On January 9, 2026, a three-judge panel for the U.S. Court of Appeals for the Ninth Circuit heard oral argument in a challenge to California Senate Bills (SB) 261 and 253 in Chamber of Commerce v. Sanchez, No. 25-5327 (9th...more
1/13/2026
/ Appeals ,
California ,
California Air Resources Board ,
Climate Change ,
Constitutional Challenges ,
Disclosure Requirements ,
First Amendment ,
Greenhouse Gas Emissions ,
Popular ,
Reporting Requirements ,
Stays
On December 9, 2025, the California Air Resources Board (CARB) released its proposed regulatory text for the initial regulations implementing Senate Bills (SB) 261 and 253. SB 261 requires covered entities to publish...more
On December 1, 2025, the California Air Resources Board (CARB) provided multiple updates regarding its implementation of Senate Bill (SB) 261 following the U.S. Court of Appeals for the Ninth Circuit’s order staying...more
On November 18, 2025, the U.S. Court of Appeals for the Ninth Circuit issued an order enjoining enforcement of California Senate Bill 261 (“SB 261”) pending an appeal filed by the U.S. Chamber of Commerce and other business...more
While the January 1, 2026, statutory deadline for reporting under California’s Climate-Related Financial Risk Act (SB 261) is quickly approaching, there is still time for regulated entities to comply with the law. Although...more
On July 15, 2025, the U.S. Department of the Interior (DOI) issued a memorandum establishing significantly heightened review procedures for federal decisions, actions, consultations, and other undertakings related to wind and...more
The California Office of Environmental Health Hazard Assessment (OEHHA) recently amended its regulations concerning requirements for consumer product warnings to qualify for “safe harbor” protection from enforcement actions...more
From the outset, key goals of the incoming Trump Administration have been: supporting fossil fuel development, ending incentives for renewable energy and energy transition, removing burdensome environmental regulations and...more
To nobody’s surprise, it is already evident that President Trump’s second term will mark a significant shift in environmental regulation and policy from the Biden Administration. This article marks the first in a where we...more
1/27/2025
/ Climate Change ,
Energy Sector ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Fossil Fuel ,
Paris Agreement ,
Regulatory Agenda ,
Regulatory Reform ,
Trump Administration
On May 25, 2023, the Supreme Court issued a decision in Sackett v. EPA,effectively narrowing the scope of federally protected wetlands to which the Clean Water Act (CWA) applies. The CWA provides the U.S. Army Corp of...more
6/2/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more
7/7/2022
/ Artificial Intelligence ,
Audits ,
BPA ,
China ,
Climate Change ,
Compliance ,
Consumer Product Safety Commission (CPSC) ,
Copyright ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
Disclosure Requirements ,
Due Diligence ,
Environmental Social & Governance (ESG) ,
Ethics ,
False Advertising ,
Food and Drug Administration (FDA) ,
Greenhouse Gas Emissions ,
Greenwashing ,
Human Rights ,
ICFR ,
Internet of Things ,
Investment ,
Liability ,
Machine Learning ,
Manufacturers ,
Mexico ,
Model Contract Clauses ,
NLRA ,
NLRB ,
Office of Foreign Assets Control (OFAC) ,
Patents ,
PFAS ,
Popular ,
Proposed Rules ,
Remote Working ,
Risk Management ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Supply Chain ,
Supply Shortages ,
Sustainability ,
Task Force on Climate-related Financial Disclosures (TCFD) ,
Trade Secrets ,
Unions ,
United States-Mexico-Canada Agreement (USMCA) ,
Uyghur Forced Labor Prevention Act (UFLPA)
On March 21, 2022, the U.S. Securities and Exchange Commission (SEC) released a comprehensive set of proposed rules mandating climate-related risk disclosures for public companies (Proposed Rule). For some the release marks...more
3/25/2022
/ Climate Change ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
ICFR ,
Proposed Rules ,
Risk Management ,
SASB ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Task Force on Climate-related Financial Disclosures (TCFD)
In a move that could have wide-ranging implications for developers of real estate, including renewable energy projects, throughout the United States, the U.S. Army Corps of Engineers (the “Corps”) recently announced that it...more
Last week, as world leaders met at the United Nations Climate Change Conference (COP26) in Glasgow, Scotland, the U.S. Environmental Protection Agency (“EPA”), issued a proposed rule under the Clean Air Act (“CAA”) designed...more
On September 17, 2021, the California Office of Environmental Health Hazard Assessment (“OEHHA”) proposed new, alternative safe harbor warnings for acrylamide exposures in food. OEHHA’s stated goal is to reduce the potential...more
On June 10, 2021, pursuant to Section 8(a) of the Toxic Substances Control Act (“TSCA”), the U.S. EPA proposed a rule requiring manufacturers and importers of per- and polyfluoroalkyl substances (“PFAS”) to report information...more
Yesterday, the U.S. EPA and the U.S. Army Corps of Engineers announced their intent to initiate a rulemaking process to promulgate a new definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”)....more
After a recent flurry of concerns over the potential for widespread supply-chain interruptions, the United States Environmental Protection Agency (“EPA”) issued a 180-day No Action Assurance (NAA) regarding the new...more
Joseph R. Biden Jr.’s inauguration on January 20, 2021 as the forty-sixth President of the United States could usher in a sweeping period of environmental regulatory changes vastly eclipsing those of his immediate predecessor...more
1/15/2021
/ Affordable Clean Energy (ACE) Rule ,
Biden Administration ,
CERCLA ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Congressional Review Act ,
Cross-State Air Pollution ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
FIFRA ,
PFAS ,
RCRA ,
Renewable Energy ,
Repeal ,
Supplemental Environmental Project (SEP) Policy ,
Toxic Substances Control Act (TSCA) ,
Waters of the United States
Every four years, under the Chemical Data Reporting (CDR) Rule issued pursuant to the Toxic Substances Control Act (TSCA), manufacturers (including importers) must provide U.S. EPA with information on the production and use...more
Every four years, under the Chemical Data Reporting (CDR) Rule issued pursuant to the Toxic Substances Control Act (TSCA), manufacturers (including importers) must provide U.S. EPA with information on the production and use...more
On April 23rd, the U.S. Supreme Court issued its decision in County of Maui v. Hawaii Wildlife Foundation, holding that the Clean Water Act regulates a release to groundwater that indirectly pollutes surface water if the...more
On Thursday, March 26, the United States Environmental Protection Agency (“U.S. EPA”) released a much anticipated enforcement discretion policy that provides temporary and limited enforcement discretion for certain violations...more
Even though the coronavirus poses novel and complex challenges to all aspects of a company’s operations, it is not an excuse for companies to press “pause” on their obligations to comply with environmental laws and permits. ...more
In 2016, after decades without any changes, Congress amended the Toxic Substances Control Act (the “TSCA”) with an eye towards updating and modernizing the regulatory regime for chemical substances. One of the elements of the...more