filed suit against W.L. Gore & Associates (Gore), a downstream user of PFAS-containing materials, alleging that its manufacturing processes contributed to PFAS contamination through its use of...more
3/14/2025
/ CERCLA ,
Consumer Product Companies ,
Contamination ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Public Health ,
Toxic Chemicals
In a move that signals potential policy shifts under the new administration, the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s requests for 60-day stays in two high-profile cases challenging...more
3/14/2025
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
Regulatory Requirements ,
Toxic Chemicals ,
Trump Administration
Critical minerals are the backbone of modern technologies and national security, powering everything from advanced semiconductors and electric vehicle batteries to missile guidance systems and renewable energy infrastructure....more
3/14/2025
/ China ,
Clean Energy ,
Critical Infrastructure Sectors ,
Department of Energy (DOE) ,
Energy Sector ,
Executive Orders ,
International Trade ,
Legislative Agendas ,
Mineral Extraction ,
National Security ,
Renewable Energy ,
Semiconductors ,
Supply Chain ,
Trump Administration
In a “paradigm shift in environmental liability,” some states are seeking to legislate financial responsibility on large coal and oil & gas companies for the public costs associated with strengthening infrastructure against...more
1/7/2025
/ CERCLA ,
Clean Air Act ,
Climate Change ,
Corporate Counsel ,
Energy Sector ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Financial Responsibility Standards ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Infrastructure ,
New Legislation ,
New York ,
Rulemaking Process ,
Superfund
The U.S. Supreme Court is poised to address a circuit split over whether an agency doing an environmental review under the National Environmental Policy Act (NEPA) must consider effects beyond its regulatory jurisdiction,...more
12/20/2024
/ Appeals ,
Chevron Deference ,
Climate Change ,
Construction Project ,
Environmental Impact Statements ,
Government Agencies ,
Greenhouse Gas Emissions ,
NEPA ,
Oral Argument ,
Regulatory Authority ,
SCOTUS ,
Surface Transportation Board ,
Vacatur
Whether by land, by sea or through human innovation, carbon sequestration is likely coming to (or already happening in) a destination near you. As our planet, overdosed on greenhouse gases, battles climate disasters, a...more
The U.S. Department of the Interior (DOI) published a proposed rule aimed at modernizing and streamlining the “Type A” Natural Resource Damage Assessment (NRDA) regulations under the Comprehensive Environmental Response,...more