News & Analysis as of

Proposed Rules Environmental Litigation

Ogletree, Deakins, Nash, Smoak & Stewart,...

EPA’s 2024 Asbestos Ban Paused as Fifth Circuit Grants Abeyance for Rule Reconsideration

The U.S. Environmental Protection Agency’s (EPA) 2024 ban on chrysotile asbestos, a landmark regulatory action under the Toxic Substances Control Act (TSCA), is now subject to significant delay following legal challenges and...more

Vinson & Elkins LLP

Dredging Ahead: Army Corps Proposes to Reissue Nationwide Permits

Vinson & Elkins LLP on

The federal government is continuing to implement President Donald Trump’s Unleashing American Energy mandate to promote domestic energy and infrastructure projects. On June 18, 2025, the U.S. Army Corps of Engineers...more

Pillsbury - PFAS Observer

D.C. Circuit Grants Latest Abeyance Extension in PFAS MCL Litigation

On June 5, 2025, the U.S. Court of Appeals for the D.C. Circuit granted the EPA’s third request to continue holding in abeyance consolidated litigation challenging the agency’s national drinking water regulation for six per-...more

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

Waters of the United States/Clean Water Act: Associated General Contractors of America Comments Addressing Potential Revisions

The Association of General Contractors of America (“AGC”) submitted April 23rd comments to the United States Environmental Protection Agency and U.S. Army Corps of Engineers (“collectively, “EPA”) regarding potential...more

Winstead PC

Trump Administration Redefines “Harm” Under The Endangered Species Act (ESA)

Winstead PC on

On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (together, the “Services”) proposed to rescind their longstanding regulatory definition of “harm”, which has for decades served...more

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

Definition of Harm/Endangered Species Act: EarthJustice Comments Addressing U.S. Fish and Wildlife Service Proposed Rule

The environmental organization Earthjustice submitted May 19th comments to the United States Fish and Wildlife Service and National Marine Fishery Service (collectively, “Services”) addressing their proposed rescission of the...more

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

Alabama Water Quality Criteria/Toxicity Values: Six Environmental Organizations Submit Petition to Alabama Environmental...

Six environmental organizations submitted an April 15th Petition to the Alabama Environmental Management Commission to amend Ala. (ADEM) Admin. Code Chap. 335-6-10, Appendix A....more

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

Citizen Suit Action/ Clean Water Act: Environmental Defense Alliance Notice of Intent to Sue U.S. Environmental Protection Agency...

Mr. David A. Ludder Transmitted a February 7th document to the United States Environmental Protection Agency (“EPA”) styled: Notice of Intent to Sue Administrator under Clean Water Act §505(a)2,33U.S.C. §1365 (a)2....more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — February 2023

Regulatory Developments - During the past several weeks, there have been a couple of notable developments in connection with the SEC’s proposed climate disclosures rule, “The Enhancement and Standardization of...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — November 2022

Regulatory Developments. During the past month, there have been two notable developments in connection with the SEC’s proposed climate disclosures rule — “The Enhancement and Standardization of Climate-Related Disclosures for...more

Pillsbury Winthrop Shaw Pittman LLP

Industry Awaits as the TSCA PFAS Reporting Rule Looms

EPA has proposed a special one-time reporting rule that will require businesses to go on record with the agency memorializing their contributions to PFAS in the marketplace. The final PFAS reporting rule is expected to be...more

Perkins Coie

California Court Rules Bees Can Be Listed Under the California Endangered Species Act

Perkins Coie on

In a notable decision interpreting the California Endangered Species Act (CESA), a California court of appeal ruled that insects are eligible for listing as threatened, endangered, or candidate species under the act. See...more

Morgan Lewis

Supreme Court Stays District Court Order Vacating 2020 Clean Water Act Certification Rule

Morgan Lewis on

The US Supreme Court issued an order on April 6 staying the district court vacatur of the US Environmental Protection Agency’s 2020 Clean Water Act Section 401 Certification Rule, which imposed restrictions on state and...more

Holland & Hart LLP

More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project

Holland & Hart LLP on

Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more

Foley Hoag LLP - Global Business and Human...

New E.U. Measure on Environmental and Human Rights Due Diligence Has Far-Reaching Implications for Companies Operating in Europe...

On March 10, 2021, the European Parliament approved a legislative measure by an overwhelming 504-79 majority that paves the way for a landmark set of regulations setting a corporate duty of care regarding environmental...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - June 2020 #4

Fossil Fuels Still Supply 84 Percent of World Energy — and Other Eye Openers from BP’s Annual Review - "China was responsible for three quarters of the world’s energy consumption growth, followed by India and Indonesia....more

Pillsbury Winthrop Shaw Pittman LLP

EPA’s Wide-Ranging Rule on Perfluoroalkyl Substances

EPA continues its regulation of PFAS by shifting focus to the importation of certain PFAS-containing articles. - EPA goes for the low-hanging fruit by using TSCA to restrict the importation of long-chain PFAS that already...more

Allen Matkins

California Environmental Law & Policy Update - August #2

Allen Matkins on

Focus - EPA will not approve labels that say Roundup chemical causes cancer - U.S. News & World Report – August 8 - The U.S. Environmental Protection Agency (EPA) announced this Thursday that it will not approve...more

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