Your Guide to Emerging Issues in Environmental Regulation and Litigation.
On October 15, 2026, the Federal Energy Regulatory Commission (FERC) issued two proposals aimed at speeding up approvals of natural gas infrastructure projects by narrowing the scope of its environmental reviews. FERC’s intention is to streamline agency reviews to help ensure that necessary pipeline and liquefied natural gas (LNG) facilities are both approved and built …
The Environmental Protection Agency on Oct. 5 published its final FY 2027 Evidence Plan, outlining how the agency will leverage emerging technology to modernize its regulatory framework. Authorized by the Foundations for Evidence-Based Policymaking Act of 2018, the plan notably replaces the term “Artificial Intelligence” from its initial draft with “Super Intelligence” (SI), which is …
After years of failed attempts, senators from both political parties finally appear on the brink of comprehensive permitting reform meant to speed up permitting reviews for new energy and infrastructure projects. Those projects currently face delays that run for years, while demand for electricity and other energy keeps growing exponentially. On September 30, just before …
The U.S. Supreme Court on June 25 decided Monsanto Co. v. Durnell, 146 S. Ct. 2001 (2026), holding that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136v(b), expressly preempts a state-law failure-to-warn claim that would require a cancer warning on a pesticide label that the U.S. Environmental Protection Agency (EPA) approved …
A coalition of more than 20 states and several cities led by New York Attorney General Letitia James lodged a petition on Oct. 1 in the U.S. Court of Appeals for the D.C. Circuit, challenging the Environmental Protection Agency’s recent repeal of greenhouse gas-emission limits for coal-and-gas-fired power plants (covered by Goldberg Segalla’s ELM here: …
Less than a month after the Northern District of New York invalidated New York State’s Climate Change Superfund Act (see our prior blog on this decision here), a second federal court has reached the same result. Judge P. Kevin Castel of the Southern District of New York on Sept. 23 granted summary judgment declaring the …
The Trump administration on Sept. 28 released new Corporate Average Fuel Economy (CAFE) standards, easing the fuel economy requirements that were strengthened under President Biden. Transportation Secretary Sean Duffy stated that the rollback will increase American auto manufacturing, cut unnecessary regulations, and reduce car prices. Proponents, including National Economic Council Director Kevin Hassett, further stated …
PFAS remains at the forefront of environmental regulation and litigation, with product labeling requirements emerging as the newest battleground. While no federal law currently requires consumer-facing PFAS labels, several states have enacted their own disclosure and labeling requirements, creating a fragmented regulatory landscape for manufacturers. At the federal level, the EPA’s efforts have focused on …
Under Connecticut’s new law — Connecticut General Statutes §22a-903c — manufacturers, distributors, and sellers of certain consumer products containing perfluoroalkyl or polyfluoroalkyl chemicals (PFAS), commonly known as “forever chemicals,” are now, as of July 1, subject to new labeling and reporting requirements. The law will be enforced and overseen by Connecticut’s Department of Energy and …
Earlier this month, the U.S. Environmental Protection Agency announced a new scientific study with the goal of improving its understanding of what pollutants may be present in drinking water. The research will go beyond traditional testing methods to screen for a broad array of pollutants, including pharmaceuticals, PFAS, and more than 1,000 other potential contaminants. …