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State and Local Government Rulemaking Process Government Agencies

Stoel Rives - Renewable + Law

Oregon EFSC Proposes Rule Changes to Energy Facility Site Certificate Amendment Process

Last month, the Oregon Energy Facility Siting Council (EFSC) proposed changes to its rules on site certificate amendments in OAR 345 Division 27. These rules govern the process by which the Oregon Department of Energy (ODOE)...more

Dickinson Wright

Major Updates to Florida’s Rulemaking Process – What You Need to Know

Dickinson Wright on

Effective July 1, 2025, Florida has significantly revised how state agencies develop and adopt regulations. These changes, enacted under Chapter 2025-189, Laws of Florida, aim to increase transparency, consistency, and public...more

Saul Ewing LLP

New Jersey Board of Public Utilities Implements the Garden State Energy Storage Program, an Incentive Program to Encourage...

Saul Ewing LLP on

OVERVIEW - The New Jersey Board of Public Utilities (“the BPU”) in an order dated June 18, 2025 has taken the first step to implement the New Jersey Clean Energy Act of 2018 by unveiling a multiphase program incentivizing...more

Stinson LLP

Wisconsin Supreme Court Upholds State's Authority to Regulate PFAS Without Formal Rulemaking

Stinson LLP on

On June 24, 2025, the Wisconsin Supreme Court rejected a challenge to the authority of the Wisconsin Department of Natural Resources (WDNR) to compel the cleanup of perfluoroalkyl and polyfluoroalkyl (PFAS) substances under...more

Akin Gump Strauss Hauer & Feld LLP

Minnesota to Delay PFAS Reporting Deadline

Earlier this week, the Minnesota Pollution Control Agency (MPCA) announced it will extend the upcoming reporting deadline under the state’s PFAS-in-Products law. As currently written, the law requires manufacturers of...more

Bergeson & Campbell, P.C.

MPCA Will Postpone January 1, 2026, Reporting Deadline On Products Containing Intentionally Added PFAS

This week the Minnesota Pollution Control Agency (MPCA) posted Parts One and Two of its response to pre-hearing and hearing comments. Part One states that 67 commenters submitted written comments on the April 2025 proposed...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Board of Public Utilities Launches Much Anticipated Garden State Energy Storage Program

What You Need to Know - • The New Jersey BPU has issued an Order launching a comprehensive energy storage incentive framework, the Garden State Energy Storage Program, or GSESP, which marks a significant milestone in New...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

Baker Botts L.L.P.

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

Baker Botts L.L.P. on

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

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

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

Jones Day on

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

Mayer Brown

Governo de Minas Gerais cria agência reguladora de Transportes

Mayer Brown on

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

Clark Hill PLC

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

Clark Hill PLC on

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

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

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

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

Cozen O'Connor

Republican AGs Urge EPA to Recognize Greater State Control over Waterways

Cozen O'Connor on

A group of 18 Republican AGs and the Arizona legislature submitted a comment letter in response to the EPA’s request for feedback on the definition of “waters of the United States” (WOTUS), which determines which water bodies...more

Bradley Arant Boult Cummings LLP

Court Voids Alabama Medical Cannabis Awards: What’s Next on This Far Too Long, Too Strange Trip?

On Monday — the day after the holiest of days on the cannabis calendar and just days after a hearing during which the Montgomery County Circuit Court heard arguments about whether an emergency rule promulgated by the AMCC in...more

Fox Rothschild LLP

Minnesota Adopts Final Cannabis Rules

Fox Rothschild LLP on

Today, Minnesota’s Office of Cannabis Management announced that Minnesota’s final set of adult-use cannabis rules have been approved, will be publish in the State Register, and will go into effect later this month. After the...more

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

Applying Mussels Absent Ammonia Criteria: Missouri Department of Natural Resources Public Notices Draft Procedure

The Missouri Department of Natural Resources (“MDNR”) is holding on April 10th a Water Quality Standards (“WQS”) Workgroup meeting to consider (among other things): Draft Procedure for applying mussels absent ammonia...more

Bergeson & Campbell, P.C.

Maine Board of Environmental Protection Will Consider Proposed PFAS Rule at Its April 7, 2025, Meeting

The Maine Board of Environmental Protection (MBEP) will consider the Maine Department of Environmental Protection’s (MDEP) December 2024 proposed rule regarding products containing per- and polyfluoroalkyl substances (PFAS)...more

Frost Brown Todd

Indiana Political Subdivisions Required to Livestream, Record, and Archive All Public Meetings Beginning July 1, 2025

Frost Brown Todd on

In 2023, the Indiana General Assembly adopted HEA 1167-2023, which created a new statutory section within the Open-Door Law statutes (I.C. 5-14-1.5-2.9). That statute was subsequently amended in HEA 1306-2024 and is scheduled...more

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