On November 20, 2025, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps, together the “Agencies”) published a Notice of Proposed Rulemaking (Proposed Rule) in the Federal Register to revise...more
12/4/2025
/ Clean Water Act ,
Comment Period ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Permits ,
Proposed Rules ,
Regulatory Reform ,
Sackett v EPA ,
Section 404 ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On November 12, 2025, the U.S. Environmental Protection Agency (EPA) granted the Texas Railroad Commission (RRC) primacy over the Class VI Underground Injection Control (UIC) program, authorizing Texas to assume primary...more
12/2/2025
/ Carbon Capture and Sequestration ,
Energy Projects ,
Enforcement Authority ,
Environmental Protection Agency (EPA) ,
Mineral Rights ,
Permits ,
Property Owners ,
Regulatory Oversight ,
Regulatory Requirements ,
State and Local Government ,
Underground Injection Wells
In a ruling with sweeping implications for New York’s climate policy, an Albany trial court ordered the New York Department of Environmental Conservation (NYDEC or Department) to issue long-overdue regulations under the...more
On October 16, 2025, the U.S. Environmental Protection Agency’s (EPA) Office of Land and Emergency Management (OLEM) issued the Residential Lead Directive for CERCLA Sites and RCRA Hazardous Waste Cleanup Program Facilities...more
10/29/2025
/ Brownfield Properties ,
CERCLA ,
Due Diligence ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
Investors ,
Lead ,
RCRA ,
Real Estate Development ,
Real Estate Investments ,
Residential Property Owners ,
Site Remediation
The U.S. Environmental Protection Agency (EPA) has announced plans to propose, by 2026, a rule revising the definition of “begin actual construction” under the Clean Air Act’s (CAA) New Source Review (NSR) regulations. ...more
10/10/2025
/ Air Pollution ,
Clean Air Act ,
Construction Project ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
International Energy Agency (IEA) ,
NSR ,
Permits ,
Proposed Rules ,
Regulatory Agenda ,
Risk Management ,
Rulemaking Process
The U.S. Environmental Protection Agency (EPA) has reaffirmed its 2024 decision to designate two PFAS chemicals—perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS)—as hazardous substances under the...more
10/3/2025
/ CERCLA ,
Due Diligence ,
Enforcement Actions ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Lenders ,
PFAS ,
Property Owners ,
Real Estate Development ,
Real Estate Transactions
On July 18, 2025, the Texas Third Court of Appeals in Austin dismissed a constitutional challenge to the Texas Regulatory Consistency Act (the “Act”) on standing grounds, declining to address whether the Act’s sweeping...more
On May 29, 2025, the Supreme Court handed down its decision in Seven County Infrastructure Coalition v. Eagle County, No. 23-975, 605 U.S. ___ (2025), sharply limiting the scope of environmental review obligations under the...more
6/4/2025
/ Energy Policy ,
Energy Projects ,
Energy Sector ,
Environmental Litigation ,
Environmental Policies ,
Fossil Fuel ,
Government Agencies ,
Infrastructure ,
NEPA ,
Regulatory Reform ,
Regulatory Requirements ,
SCOTUS
On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (together, the “Services”) proposed to rescind their longstanding regulatory definition of “harm”, which has for decades served...more
As Texas strengthens its position as a national leader in economic and business growth, Senate Bill 14 (SB 14)—signed into law on April 23, 2025, and effective September 1—marks a significant shift in the state’s regulatory...more
On March 4, 2025, the U.S. Supreme Court issued a 5-4 decision in City and County of San Francisco v. Environmental Protection Agency, narrowing the Environmental Protection Agency’s (EPA) authority under the Clean Water Act...more
In 1984, while Ronald Reagan was securing a landslide reelection and Apple introduced the Macintosh, the Railroad Commission of Texas (RRC) last updated the state’s primary oil and gas waste regulations. Now, four decades...more
1/30/2025
/ Environmental Policies ,
Final Rules ,
Groundwater ,
Oil & Gas ,
Railroads ,
Recycling ,
Regulatory Requirements ,
State Administrative Agencies ,
Sustainability ,
Texas ,
Waste
In 2024, the U.S. Environmental Protection Agency (“EPA”) took significant steps to regulate per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals.”...more
1/27/2025
/ CERCLA ,
Clean Water Act ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Site Assessment ,
Final Rules ,
Hazardous Substances ,
PFAS ,
Property Owners ,
Regulatory Standards