On May 11, 2026, the U.S. Environmental Protection Agency (EPA) issued guidance intended to streamline the review and issuance of Title V operating permits under the Clean Air Act. This guidance may effectively reduce Title V permitting timelines, particularly where public opposition is limited. EPA’s guidance promotes parallel EPA and public comment reviews, earlier permit
European Commission publishes revised ESRS for consultation
On 6 May 2026, the European Commission (“EC”) published its consultation on draft final revised European Sustainability Reporting Standards (“ESRS”), alongside a draft voluntary reporting standard for certain SMEs (“VSME”). The revised ESRS are intended to simplify sustainability reporting under the EU Corporate Sustainability Reporting Directive (“CSRD”)
Environmental Permitting for AI Data Centers: Federal Acceleration, Federal Lands, and State Resistance
The environmental permitting landscape for data centers is shifting rapidly, with federal and state regulators often pulling in opposite directions. The Trump Administration has moved to accelerate federal environmental review and to open federal lands for data center siting. States and localities have responded by tightening scrutiny of the energy, water, and land use impacts
The Packaging EPR Lawsuit You’re Not Watching—But Should Be
If you follow extended producer responsibility (EPR) litigation, your inbox has been full of updates about Oregon. For good reason: the National Association of Wholesaler-Distributors (NAW) filed suit in federal court in July 2025 challenging the constitutionality of Oregon’s Plastic Pollution and Recycling Modernization Act, secured a preliminary injunction in February 2026, and has a trial date set for July. That’s high drama with potential real ramifications (although the court did rule that the injunction only covered entities who were members of NAW when the injunction issued and the court has denied at least one motion by other groups to intervene in the lawsuit as plaintiffs). The recent release of lists of compliant and non-compliant entities was also quite unexpected.
While everyone is focused on the Pacific Northwest, a second packaging EPR lawsuit quietly landed in Colorado, one of the other states with more advanced EPR programs. It deserves serious attention from manufacturers and distributors operating anywhere in the country.
DOE Issues Updated Guidance for Energy Dominance Financing Program
The Department of Energy’s updated Title 17 program guidance implements the One Big Beautiful Bill Act, broadening eligible energy infrastructure while shifting program priorities toward energy dominance, grid reliability, and critical minerals supply chain security.
NRC Finalizes Generic Environmental Impact Statement for New Nuclear Reactors
The NRC’s new approach to environmental review has the potential to streamline approvals for a range of nuclear projects.
By Nikki Buffa, Karl Karg, Aron Potash, Lucas Quass, and Samantha Yeager
Key Points:
- The GEIS covers a wide range of NRC licensing actions for new reactors, including construction permits, operating licenses,
DOE Issues Revised Title 17 Loan Program Guidance
On May 13, 2026, the US Department of Energy’s (DOE) Office of Energy Dominance Financing (OEDF) issued updated Program Guidance for the Title 17 Energy Financing Program. The Title 17 program, originally conceived in Title 17 of the Energy Policy Act of 2005 and periodically expanded and refined since, enables DOE acting through OEDF to
California Air Resources Board Advances CCUS Program with Draft Concepts for Potential Regulations
On May 7, the California Air Resources Board (CARB) announced “Concepts for Potential Regulations for Establishing the Carbon Capture, Removals, Utilization, and Storage (CCUS) Program.” This draft document released by CARB staff furthers the agency’s obligation under California’s Senate Bill 905 (SB 905) to adopt regulations establishing a state permitting framework for approval of
Cal/OSHA’s Draft Workplace Violence Standard: What Employers Should Know
By: Ilana Morady
Cal/OSHA recently issued a revised draft of its general industry workplace violence prevention standard, offering the clearest indication yet of how the Division intends to build on SB 553. Although the rule is not final, the current draft reflects meaningful stakeholder input and signals where compliance expectations are likely headed. Employers should
CEQ Issues Revised Guidance on Categorical Exclusions
The Council on Environmental Quality issued revised guidance that clarifies the use of categorical exclusions in environmental reviews and outlines updated documentation and review expectations for federal agencies.