The California legislature continues to advance Senate Bill 601 (SB 601), the “Right to Clean Water Act,”[1] which aims to safeguard protections for California’s streams and wetlands that lost federal protection under the Clean Water Act (CWA) as a result of the Supreme Court’s 2023 Sackett v. U.S. EPA decision. If approved, SB
New German Government Takes Office: Key Developments in ESG and Supply Chain Laws
The Coalition focuses on reducing regulatory burden in supply chain requirements, achieving net zero by 2045, and voluntary measures in environmental and resource management.
By Axel Schiemann, Stefan Bartz, Joachim Grittmann, and Falko Schmidt
Following the German federal election in February 2025, the new coalition consisting of CDU/CSU and SPD (the Coalition)
Dismantling BRIC, Brick By Brick
Several years ago, many of us were stunned to learn how much funding would run through FEMA’s BRIC program (Building Resilient Infrastructure and Communities). Traditionally, significant money only ran through the U.S. Army Corps of Engineers’ Civil Works Program. Big funds from FEMA tended to show up only after a disaster. But BRIC was going to change
Shale Law Weekly Review—Week of April 21, 2025
National Energy Policy: Bureau of Land Management Rescinds Environmental Impact Statement Requirement 
On April 11, 2025, the Bureau of Land Management (BLM) rescinded its notice which had required seven states to prepare an environmental impact statement (EIS) for various oil and gas operations. The seven states affected are Colorado, Montana, New Mexico, North Dakota, South
Empire Wind 1 Stop-Work Order Targets Offshore Wind but Raises Questions for Other Industries
On Wednesday, April 16, Secretary of the Interior Doug Burgum directed the Bureau of Ocean Energy Management (BOEM) to order Equinor to “stop work” on its 812 megawatt Empire Wind 1 project just outside of New York Harbor. This project is a major component of New York’s plan to meet its 2040 carbon zero goal,
No Harm, No Foul? Services Propose to Remove Harm Definition from Endangered Species Act Regulations
On April 17, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together Services) published a proposed rule to rescind the long-standing definition of “harm” under the Endangered Species Act (ESA). The proposal appears to be one of the first in response to President Trump’s April 9 Presidential Memorandum, “Directing
China Expands Its National Carbon Emission Trading Scheme to More Industries
The scheme’s expansion to include the steel, cement, and aluminum smelting industries increases the program’s coverage to 60% of China’s total greenhouse gas emissions.
By Paul A. Davies, JP Brisson, Michael Green, and Qingyi Pan
On March 26, 2025, China’s Ministry of Ecology and Environment (the MEE) published the “Work Plan for
District Court Strikes Down FDA’s LDT Rule, Opens the Door for Challenges to FDA’s Regulation of Other “Services” as Medical Devices
On Monday, March 31, a court in the Eastern District of Texas found unlawful and vacated the Food and Drug Administration’s 2024 Rule regulating as “devices” under the Food, Drug, and Cosmetic Act FDCA, certain laboratory-developed tests used to diagnose, monitor, or determine treatment for diseases and conditions. The decision, American Clinical Laboratory Assoc. v. FDA, No.
EU Delays CSRD and CSDDD Implementation with “Stop-the-Clock” Directive
On April 16, 2025, the “Stop-the-Clock” Directive was published in the EU Official Journal. It constitutes a significant amendment to the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CSDDD) as it key sustainability reporting and due diligence obligations.
Key Changes Introduced
- CSRD Reporting Delay: The directive postpones CSRD reporting
European Commission Announces Simplifications to the Implementation of the EU Deforestation Regulation
The updated guidance includes simplification measures allowing due diligence statements’ reuse, annual submission, and management by authorised representatives on behalf of companies.
By Paul A. Davies, Michael D. Green, James Bee, and Toon Dictus
On 15 April 2025, the European Commission (the Commission) announced measures to simplify the implementation of the EU