Environmental Law Monitor

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January 29, 2026 • Emissions, Environmental Law Monitor, Illinois

Illinois Supreme Court Resolves Hotly Contested Pollution Exclusion Issue with Significant Impact for Ethylene Oxide and Other Environmental Litigation

On January 23, 2026, in a case involving an insurance coverage dispute, the Illinois Supreme Court answered a question certified by the Seventh Circuit Court of Appeals about whether and, to what extent, a permit or regulation authorizing emissions is relevant to the application of a pollution exclusion contained in a standard-form commercial general liability …

January 29, 2026 • Clean Water Act, Environmental Law Monitor, EPA

Streamlining Progress or Scaling Back Protections? EPA Proposes Section 401 Revisions

On January 13, 2026, the U.S. Environmental Protection Agency announced a proposed rule to update procedural provisions of Section 401 of the Clean Water Act (CWA), which governs the water quality certification process for federally licensed or permitted projects. Section 401 of the Clean Water Act requires that before a federal agency can issue a …

January 29, 2026 • Clean Power, Environmental Law Monitor, EPA

States Lose Motion to Freeze EPA Solar for All Funds during Litigation

Earlier this month, Seattle U.S. District Court Judge Tiffany M. Cartwright denied a motion for a preliminary injunction that sought to block the U.S. Environmental Protection Agency from cutting solar power grant programs during the pendency of the litigation challenging the EPA’s termination of the Solar for All Program. Back in October 2025, 23 states and …

Bottles Plastic Tubes For Cosmetics Packaging

January 22, 2026 • Environmental Law Monitor, PFAS

Beauty Isn’t Always Natural: FDA Releases Long-Awaited Report on PFAS in Cosmetic Products

Recently, the Food and Drug Administration (FDA) released its “Report on the Use of PFAS in Cosmetic Products and Associated Risks”, evaluating per- and polyfluoroalkyl substances (PFAS) and their use in cosmetic products. The Modernization of Cosmetics Regulation Act of 2022 (MoCRA) – the most significant expansion of the FDA’s authority to regulate cosmetics in …

Beautiful nature at morning in misty spring forest with sun

January 16, 2026 • Environmental Law Monitor, NEPA

Will NEPA Rollbacks Spell Economic Growth and Efficiency or Will the Environment Bear the Cost of Deregulation?

The National Environmental Policy Act (NEPA) has been one of the nation’s bedrock environmental laws since its enactment on January 1, 1970. Last year, an “interim final rule” was put into effect that rescinded all White House regulations related to NEPA, which had outlined how environmental analyses should be conducted. On January 7, 2026, the …

January 16, 2026 • California, Climate Change, Environmental Law Monitor

Corporate Speech and Climate Policy Collide: The Appeal at the Center of California’s Disclosure Laws

In 2023, the California State Assembly approved two bills – SB 253 and SB 261 – as part of the state legislature’s climate accountability package. SB 253 mandates that public and private companies doing business in California with annual gross revenues above $1 billion disclose their greenhouse gas emissions, and SB 261 requires that companies …

January 8, 2026 • Emerging Issues, Environmental Law Monitor

New Jersey Appellate Court Upholds State Environmental Justice Rules

A three-judge appellate panel on Jan. 5 affirmed New Jersey’s environmental justice rules challenged by various industry and labor groups. Ultimately, the panel concluded that the New Jersey Department of Environmental Protection (DEP) acted within its authority by adopting the legislature’s environmental justice rules (also known as the EJRules). In particular, the panel concluded that …

January 8, 2026 • Environmental Law Monitor, EPA, Toxic Substances

EPA’s First Confidential Business Information Claims Deadline Is June 2026: What Companies Should Do to Prepare

The U.S. Environmental Protection Agency announced Jan. 5 the process it will be using to notify manufacturers and users of certain toxic substances about imminently expiring confidential business information claims (CBI) under the Toxic Substances Control Act (TSCA). Companies request CBI claims as to proprietary information or knowledge – such as manufacturing processes and chemical formulas …

December 23, 2025 • Environmental Law Monitor, General

Happy Holidays from Environmental Law Monitor

We at Goldberg Segalla’s Environmental Law Monitor would like to take this opportunity to wish all our subscribers and their families a very happy holiday season and peace and joy in the New Year. The world of environmental law was as busy as it was interesting this past year, and we expect the same in 2026. …

December 18, 2025 • Environmental Law Monitor, New York, PFAS

New York Publishes Sweeping New Guidance and Policies on PFAS

The New York Department of Environmental Conservation (DEC) recently announced a comprehensive set of actions and resources aimed to address PFAS contamination in the state. The DEC’s “A Decade of Progress on PFAS: Summarizing DEC’s Continued Response” contains a progress report detailing New York’s leadership regarding PFAS policy over the last 10 years, along with …