On December 5, 2025, the U.S. Environmental Protection Agency’s Office of Enforcement and Compliance Assurance issued a memorandum titled “Reinforcing a ‘Compliance First’ Orientation for Compliance Assurance and Civil Enforcement Activities”(Compliance Memorandum). The Compliance Memorandum, nicknamed the Pritzlaff Memo, directs staff to prioritize efficient compliance over punitive measures, supporting the agency’s “Powering the
METI Proposes Price Cap Reductions in Japan’s Balancing Market: Implications for Battery Energy Storage Systems
The Japanese Ministry of Economy, Trade and Industry (METI) has proposed revisions to the price cap structure in Japan’s balancing market that may materially impact the economics of battery energy storage system (BESS) projects in Japan.
Under proposals presented to METI’s System Review Working Group in late October 2025 (the METI proposal), from April 2026
US Army Corps of Engineers Finalizes 2026 Nationwide Permit Package
On January 8, 2026, the U.S. Army Corps of Engineers finalized 57 Nationwide Permits first proposed in June of last year. Nationwide Permits (NWPs) are streamlined federal permits for activities that affect waters of the United States, ranging from routine development and infrastructure projects to major projects. In this action, the Corps:
- Reissues and modifies
Navigating the New Public Health Environment: How Employers Should Approach CDC and NIOSH Guidance on Health Hazards in the Trump Administration
Under OSHA’s General Duty Clause, employers must provide a workplace free from recognized hazards likely to cause serious injury or death. OSHA regulations require PPE and respiratory protection where necessitated by the hazards at the workplace. Infectious diseases represent a recognized hazard at many workplaces across the United States (particularly in healthcare) and employers must
Agricultural Law Weekly Review—January 13, 2026
Register Now! Educational programming for January:
Jan. 21, AgWorks: Wage and Hour Laws—Requirements and Exemptions
Jan. 23, Understanding the Basics of Pennsylvania’s Seasonal Farm Labor Law (Atty CLE)
Jan. 27, Quarterly Dairy Legal Webinar: Standards of Identity—Regulations & Current Issues (Atty CLE)
Food Policy: USDA, HHS Publish Dietary Guidelines for Americans 2025–2030
On January 7,
Third District Affirms Judgment Denying Validation of DWR Bonds to Finance Amorphously Defined “Delta Program” Conveyance Facilities As Unauthorized By Water Code Section 11260, Mooting Appeals of Unsuccessful CEQA Challenges
In a mostly published 43-page opinion filed December 31, 2025, the Third District Court of Appeal affirmed the trial court’s judgment in consolidated actions consisting of the Department of Water Resources’ (“DWR”) in rem validation action seeking to validate its authority to issue revenue bonds for the “Delta Program,” and a reverse-validation action brought under CEQA, the Delta Reform Act, and the public trust doctrine by various environmental NGOs, and other governmental agencies and entities, challenging that authority. Department of Water Resources v. The Metropolitan Water District of Southern California et al. / Sierra Club et al. v. Department of Water Resources (The Metropolitan Water District of Southern California et al., Real Parties in Interest) (2025) _117 Cal.App.5th 751. The Court of Appeal held the trial court properly denied validation of DWR’s authority to issue revenue bonds under Water Code § 11260 to finance the planning, acquisition, and construction of the nebulously defined “Delta Program” as a supposed modification of the existing “Feather River Project” component of the State Water Project (“SWP”), which is one of many separate and distinct legislatively-authorized “Units” of the Central Valley Project (“CVP”).
Omnibus I Reforms
After over 12 months of legal uncertainty, the EU has finalised the Omnibus I reforms and there is certainty as to who will need to report under the EU Corporate Sustainability Directive (CSRD) and EU Corporate Sustainability Due Diligence Directive (CS3D).
To recap and in summary, CSRD required around 46,000 companies established in the EU, and non-EU entities with a large presence in the EU, to report in their annual accounts their ESG impacts and opportunities. Reporting created greater transparency but became very costly and burdensome due to uncertain obligations, information requests across global value chains and untested ESG reporting standards.
Shale Law Weekly Review—Week of January 12, 2026
PA Impact Fee: Pennsylvania Approves New Grants for Infrastructure, Environmental, and Community Projects
On December 19, 2025, The Department of Community and Economic Development announced the approval of 135 projects funded by the Pennsylvania Impact Fee, also known as Act 13 of 2012. Through the Impact Fee, the Pennsylvania Public Utility Commission collects fees
ESG and Sustainability Insights: 10 Things That Should Be Top of Mind in 2026
This year we expect ESG/sustainability to be influenced by several macro trends, including technology, geopolitics, and capital markets.
By Paul A. Davies, Betty M. Huber, and Michael D. Green
In 2026, we expect that business and legal leaders who successfully disentangle and separate economic, political, and legal risk with a clear strategic focus
A Product Market Surveillance Authority for the European Union?
In its public consultation on the review of the Market Surveillance Regulation (EU) 2019/1020, the European Commission suggests the possibility of “establishing an EU Market Surveillance Authority” to improve enforcement against products that do not comply with EU legislation regulating the environmental and safety requirements of products (“product legislation”).
The Commission’s review aims to