In a published opinion filed March 4, 2026, the Third District Court of Appeal affirmed the trial court’s post-judgment order denying losing CEQA plaintiffs’ motion for attorneys’ fees brought pursuant to Code of Civil Procedure (“CCP”) section 1021.5 under a catalyst theory. Physicians for Social Responsibility – Los Angeles et al. v Department of Toxic Substances Control (2026) 118 Cal.App.5th 1071. It held the trial court did not abuse its discretion in denying fees where the underlying action was adjudicated to a final judgment adverse to plaintiffs and defendant’s voluntary post-litigation actions altering an FEIR’s analysis were thus not performed under threat of judicial compulsion.
EU and UK Corporate Sustainability Reporting Updates
There were some significant developments in the corporate sustainability reporting world this week: the EU published the directive implementing the so-called ‘Omnibus 1 package’ (the “Omnibus 1 Directive”), whilst the UK Government published finalised versions of the UK Sustainability Reporting Standards (“UK SRS”).
Omnibus 1 Directive
On 26 February 2026, the…
Recent Years Have Seen Major Shifts to the NEPA Landscape
In recent years, there have been major shifts involving the National Environmental Policy Act (NEPA) and its implementing regulations as a result of statutory amendments, court decisions, and the Trump Administration’s efforts to streamline federal permitting. For decades, NEPA’s sparse statutory language provided few specifics on NEPA implementation, and the regulatory framework was based on…
EPA Proposes to Revise RMP Regulations (Again)—What It Means for Regulated Facilities
For the fourth time in the last ten years, the US Environmental Protection Agency (EPA) has proposed to modify its Risk Management Program (RMP) regulations. EPA will hold a public hearing on the proposed modifications on March 10, 2026, and is accepting written public comment on the proposal through April 10, 2026.Continue Reading ›
The Release Report #10: The RBCRs Are Here!
This is the tenth in a series of blog posts discussing key features of Connecticut’s new release-based cleanup regulations (the “RBCRs”), R.C.S.A. § 22a-134tt-1 et seq.
At long last, the RBCRs are here! With a March 1, 2026, effective date, the RBCRs are now live. In this post, we will provide a brief refresher on what that…
Fashion Accountability Update: New York Bill Lives On
In 2025, four states—California, Massachusetts, New York, and Washington—proposed fashion accountability bills. These bills would require high-earning entities in the fashion industry to conduct extensive supply chain due diligence, and to monitor and report greenhouse gas (GHG) emissions, water use, and chemical management.Continue Reading ›
CARB Board Approves Climate Disclosure Initial Regulations
During its monthly meeting on February 26, 2026, the California Air Resources Board (CARB) approved staff’s proposed initial implementing regulations for California’s climate emissions disclosure and financial risk reporting laws enacted in 2023, SB 253 and SB 261. The rulemaking package approved by the Board establishes CARB’s administration and implementation fee program and finalizes key regulatory…
UK Government Publishes Final Sustainability and Climate-Related Reporting Standards
UK SRS S1 and S2 are now available for voluntary use, while the UK government considers which companies should be required to report under the new standards.
By Michael D. Green, Nicola Higgs, Betty M. Huber, Anne Mainwaring, James Bee, Toon Dictus, and Sara Sayma
On 25 February 2026,…
ABA OSHA Midwinter Meeting – Day 3 Recap (February 27)
Our OSHA Practice Group wrapped up the final full day of the ABA Workplace and Occupational Safety and Health Law Committee’s Midwinter Meeting in San Juan with sessions that took a deep dive into the future of AI in safety, trial advocacy in OSHA litigation, necessary modernization of longstanding OSHA standards, and the ethical landscape…
New Jersey Enacts PFAS-in-Products Statute with Category-Based Sales Ban, Labeling for Cookware, and Funding of Source Reduction and Research Programs
On January 12, 2026, before leaving office, New Jersey Governor Phil Murphy signed S.B. 1042, the “Protecting Against Forever Chemicals Act,” into law, thus adding the Garden State to the list of states that have enacted legislative bans on the sale of certain product categories that contain intentionally added PFAS. Beginning in 2028, the law…