Your Guide to Emerging Issues in Environmental Regulation and Litigation.
Between 2025 and 2026, several proposed changes to New York’s lead regulations have emerged at both the state and city levels. One of the most significant is Bill S122A, introduced last year, which directs the New York State departments of Environmental Conservation and Health to establish updated standards for lead contamination in ambient air, soil, …
Recently, while speaking at a conference in Washington D.C., the Environmental Protection Agency’s head of the Office of Water, Jessica Kramer, indicated the administration is revisiting the Biden administration’s limits on per- and polyfluoroalkyl substances (PFAS), commonly referred to as “forever chemicals,” in drinking water. The prior limits were put in place by the Biden …
The Mercury and Air Toxics Standards (MATS) are federal air pollution regulations issued by the U.S. Environmental Protection Agency (EPA) under the Clean Air Act. Finalized in 2012 and effective beginning in 2015, MATS establish technology‑based emission limits for hazardous air pollutants (HAPs) emitted by coal‑ and oil‑fired power plants. In 2024, the EPA finalized …
On March 13, 2026, the U.S. Department of Justice (“DOJ”) and Department of Transportation (“DOT”) on behalf of the U.S., filed suit against California in the United States District Court for the Eastern District of California to block the California fuel mandates. At issue are regulations established by the California Air Resources Board (“CARB”). The …
Earlier this year, New Jersey Governor Phil Murphy signed the Protecting Against Forever Chemicals Act, sponsored by Senators Linda Greenstein and Bob Smith. The Act seeks to address intentionally added perfluoroalkyl or polyfluoroalkyl chemicals (PFAS) in consumer products; it also funds mandated PFAS-related research. Beginning two years after the Act’s effective, January 12, 2026, the …
In August 2024, the NJDEP introduced the Resilient Environments and Landscapes (REAL) rule amendment package as part of the Protecting Against Climate Threats (NJPACT) initiative. These rules are meant to reform New Jersey’s environmental land-use regulations by including current and projected climate-change impacts, such as sea-level rise, chronic flooding, and extreme weather, into all major …
On February 24, 2026, the Department of the Interior published its final rule in the Federal Register, overhauling the regulations implementing the National Environmental Policy Act (NEPA). The Rule adopts the interim final rule published on July 3, 2025, with minor changes. NEPA was signed into law by President Richard Nixon in 1970 and requires …
Despite boasting the largest population in the United States and being one of the most sought-after places to the live on earth, over the last couple of decades New York City has increasingly struggled with a shortage of housing. Restrictive zoning regulations and New Yorkers leery of the prospect of skyscrapers popping up in their …
You may think you’ve seen the last of Chevron deference, but in the year since SCOTUS pronounced the era of Chevron dead, it has garnered more attention than ever. As a reminder, Chevron deference was overturned in the 2024 Loper Bright case, which held that federal courts may not defer to an agency’s interpretation of an …
On June 18, the U.S. Supreme Court issued a 6–3 decision in Nuclear Regulatory Commission v. Texas, 605 U.S. ___ (2025), authored by Justice Kavanaugh with Justices Gorsuch, Thomas, and Alito dissenting. The case concerned the U.S. Nuclear Regulatory Commission’s (NRC) approval of a 40-year license for Interim Storage Partners (ISP) to store spent nuclear …