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Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
Nossaman LLP

Details on EPA’s New Real Water Technical Assistance Initiative

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On March 4, 2026, the Environmental Protection Agency (EPA) announced the launch of its the Real Water Technical Assistance (RealWaterTA) initiative. The press release highlights that the goal of the RealWaterTA initiative is...more

Nossaman LLP

What the Department of the Interior's Rescission of NEPA Regulations Means for ESA Consultation

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On February 24, 2026, the Department of the Interior (DOI) rescinded most of its regulations implementing the National Environmental Policy Act (NEPA). The rescission may change how DOI conducts analysis for projects that...more

Nossaman LLP

Pollution Cleanup Coverage Can Reach Campus Hazards: Federal Court Allows School’s Claim for Glass Removal to Proceed

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A New Jersey School can proceed on the basis that broken glass may qualify as a pollutant. The court denied the insurer’s motion to dismiss, holding that the school plausibly alleged coverage under a policy provision...more

Perkins Coie

BOEM Proposes Revisions to Regulations Governing Hard Mineral Resources on the U.S. Outer Continental Shelf

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On February 24, 2026, the Bureau of Ocean Energy Management (BOEM) published revisions to regulations that govern prospecting, leasing, and operations related to minerals other than oil, gas, and sulphur (referred to as “hard...more

Perkins Coie

Energy Credit Guidance: Treasury and IRS Issue Proposed Regulations Under the Clean Fuel Production Credit

Perkins Coie on

On February 4, 2026, the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued proposed regulations (Proposed Regulations) under Section 45Z, the clean fuel production credit. Enacted by the...more

DLA Piper

Horizon – News and Trends in Sustainability Law - February 2026

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Welcome to Horizon, DLA Piper’s monthly bulletin reporting on late-breaking legislative and policy developments in sustainability. Our aim is to scan the litigation, enforcement, and regulatory horizon to help inform business...more

Kelley Drye & Warren LLP

Vanguard Settles 13-State ESG Antitrust Suit

On February 26, 2026, 13 Republican state attorneys general announced a ​“first-of-its-kind” settlement with The Vanguard Group, Inc. resolving part of a multistate antitrust lawsuit against major asset managers....more

White & Case LLP

California Climate Disclosure Laws: CARB Approves Greenhouse Gas Reporting and Climate Financial Risk Disclosure Regulation

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On February 26th, during a public hearing, the California Air Resources Board ("CARB") approved the adoption of the California Greenhouse Gas Reporting and Climate Financial Risk Disclosure Initial Regulation for the Climate...more

Greenberg Glusker LLP

Proposition 65 Notice Defects: Perfection Not Required

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On February 20, the California Court of Appeal issued a decision with significant implications for Proposition 65 litigation: Environmental Health Advocates, Inc. v. Pancho Villa’s, Inc., et al. In short, a private...more

Morgan Lewis

Climate Lawsuit Before Swiss Court Clears First Hurdle – The Next European Precedent

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The Cantonal Court of Zug is currently dealing with a lawsuit filed by four Indonesian islanders who are suing Holcim AG for a reduction in its carbon dioxide (CO₂) emissions, compensation and damages, and financial...more

Husch Blackwell LLP

FERC Reaffirms Go-Ahead of Natural Gas Construction During Appeals

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At the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) monthly open meeting on February 19, 2026, the Commission reaffirmed that it will not reinstate its ban on gas pipeline work during appeals....more

Hogan Lovells

California Air Resources Board unanimously approves initial climate disclosure regulation recommended by staff

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On February 26, the California Air Resources Board (“CARB” or “Board”) held a public hearing to consider adoption of its initial regulation implementing the Climate Corporate Data Accountability Act (SB 253) and the...more

Beveridge & Diamond PC

ODOE Seeks Public Input on Accelerating Clean Energy Siting and Development

Key Takeaways - What Is Happening: The Oregon Department of Energy (ODOE) is soliciting public comments to inform two reports it is developing pursuant to Governor Kotek’s Executive Order 25-29 (EO 25-29), which directs...more

Bergeson & Campbell, P.C.

RAC Adopts Opinion on Proposed REACH Restriction Proposal for PFAS, ECHA Will Publish Opinion “Soon”

The European Chemicals Agency (ECHA) announced on March 3, 2026, that its Risk Assessment Committee (RAC) has concluded its evaluation of the proposal to restrict per- and polyfluoroalkyl substances (PFAS) under the European...more

Morgan Lewis - Up & Atom

NRC Proposes Regulatory Framework for Fusion

The NRC (or the Commission) issued a proposed rule on February 26, 2026 to regulate commercial fusion under its byproduct material framework rather than as a traditional nuclear power reactor. These regulations aim to provide...more

Adams & Reese

U.S. Packaging EPR: What Producers Need to Know Now

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Confirm producer status in every EPR state where you sell, complete state-by-state registration with the designated producer responsibility organization, and calendar near-term milestones to avoid sales prohibitions tied to...more

Holland & Hart LLP

EPA's Proposed RMP Rollback: What Facilities Need to Know

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On February 24, 2026, the U.S. Environmental Protection Agency (EPA) published a proposed rule titled Accidental Release Prevention Requirements: Risk Management Programs under the Clean Air Act; Common Sense Approach to...more

King & Spalding

Simplification of EU Sustainability Legislation: Omnibus Package Set to Enter into Force

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After protracted negotiations and a period of uncertainty for business, critical amendments to the Corporate Sustainability Reporting Directive (“CSRD”) and Corporate Sustainability Due Diligence Directive (“CSDDD”) have been...more

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

Air Enforcement: Tennessee Air Pollution Control Board Technical Secretary's Proposed Order/Civil Penalty Addressing Pavement...

The Tennessee Air Pollution Control Board (“Board”) issued a February 2nd Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Volunteer Paving LLC (“VP”) addressing an alleged violation of an Air Permit....more

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

Endangered Species Act/Clean Water Act: Federal Appellate Court Addresses Challenge to U.S. EPA Water Quality Criteria for Cadmium

The Center for Biological Diversity (“CBD”) had filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Arizona against the United States Environmental...more

Foley Hoag LLP - Environmental Law

How MassDEP’s Proposed Noise Policy Update Could Affect Renewable Energy Developers

The Massachusetts Department of Environmental Protection (MassDEP) is poised to revise its Noise Policy for the first time since the Policy’s adoption in 1990. The Policy often plays a critical role in the assessment of...more

Burr & Forman

U.S. EPA Proposes Revisions to Citizen Suit Notice Regulations

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On February 24, 2026, the U.S. Environmental Protection Agency ("EPA") proposed new rules that would revise the procedural requirements for service of Notices of Intent to file citizen suits ("NOIs") on EPA under several...more

Nelson Mullins Riley & Scarborough LLP

HUD Makes Significant Changes to the Green Resilient Retrofit Program Effective March 2026

The U.S. Department of Housing and Urban Development (HUD) announced significant changes to the Green Resilient Retrofit Program (GRRP) on January 26, 2026 in Notice-H-2026-01 (the “Notice”).  For those awardees who did not...more

Greenberg Glusker LLP

CARB Moves Forward on Climate Disclosure Regulations While SB 261 Remains on Hold

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On February 26, 2026, CARB approved regulations to implement California Senate Bills 253 (the Climate Corporate Data Accountability Act) and 261 (the Climate-Related Financial Risk Act) following a public hearing. The...more

Shipman & Goodwin LLP

Out with the Old: New Environmental Cleanup Rules Take Effect

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After more than 40 years as the primary driver of cleanups in Connecticut, the Transfer Act was replaced with a release-based cleanup program March 1. The Transfer Act isn’t exactly gone; the hundreds of sites already...more

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