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Fox Rothschild LLP

Oral Argument Scheduled in Hazardous Substance Designation Litigation

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Following the completion of briefing in the challenge to EPA’s rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), oral argument has...more

Perkins Coie

No Entitlement to Attorneys’ Fees Where Successful Claims Were Nullified by Legislation and California Supreme Court Decision

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Petitioners were not “successful parties” entitled to attorneys’ fees under Code of Civil Procedure 1021.5 after the Legislature abrogated their legal victories by statute and the Supreme Court reversed the judgment. Make UC...more

Troutman Pepper Locke

D.C. Circuit Declines to Reconsider its Prior Order Restoring an Emergency Affirmative Defense for Emissions Violations Under the...

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On January 2, 2026, the D.C. Circuit declined to rehear en banc its prior order restoring the Clean Air Act’s (CAA) Title V affirmative defense to liability for excess emissions caused by emergency events. A group of...more

Harris Beach Murtha

Defense Considerations for Emerging Talc Exposure Claims

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Industrial talc defendants have been navigating asbestos-related lawsuits for decades, yet recent cases show the scope of these claims continues to widen and the corresponding need for sophisticated defense strategies is...more

ArentFox Schiff

White House Review Signals Final Stages of EPA’s Recission of Obama-era Greenhouse Gas Endangerment Finding

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Last week, the White House began its interagency review of the Environmental Protection Agency’s (EPA) final rule to rescind its 2009 Greenhouse Gas Endangerment Finding and related vehicle greenhouse gas (GHG) standards....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Mississippi Commission on Environmental Quality and Magnolia Railway Services Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Southeastern Railway Services (“SRS”) entered into a January 5th Agreed Order (“AO”) addressing alleged violations of an Air Permit. See Order No. 7646 26....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waters of the United States/Clean Water Act: Arkansas Farm Bureau Comments on the U.S. EPA Proposed Rule

The Arkansas Farm Bureau (“ARFB”) submitted January 5th comments to the United States Environmental Protection Agency and United States Corps of Engineers (collectively, “Corps”) on the proposed rule to revise the definition...more

Troutman Pepper Locke

FERC Terminates Au Train Hydroelectric Project License by Implied Surrender

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On December 29, 2025, FERC terminated the hydropower license for the 0.9-megawatt Au Train Hydroelectric Project (FERC Project No. 10856), located on the Au Train River in Alger County, Michigan (Termination Order). FERC...more

K&L Gates LLP

Pennsylvania Department of Environmental Protection Releases Final Environmental Justice Policy

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The Pennsylvania Department of Environmental Protection (DEP) issued a final environmental justice (EJ) policy on 3 January 2026....more

Foley Hoag LLP - Environmental Law

There's No Such Thing as "Cost" Analysis or "Benefit" Analysis; There's Only Cost-Benefit Analysis

Earlier this week, the New York Times reported that the Trump administration plans to stop assigning dollar values to the human health benefits resulting from the imposition of national ambient air quality standards....more

Hogan Lovells

Green Claims and Green Brands - Is your company EmpCo-ready?

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Do you advertise your company’s environmental commitment or the eco-friendliness of your products? If so, you now have less than a year to prepare for the upcoming changes to the legal framework for advertising with...more

FBT Gibbons LLP

After Ninth Circuit’s SB 261 Oral Argument: Where First Amendment Line May Land for Climate-Risk Disclosure

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On January 9, 2026, the U.S. Court of Appeals for the Ninth Circuit heard oral argument in Chamber of Commerce of the United States of America, et al. v. Sanchez, No. 25-5327 (9th Cir.), challenging California’s climate...more

Beveridge & Diamond PC

What to Expect Under TSCA in 2026

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We anticipate that the Environmental Protection Agency (EPA) and the courts will keep chemical companies and anyone else that handles chemical substances hopping in 2026. Here is a brief summary of what to expect under the...more

Troutman Pepper Locke

US Army Corps of Engineers Finalizes 2026 Nationwide Permit Package

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On January 8, 2026, the U.S. Army Corps of Engineers finalized 57 Nationwide Permits first proposed in June of last year. Nationwide Permits (NWPs) are streamlined federal permits for activities that affect waters of the...more

Womble Bond Dickinson

Navigating Cambridge’s Building-Sector Energy and Emissions Requirements

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The City of Cambridge, Mass., is beginning to implement its Building Energy Use Disclosure Ordinance (BEUDO). The law seeks to drive substantial building-sector greenhouse gas reductions, which Cambridge identifies as...more

Venable LLP

PFAS at an Inflection Point: Reflections on 2025 and the Road Ahead

Venable LLP on

As we leave 2025 behind, the regulatory, litigation, and policy landscape for per- and polyfluoroalkyl substances (PFAS) continues to evolve at a rapid pace. ...more

Blake, Cassels & Graydon LLP

Le Canada annonce des modifications prévues aux exigences de déclaration pour le Registre fédéral sur les plastiques

Introduction - Le 19 décembre 2025, Environnement et Changement climatique Canada (« ECCC ») a annoncé des modifications prévues aux exigences en matière de déclaration pour le Registre fédéral sur les plastiques. Aux...more

Latham & Watkins LLP

Washington State’s Amended PFAS Rule Restricts New Product Categories and Adds Total Fluorine Threshold

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The amended rule adds to the growing patchwork of state-level PFAS laws and to compliance burdens....more

Stoel Rives - Environmental Law Blog

EPA’s New “Compliance First” Policy

On December 5, 2025, the U.S. Environmental Protection Agency’s Office of Enforcement and Compliance Assurance  issued a memorandum titled “Reinforcing a ‘Compliance First’ Orientation for Compliance Assurance and Civil...more

Carlton Fields

Will Shareholder Meeting Players Continue to Pick Up Anti-ESG Themes?

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Since Inauguration Day in January 2025, the new administration has in various ways publicly trumpeted the advisability of reversing numerous environmental, social, and governance (ESG) policies that many governmental and...more

J.S. Held

PFAS in Biosolids: What EPA’s Draft Risk Assessment Means for Industry and Municipalities

J.S. Held on

The U.S. Environmental Protection Agency (EPA) released its 2025 Draft Risk Assessment for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in biosolids, identifying potential human health risks under...more

King & Spalding

Ninth Circuit Hears Oral Argument on California’s SB 253 and SB 261 Climate Disclosure Rules

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The Ninth Circuit heard oral argument on January 9, 2026, following its November 18, 2025 order that enjoined enforcement of SB 261 (the “Climate-Related Financial Risk Act”) but allowed SB 253 (the “Climate Corporate Data...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Storage Tank Enforcement: Tennessee Department Environment and Conservation and Memphis Freight Facility Enter Into Agreed Order

The Tennessee Department of Environment and Conservation (“TDEC”) and XPO Logistics Freight, Inc. (“XPO”) entered into a December 15th Agreed Final Order (“AFO”) addressing alleged violations of the Tennessee Underground...more

Morgan Lewis

2040 EU Climate Target and Related EU Climate Policy Developments

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The European Union remains committed to achieving climate neutrality by 2050, as enshrined in the European Climate Law. That Law set a first intermediate target of at least a 55% net reduction in greenhouse gas (GHG)...more

MG+M The Law Firm

FDA PFAS Cosmetics Report Flags One Chemical for Potential Safety Concern

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On December 29, 2025, the US Food and Drug Administration (FDA) published its Report on the Use of PFAS in Cosmetic Products and Associated Risks (Report). The Report, as required under the Modernization of Cosmetics...more

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