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Rulemaking Process State and Local Government

Jones Day

Environmental Groups Sue New York to Implement Greenhouse Gas Reduction Law

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On March 31, 2025, a coalition of environmental groups in New York filed a lawsuit to compel the New York Department of Environmental Conservation ("DEC") to issue regulations implementing the Climate Leadership and Community...more

Vinson & Elkins LLP

Texas Progresses Toward CCS Primacy

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This week, the U.S. Environmental Protection Agency (EPA) took the penultimate step to granting Texas the authority to directly issue Class VI permits under the Safe Drinking Water Act’s Underground Injection Control (UIC)...more

Bradley Arant Boult Cummings LLP

Justice Rushed Is Justice Denied: Why Alabama’s Attorney General Can Show Wisdom Rather Than Power on Hemp

One of my favorite quotes from Justice Potter Stewart (naturally, a Supreme Court justice writing about watching pornography is my favorite) is “[f]airness is what justice really is.” The Alabama attorney general has an...more

Baker Botts L.L.P.

Carbon Sequestration Advances in Texas as EPA Proposes to Grant Class VI Primacy

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On June 9, 2025, EPA issued a prepublication version of the proposed rule granting Class VI underground injection control (“UIC”) primary enforcement authority (“primacy”) to Texas. Class VI UIC wells are used for the...more

McDermott Will & Emery

Trending in Telehealth: May 2025

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Trending in Telehealth highlights monthly state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and...more

Schwabe, Williamson & Wyatt PC

Washington Department of Ecology Proposes New Permitting Program for Projects that Alter or ‎Impact Waters of the State

On June 10, 2025, the Washington Department of Ecology (“Ecology”) published a CR-101 Preproposal Statement of Inquiry to develop a new permitting program for projects that could “alter” or “impact” waters of the state. The...more

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

Arkansas Gas Pipeline Code/Arkansas Public Service Commission: Petition to Initiate Rulemaking Addressing Proposed Revisions Filed

A Petition to Initiate a Rulemaking Docket (“Petition”) has been filed before the Arkansas Public Service Commission (“APSC”) by the General Staff. See Docket No. 25-025-R. The Petition proposes to make changes to the...more

BakerHostetler

The Delayed, but Not Forgotten, Disclosure of PFAS: TSCA Section 8(a)(7) Postponed While States Fill the Gaps

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When Congress passed the fiscal year 2020 National Defense Authorization Act (“NDAA”), it included a mandate that the U.S. Environmental Protection Agency (“EPA”) take steps to require all manufacturers, including importers,...more

Miller Starr Regalia

Third District Holds County Could Require Supplemental Environmental Information From Grading Permit Applicant As Condition of...

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Like a gift to land use lawyers that never stops giving, the strange and wondrous interrelationship between CEQA and the Permit Streamlining Act (“PSA”; Gov. Code, § 65920 et seq) continues to inspire litigation and require...more

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

Agricultural Nutrient Pollution/State of New York Supreme Court (County of Albany) Addresses Whether Department of Health Can...

The State of New York Supreme Court/County of Albany (“Court”) addressed in a May 6th Order whether the New York State Department of Health (“DOH”) has the authority to issue Watershed Rules and Regulations (“Rules”) to...more

Jones Day

California Air Resources Board Offers Direction as to Application of California Climate Disclosure Laws

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On May 29, 2025, a virtual public workshop held by the California Air Resources Board ("CARB") offered direction on how it interprets certain elements of California's climate disclosure laws. While CARB has a July 1, 2025,...more

Saul Ewing LLP

Resource Adequacy Challenges in Maryland - Major Legislative Advances in Energy Storage Policy Are Intended To Be Part of the...

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In 2025, the General Assembly of Maryland made its boldest move ever to advance energy storage, as part of a legislative package responding to the resource adequacy challenges that are now emerging for the Free State....more

Mayer Brown

Governo de Minas Gerais cria agência reguladora de Transportes

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O Governo do Estado de Minas Gerais deu um passo significativo no fortalecimento do marco regulatório do setor de transportes ao aprovar a instituição da Agência Reguladora de Transportes do Estado de Minas Gerais (Artemig) e...more

Sheppard Mullin Richter & Hampton LLP

Maryland Enacts Earned Wage Access Law

On May 28, Maryland Governor Wes Moore signed House Bill 1294 into law, establishing a comprehensive regulatory framework for Earned Wage Access (EWA) providers operating in the state. Effective October 1, the new law...more

Clark Hill PLC

The demise of “Chevron Deference” on the federal level has also arrived in the Arizona state courts

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Changes in federal and many states’ laws (e.g., just last month in Arizona) may put industry on more equal footing with agencies when interpreting rules and permit terms. If agencies have overreached on these interpretations,...more

Greenbaum, Rowe, Smith & Davis LLP

NJ BPU’s Revised Interconnection Regulations Are Intended to Speed Up Interconnection of Solar and Storage Systems

In an effort to reduce delays in interconnecting new electricity generation and storage systems to the local electric distribution grid, the New Jersey Board of Public Utilities (BPU), at its May 21, 2025 agenda meeting,...more

Orrick, Herrington & Sutcliffe LLP

CFPB to rescind state requirement to notify Bureau on CFPA enforcement

On May 21, the CFPB published a notice in the Federal Register withdrawing its procedures that required state officials to notify the Bureau when taking action to enforce the CFPA. The direct final rule, effective July 21,...more

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

Waters of the United States/Clean Water Act: Association of Clean Water Administrators Comments Addressing Potential Revisions

The Association of Clean Water Administrators (“ACWA”) submitted May 15th comments to the Untied States Environmental Protection Agency and U.S. Army Corps of Engineers ( collectively, “EPA”) regarding potential revisions to...more

Bradley Arant Boult Cummings LLP

Was Rescheduling a Pipe Dream? DEA Questions Reliability of State-Run Programs and Impact on Transnational Crime

Often wrong, never in doubt. That’s our promise here at Budding Trends. A little over a year ago, we wrote these words: “DEA will reschedule marijuana from Schedule 1 to Schedule III.” We later acknowledged we (may have)...more

McDermott Will & Emery

Trending in Telehealth: April 2025

McDermott Will & Emery on

Trending in Telehealth highlights monthly state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists and technology companies that deliver and...more

Goulston & Storrs PC

AG's Power Holds, but Agency Shortcuts Don't

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In Att’y Gen. v. Town Milton, the court ruled that the Massachusetts Bay Transportation Authority (“MBTA”) Communities Act, G. L. c. 40A, § 3A (“Section 3A”), is constitutional, and that the Attorney General has the authority...more

Harris Beach Murtha PLLC

NY Supreme Court Strikes Down OCM’s One-License-Per-Majority-Owner Policy

In a significant decision impacting New York’s adult-use cannabis licensing framework, the Albany County Supreme Court ruled on April 14, 2025, in DNP-Z, Inc. v. New York State Cannabis Control Board et al. (Index No....more

MG+M The Law Firm

EPA Announces Sweeping PFAS Actions in 2025 Agenda

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On April 28, 2025, US Environmental Protection Agency (EPA) Administrator Lee Zeldin announced a comprehensive federal initiative aimed at tackling per and polyfluoroalkyl substances (PFAS) contamination through coordinated...more

Harris Beach Murtha PLLC

Minnesota Finalizes Cannabis Rules and Orders Social Equity Lottery to Proceed

On April 7, 2025, the Minnesota Office of Cannabis Management (OCM) received final approval from an administrative law judge (ALJ) for its comprehensive adult-use cannabis regulations. The finalized rules, which take effect...more

Morgan Lewis - Power & Pipes

Pennsylvania PUC Final Policy Statement on Utility Rate Design for EV Charging Becomes Effective

In November 2023, the Pennsylvania Public Utility Commission (PUC) issued a proposed policy statement to encourage Pennsylvania’s electric distribution companies (EDCs) to develop distribution and default service rate...more

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