The geologic sequestration of carbon dioxide (CO2) is a billion-dollar industry and is only projected to grow over the next decade. The key environmental permit needed for these projects is an Underground Injection Control Class VI permit for the injection wells used for geological sequestration. While some states have obtained authority to issue Class VI
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2026 Unified Regulatory Agenda
On July 3, 2026, the administration released its “2026 Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions.” Historically released twice per year, the unified agenda provides a snapshot of numerous regulatory proposals from across federal agencies, including their expected timeframes for finalization. The US Environmental Protection Agency’s share of the agenda…
D.C. Circuit Upholds EPA’s Designation of PFOA and PFOS as Hazardous Substances Under CERCLA: What Businesses and Property Owners Need to Know
On August 18, 2026, the D.C. Circuit upheld EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA. See Chamber of Commerce v. EPA, No. 24-1051 (D.C. Cir., Aug. 18, 2026). The court rejected industry challenges to EPA’s analysis of contamination, cleanup costs, and broader economic impacts. It held that EPA reasonably explained its…
Advisory Council on Historic Preservation Poised to Propose Course Correction to Streamline Cultural Resources and Tribal Consultation
On July 24, 2026, the Advisory Council on Historic Preservation (ACHP) reportedly voted to move forward with a Notice of Proposed Rulemaking (NPRM) to amend the National Historic Preservation Act (NHPA) Section 106 implementing regulations. Subsequently, this NPRM was submitted to the White House Office of Management and Budget and is now awaiting review and…
Federal Court Enjoins Enforcement of California’s Truth in Recycling Law: What This Means for Businesses
On July 14, 2026, a federal court issued a preliminary injunction enjoining California Attorney General Rob Bonta and “all those in privity or acting in concert with” him from enforcing California’s Truth in Recycling Law, SB 343. While this decision is favorable for the plaintiff organizations and their members, it raises additional questions for non-plaintiff…
CARB Holds Public Workshop on Regulatory Concepts for Reporting Under California SB 253
The California Air Resources Board (CARB) held a public workshop on July 21, 2026, to preview regulatory concepts for a forthcoming proposed rule to implement the California Corporate Greenhouse Gas Reporting Program (SB 253) requirements beginning in 2027. CARB did not specify a timeframe for release of the proposed rule, which will be subject to…
Senate Proposal Would Mandate New “Connect and Manage” Approach to Grid Interconnections
On July 16, Senator Martin Heinrich (D-NM), Ranking Democrat on the Senate Energy and Natural Resources Committee, introduced legislation to provide for a streamlined, time-limited electric generation interconnection review process for generation projects that agree to limit their output to a level that will not require grid upgrades. This approach is modeled on the “connect…
Habitat modification is no longer prohibited "take" under the Endangered Species Act
On July 14, 2026, the US Fish and Wildlife Service and the National Marine Fisheries Service (together, Services) issued a final rule rescinding the regulatory definition of “harm” under the Endangered Species Act (ESA) and thereby shifting its interpretation of the ESA’s “take” prohibition to no longer extend to habitat modification. This rule marks the…
Court Resets Key ESA Section 7 Consultation Standards
The Northern District of California vacated portions of four provisions in the Endangered Species Act Section 7 consultation regulations, reinstating earlier regulatory text governing effects of the action, mitigation measures, adverse modification, and the Service’s duty to request reinitiation. Continue Reading ›
California’s “Compostable” Labeling Standard: What to Expect in 2027
Starting in June 2027, California’s “compostable” labeling standard will prohibit certain products from being labeled as “compostable,” even if they are ASTM-certified. This is particularly important considering California’s Extended Producer Responsibility (EPR) law, which will require covered products to be either recyclable or compostable by 2032. Regulated entities should understand the contours of California’s “compostable”…