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Environmental Updates

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.
A&O Shearman

Crypto in and ESG out—DOL changes to 401(k) plan governance

A&O Shearman on

The U.S. Department of Labor (DOL) recently announced two significant changes to 401(k) plan investments, signaling an increase in latitude for fiduciaries who wish to make available cryptocurrency investments in their plans...more

Robinson+Cole Environmental Law +

Supreme Court Decision Limits the Opportunity for NEPA to Derail Projects

The U.S. Supreme Court’s recent 8-0 ruling limited the scope of the National Environmental Policy Act (NEPA), the national environmental law that mandates federal agencies to assess the environmental effects of their proposed...more

Moore & Van Allen PLLC

The Desk: June Edition

While there was some—albeit limited—Enforcement activity in May (click here for last month’s enforcement actions), in this month’s Round-Up we want to highlight some updates that suggest the Enforcement front may continue to...more

Dorsey & Whitney LLP

Energy Law: Month in Review - May 2025

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. Please reach out to any of the authors, listed above, to discuss these issues....more

Best Best & Krieger LLP

Supreme Court Issues First Major NEPA Ruling in Two Decades

On May 29, 2025, the U.S. Supreme Court issued an 8-0 opinion that clarifies the scope of environmental effects analysis under the National Environmental Policy Act (NEPA) and requires substantial judicial deference to...more

Morgan Lewis

Supreme Court Narrows Scope of Judicial Review Under NEPA

Morgan Lewis on

After nearly two decades of silence, the US Supreme Court on May 29, 2025, weighed in on an issue that has tremendous significance for permitting of complex infrastructure and other development projects—the depth and breadth...more

Bergeson & Campbell, P.C.

President’s FY 2026 Budget Requests Would Eliminate CSB, Reorganize CPSC

President Trump’s fiscal year (FY) 2026 budget request for the Chemical Safety and Hazard Investigation Board (CSB) states that the President’s budget proposes to eliminate funding for CSB as part of the Trump...more

Blake, Cassels & Graydon LLP

Who’s Left Holding the Bag? Canadian Extended Producer Responsibility Requirements and How They May

Over the past two decades, federal and provincial lawmakers have implemented extended producer responsibility (EPR) programs covering a growing range of products such as plastic and paper packaging, batteries, electronic...more

Blank Rome LLP

Supreme Court Scales Back the NEPA Roadblock to Infrastructure Projects

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Overview - On May 29, 2025, the U.S. Supreme Court issued a significant decision clarifying the scope of environmental review required under the National Environmental Policy Act (“NEPA”) for major infrastructure...more

Hogan Lovells

Powering Indonesia's future: Key takeaways from the 2025–2034 RUPTL

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The RUPTL carries significant strategic implications and offers substantial opportunities for investment. As Indonesia advances its energy transition, the RUPTL will play a pivotal role in shaping the future of its national...more

Akin Gump Strauss Hauer & Feld LLP

Takeaways From ACI’s State Regulators Roundtable on PFAS Regulation, Compliance and Litigation

On May 29, 2025, David Quigley (head of Akin’s Environment & Natural Resources Section) led a discussion among Katrina Kessler (Commissioner, Minnesota Pollution Control Agency), Susanne Miller (Bureau Director, Maine...more

Akin Gump Strauss Hauer & Feld LLP

Are the Kids Not Alright? MAHA Report Sparks Debate on Chemical Safety

The White House’s recent release of the Make America Healthy Again (MAHA) Report marks a significant moment in the national conversation around children’s health and environmental exposure. Published on May 22, 2025, by the...more

Wenning Environmental

Applying the US Natural Resource Damage Assessment Framework to Post-Conflict Damage Assessment

Wenning Environmental on

The United States and the European Union have legal tools to remedy damages to the environment. However, neither the U.S. nor the EU approaches explicitly address injuries and damages caused by armed conflict....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

Jones Day

European Commission Proposes To Postpone The Due Diligence Obligations For Batteries

Jones Day on

On May 21, 2025, the European Commission filed a proposal to postpone the implementation of the due diligence obligations in Regulation 2023/1542, concerning batteries and waste batteries (the “EUBR”). The proposal would push...more

McGlinchey Stafford

SCOTUS Reins in NEPA Scope in Seven County

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In a landmark ruling issued May 29, 2025, the U.S. Supreme Court unanimously reversed the D.C. Circuit in Seven County Infrastructure Coalition v. Eagle County, Colorado, sharply limiting the scope of environmental review...more

Mintz

Canada Pauses Mandatory Climate Disclosure Rules

Mintz on

Recently, the Canadian Securities Administrators (the umbrella organization of Canada's provincial securities regulators) announced that it would pause the development of certain sustainability reporting initiatives,...more

Mintz

Climate Lawsuit Against German Energy Company Dismissed by Court

Mintz on

Last week, a long-running lawsuit brought against a major German energy company by a Peruvian farmer for alleged damages stemming from climate change was dismissed by an appellate court in Germany. The court's reasoning...more

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

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Van Buren Wastewater...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and City of Van Buren Municipal Utilities (“Van Buren”) entered into a February 4th Consent Administrative Order (“CAO”) addressing...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

Allen Matkins

Sustainable Development and Land Use Update 6.5.25

Allen Matkins on

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they carry out, fund, or approve — does not...more

IR Global

Key Changes to the DRC Mining Code: A New Era for Investors and National Development

IR Global on

The Democratic Republic of Congo (DRC), home to some of the world’s richest deposits of cobalt, copper, and other critical minerals, enacted major revisions to its Mining Code in March 2018. These reforms marked a significant...more

Robinson+Cole Environmental Law +

Project Opponents of Empire Wind Strike Back

As recently reported, on May 19, 2025, the U.S. Department of the Interior reversed the stop work order it issued on April 16, 2025, thereby allowing the $5 billion, 2 GW, Empire Wind project to proceed. On June 3, 2025, a...more

Perkins Coie

Percolating Groundwater Is Appurtenant to Land and Is Transferred With It

Perkins Coie on

The Court of Appeal confirmed that the rights to floodwater captured and stored in an aquifer beneath property were not personal property but rather appurtenant to the land and were transferred with the property during a...more

Greenberg Glusker LLP

Supreme Court Narrows EPA’s Authority to Set Limitations in Clean Water Act Permits

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On March 4, 2025, the Supreme Court issued its opinion in City and County of San Francisco v. Environmental Protection Agency, holding that EPA does not have the authority to issue “end-result” requirements in National...more

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