On September 3, the U.S. Court of Appeals for the Fifth Circuit heard oral arguments in State of Mississippi et al. v. U.S. Department of Energy (DOE), a closely watched case challenging DOE’s direct final rule (DFR)…
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/ Administrative Law, Energy & Utilities
Now under review at the Office of Management and Budget (OMB) is a draft proposed rule that could dramatically reduce the scope of the Per- and Polyfluoroalkyl Substances (PFAS) Reporting Rule under Section 8(a)(7) of the Toxic…
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/ Administrative Law, Environmental Law
On August 15, 2025, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued Notice 2025-42 (Guidance), updating the rules on when construction is considered to have “begun” for purposes of…
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/ Energy & Utilities, Environmental Law, Taxation
As reported previously, we anticipate environmental nongovernmental organizations (eNGOs) to file more citizen suits in response to reduced federal enforcement by the U.S. Environmental Protection Agency (EPA). Some eNGOs have…
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/ Administrative Law, Energy & Utilities, Environmental Law
Food and food ingredient manufacturers take note: it’s not just the U.S. Food and Drug Administration (FDA) advancing “Make America Healthy Again” (MAHA) priorities. States are increasingly involved, as well. Several have…
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/ Administrative Law, Consumer Protection, Health
Key Takeaways -
What Happened: A leaked draft of the Make Our Children Healthy Again Strategy (the Make America Healthy Again (MAHA) Commission’s action plan) is circulating. The draft outlines extensive executive branch…
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/ Agriculture, Environmental Law, Health
Last week, the U.S. Court of Appeals for the Fifth Circuit upheld the Texas Commission on Environmental Quality’s (TCEQ) issuance of an amended New Source Review (NSR) air permit to multinational joint-venture Port Arthur LNG…
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/ Administrative Law, Energy & Utilities, Environmental Law
Key Developments -
At the end of the legislative session, Texas Governor Greg Abbott signed House Bill 49, limiting tort actions relating to the beneficial use of produced water, a byproduct of oil and gas extraction…
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/ Administrative Law, Energy & Utilities, Environmental Law
Under California’s Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54), deadlines are currently set for this Fall. The draft regulations under SB 54 have a registration deadline of “30 days after the…
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/ Environmental Law
Key Takeaways -
What is Happening? On August 13, 2025, the U.S. District Court for the Central District of California (the District Court) denied the motion for a preliminary injunction filed by the United States Chamber of…
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/ Administrative Law, Constitutional Law, Environmental Law
Three U.S. states – Maine, Minnesota, and New Mexico – have laws restricting intentionally added per- and polyfluoroalkyl substances (PFAS) in all products under various compliance deadlines. In each of these laws, the…
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/ Administrative Law, Environmental Law
Key Takeaways -
What Happened? On July 29, 2025, the U.S. Environmental Protection Agency (EPA) published a proposed rule to rescind the 2009 Greenhouse Gas (GHG) Endangerment Finding (“Endangerment and Cause or Contribute…
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/ Energy & Utilities, Environmental Law, Transportation
Key Takeaways -
What happened: Over the last few weeks, individual federal agencies have issued interim final rules (IFRs) to largely rescind their existing NEPA regulations. Agencies have replaced those regulations with a…
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/ Administrative Law, Energy & Utilities, Environmental Law
Key Takeaways What Happened: A Federal District Court in California ruled as a matter of statutory interpretation that certain mandatory water contract conversions for the Central Valley Project are not subject to environmental…
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/ Administrative Law, Agriculture, Environmental Law
Key Takeaways -
President Trump issued a new Executive Order (EO) that directs agencies to streamline reviews, prioritize high-capacity projects, and support infrastructure critical to AI and national security. The move aims…
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/ Energy & Utilities, Environmental Law, Science, Computers, & Technology
