Key Takeaways -
On January 15, the U.S. Environmental Protection Agency (EPA) announced a Proposed Rule to revise its Clean Water Act (CWA) Section 401 water quality certification regulations....more
1/30/2026
/ Clean Water Act ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Permits ,
Proposed Rules ,
Regulatory Reform ,
Rulemaking Process ,
Section 401 ,
State and Local Government ,
Tribal Governments ,
Waters of the United States
On January 5, 2026, the Trump administration filed suit in the U.S. District Court for the Northern District of California against two California cities, Morgan Hill and Petaluma, seeking to invalidate local ordinances...more
The federal government wants to facilitate the use of “highly automated” systems for transporting hazardous materials by air, water, and land (highways and rail). Most recently, on December 4, 2025, the Pipeline and Hazardous...more
In a case of first impression, on November 24, 2025, Michigan's Circuit Court for the County of Kent ruled both federal aviation law and state law barred the State's claims under Part 201 of Michigan’s Natural Resources &...more
Key Takeaways -
The Proposed Rule would reduce the scope of waters and wetlands subject to federal Clean Water Act (CWA) protections by amending the definition of “waters of the United States” (WOTUS)....more
On November 5, 2025, the European Commission (Commission) announced that 21 airlines committed to modifying their environmental marketing practices after EU consumer authorities alleged several common environmental claims...more
The International Maritime Organization (IMO) Marine Environmental Protection Committee (MEPC) declined to formally adopt a mandatory greenhouse gas (GHG) reduction scheme for the shipping industry - known as the Net-Zero...more
On June 6, 2025, President Trump issued three Executive Orders (EOs) aimed at ensuring U.S. leadership in the development and deployment of drones (unmanned aviation systems (UAS)), electric vertical takeoff and landing...more
Nearly one year after Canada amended the Competition Act to establish standards for assessing environmental claims (see B&D’s Client Alert), Competition Bureau Canada published final guidelines that outline its general...more
In a pair of closely watched decisions issued on June 18, 2025, the U.S. Supreme Court answered a critical procedural question under the Clean Air Act (CAA): is the proper venue for judicial review of U.S. Environmental...more
The U.S. Environmental Protection Agency (EPA) proposed a landmark rule revising the Renewable Fuel Standard (RFS) program. This proposal – termed the “Set 2” Rule - marks the 20th anniversary of the RFS program and reflects...more
The Pipeline and Hazardous Materials Safety Administration (PHMSA) published an Advanced Notice of Proposed Rulemaking (ANPRM) initiating a comprehensive review of its Hazardous Materials Regulations (HMR). The ANPRM solicits...more
6/17/2025
/ Deregulation ,
Energy Policy ,
Government Agencies ,
Hazardous Substances ,
Oil & Gas ,
PHMSA ,
Proposed Rules ,
Regulatory Reform ,
Rulemaking Process ,
Transportation Industry ,
Trump Administration
The Pipeline and Hazardous Materials Safety Administration (PHMSA) published an Advance Notice of Proposed Rulemaking (ANPRM) asking for stakeholder feedback on Pipeline Safety Regulations (PSR) that unduly burden the...more
New NEPA Limits on the Horizon -
It has been a year of major change for the National Environmental Policy Act (NEPA), marked by various court decisions, executive orders, and the Council on Environmental Quality’s (CEQ)...more
States and cities are increasingly using their using their police power to regulate mobile source emissions. Warehouses – and the trucks that serve them – are already subject to an “indirect source rule” (ISR) in southern...more
On March 24, 2025, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (together, the Agencies) announced plans to engage stakeholders in the Trump administration’s latest effort to pare back...more
Overview -
Among its energy policy priorities, early executive orders, and other actions, the Trump administration has reinforced its commitment to expanding the U.S. biofuels sector, which typically has strong bipartisan...more
3/6/2025
/ Biofuel ,
Department of Energy (DOE) ,
Energy Policy ,
Environmental Protection Agency (EPA) ,
Internal Revenue Code (IRC) ,
IRS ,
Regulatory Agenda ,
Renewable Energy ,
Tax Credits ,
Trump Administration ,
USDA
In December, the California Air Resources Board (CARB) took noteworthy steps to implement California legislation requiring large companies that “do business in California” to report greenhouse gas (GHG) emissions and disclose...more
Canada is increasing accountability for environmental claims by explicitly requiring companies to substantiate claims promoting the environmental benefits of their products and business activities. Bill C-59 (which received...more