On February 6, 2026, the US Environmental Protection Agency issued a press release highlighting significant actions addressing per- and polyfluoroalkyl substances (PFAS) taken during the first year of the new administration and signaling continued expansion of efforts affecting regulated entities. The announcement reiterates EPA’s continued commitment to making PFAS a top priority across its programs. The release
Biosolids and PFAS: A Regulatory Patchwork
Biosolids are treated waste solids generated from sewage sludge that have been processed so that they can be applied to land as a fertilizer. Advocates of biosolid use point to its ability to enrich soil without the use of synthetic fertilizers.
Biosolids have long been regulated by the Environmental Protection Agency (EPA) and state regulatory
USFWS Proposes Changes under the Endangered Species Act
The Endangered Species Act (“ESA”) has seen a 99% success rate in protecting listed species since its inception in 1973. After celebrating its 52nd anniversary this year, there are diverging views about how to continue to advance this success while developing efficiencies in the decision-making process. Most recently, the US Fish and Wildlife Service (“USFWS”) published four proposed rulemakings in quick succession that generated thousands of comments from the public, zoo and animal foundations, and other interested parties. The four proposed rules specifically relate to listing and delisting decisions, interagency cooperation and consultation, allowance of economic factors in decision-making, threatened species protection, and critical habitat exclusions. The comment deadline for all four proposed rules was December 22, 2025, despite requests from multiple organizations for an extension of the comment period to March 2026. Over 300,000 comments were received on each proposed rule prior to the deadline.
Court Rejects Privilege Claim Over AI-Generated Documents
A recent federal court decision determined that documents created by a criminal defendant using AI and subsequently shared with legal counsel were not shielded by attorney-client privilege or the work product doctrine. In USA v. Heppner, Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York compelled the
Regulatory Reset: EPA Rescinds 2009 Endangerment Finding, Repeals Greenhouse Gas Vehicle Standards
On Feb. 12, 2026, the U.S. Environmental Protection Agency (EPA) announced its final rule (published at 91 Fed. Reg. 7686) rescinding the 2009 Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act, 74 Fed. Reg. 66496 (Dec. 15, 2009) (Endangerment Finding) and all subsequent federal greenhouse gas (GHG) emission standards for vehicle and engine model years 2012 and onward that relied on the Endangerment Finding.
DOJ Curbs Criminal Prosecutions for Motor Vehicle Tampering but Noncompliance Remains a Costly Proposition
The US Department of Justice (DOJ) recently announced it is “exercising its enforcement discretion to no longer pursue criminal charges . . . on allegations of tampering with onboard diagnostic devices in motor vehicles” under the Clean Air Act (CAA or Act). According to DOJ, this exercise of discretion not to criminally prosecute is based
What to Watch for in 2026: The Trump Administration Resumes Eagle Take Permitting for Wind Facilities
Since its first day in office, the current administration has taken steps to curtail the development of renewable energy, and wind energy in particular. Just over a year in, the administration’s intentions do not seem to have changed, but there are signs that legal challenges are affecting implementation of its policies toward renewable energy development.
Civil Liability – the Supreme Court of the French Judicial System Establishes a General Duty of Environmental Vigilance
The second half of 2025 was marked by the Cour de cassation’s recognition of a general duty of vigilance in environmental matters.
More precisely, by two decisions published in its official report (Cass. civ. 1st, 24 September 2025, no. 23-23.869; Cass. civ. 3rd, 13 November 2025, no. 24-10.954), the Cour de cassation endorsed the principle
The Federal Aviation Administration Adopts New Airworthiness Directive for Bombardier Inc. Airplanes
On February 17, 2026, the Federal Aviation Administration (FAA) issued a final rule adopting a new airworthiness directive (AD) for certain Bombardier Inc. airplanes. This new AD requires locking features to be installed on applicable network interfaces to prevent unauthorized network access. FAA seeks 45-day public comment on any written data, views, or arguments associated
Project Vault: The Promises and Pitfalls of the Critical Minerals Stockpile Initiative
The recently announced stockpile represents significant opportunities, but much of that depends on unresolved details that companies must continue to monitor.
By Charles E. Carpenter, Joshua W. Marnitz, and Austin J. Pierce
Key Points:
- The $12 billion stockpile has been characterized as similar to other US strategic “reserves” but has a distinct setup