Environmental Law & Policy Monitor

Analysis and commentary on developments in environmental and natural resources law

Latest from Environmental Law & Policy Monitor

Key Takeaways

  • The National Association of Wholesaler-Distributors filed another lawsuit against a state extended producer responsibility program, challenging Colorado’s Producer Responsibility Program for Statewide Recycling Act (House Bill 22-1355).
  • In addition to challenging the law’s constitutionality, the lawsuit targets practical compliance issues such as itemizing EPR costs on invoices, fee dispute resolution, and mandatory participation

On July 14, 2026, the U.S. District Court for the Southern District of California halted enforcement of California’s Truth in Recycling law (SB 343), which prohibits use of the “chasing arrows” symbols and other recyclability claims on product packaging unless the packaging meets California’s strict standards. Broadly speaking, under SB 343 an item may

Key Takeaways

  • CARB held a public workshop on July 21, 2026, to preview SB 253 regulatory concepts for 2027 and beyond (with no changes to 2026 reporting obligations).
  • CARB’s December 2024 enforcement notice remains the operative guidance for 2026 reporting; companies must report only data already being collected as of the date of that notice,

Key Points

  • The U.S. Fish and Wildlife Service and National Marine Fisheries Service issued a final rule rescinding the definition of “harm” from ESA regulations at 50 C.F.R. § 17.3 and 50 C.F.R. § 222.102, eliminating the long-standing regulatory interpretation that habitat modification resulting in death or injury of listed species constitutes prohibited take.
  • The

Key Takeaways

  • California’s extended producer responsibility (EPR) law, Senate Bill (SB) 54, is facing a broad constitutional challenge brought by 17 states and the National Association of Wholesaler-Distributors (NAW).
  • The lawsuit targets core features of California’s EPR framework, including source-reduction mandates, recyclability and recycling-rate targets, producer fees, the $500 million annual environmental mitigation surcharge, and

Takeaways

  • First-of-its-kind program: California’s Responsible Textile Recovery Act of 2024 (SB 707) creates a statewide extended producer responsibility (EPR) framework for apparel and textile articles.
  • July 1, 2026 deadline: “Producers” of “covered products” must register with CalRecycle-approved producer responsible organization (PRO) Landbell USA.
  • August 13, 2026 workshop: CalRecycle will seek feedback on informal regulatory concepts

California and Maryland ushered in a number of Extended Producer Responsibility (EPR) obligations last week. Although packaging EPR laws in Oregon and Colorado have been operational for some time, recent milestones in California and Maryland will bring their programs into full swing this summer. While not yet fully implemented, Minnesota and Washington’s programs also hit

On April 23, 2026, Maine became the first U.S. state to enact an extended producer responsibility (EPR) law that targets “electronic smoking devices” used to consume nicotine and cannabis. The Act to Create a Stewardship Program for Electronic Smoking Devices and Related Products (LD 1519) applies to every company that qualifies as a

Last month, the U.S. Environmental Protection Agency (EPA) announced the draft Sixth Contaminant Candidate List (CCL 6) under the Safe Drinking Water Act (SDWA) and released it for public comment. CCL 6 identifies contaminants that are not yet regulated but are known or anticipated to occur in public water systems and may require future regulation.

On April 21, Troutman Pepper Locke secured a landmark preliminary injunction on behalf of a consortium of eight regional renewable energy trade groups and a renewable energy nonprofit, blocking further implementation of five directives issued by the Department of the Interior (DOI) and the Army Corps of Engineers (the Corps) aimed at creating impediments for