On the heels of an action by states challenging the Trump administration’s efforts to block federal permits for offshore wind development a lawsuit filed by 15 states on May 9, 2025, claims that the administration misapplied the National Emergencies Act in declaring a national energy emergency. The emergency declaration, announced in a January 20, 2025,
New Mexico Enacts Sweeping Statute Phasing in Restrictions on PFAS in Products, Contemplating “Currently Unavoidable Use” Exemptions
In early April 2025, New Mexico enacted a statute restricting intentionally added PFAS in products, similar in scope to Maine’s and Minnesota’s existing laws. The New Mexico statute imposes a ban on sales and distribution within New Mexico for multiple categories of products containing intentionally added PFAS, which will become effective January 1, 2027 for
Department of Energy Rulemakings Show What’s in Store under Trump’s Deregulatory Initiative
On May 12, the Federal Register put on public inspection a group of 42 proposed and final rules from the Department of Energy. The rules cover a wide variety of topics, ranging from energy efficiency standards to biofuel production to the conditions attached to grants from the Department. Many of these rules are notable for
Agricultural Law Weekly Review—May 13, 2025
Next Week! Wed. May 21, 2025, Navigating ADA Compliance for Agritourism Guests, Jackie Schweichler presents with the National Agricultural Law Center
Registration Open! 2025 Pennsylvania Agricultural Law Symposium—Thurs. Sept. 18, 2025
Pesticides/Herbicides: Pennsylvania Superior Court Upholds $175 Million Roundup Verdict Against Monsanto, Finds No FIFRA Preemption
On May 8, 2025, the Pennsylvania Superior
Services Propose to Remove Habitat Modification from ESA’s Definition of ‘Harm’
The U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) have proposed to rescind the regulatory definition of “harm” under the ESA to generally remove consideration of habitat when analyzing impacts to covered species. This move has potential to dramatically impact species conservation efforts and developer and landowner obligations under the Endangered Species Act.
Shale Law Weekly Review—Week of May 12, 2025
Public Lands: Department of Interior Announces Plans to Decrease Review Time for Energy Project Assessments
On April 23, 2025, the Department of the Interior (DOI) announced that it would be “accelerat[ing] the development of domestic energy resources and critical minerals” through certain “emergency permitting procedures.” The procedures will help a variety of energy projects, such
Litigation Over PFAS Designation as Hazardous Substances Remains on Hold
On April 30, 2025, the U.S. Court of Appeals for the D.C. Circuit granted an additional 30-day abeyance in the challenge to EPA’s Final Rule designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances. (89 Fed. Reg. 39124 (May 8, 2024).
The U.S. Environmental Protection Agency (EPA) requested an additional 30 days
NY’s Superfund Law Poised for Overhaul: Aligning with CERCLA and Accounting for Environmental Justice
New York’s legislature has passed significant amendments to New York’s Environmental Conservation Law concerning the Inactive Hazardous Waste Disposal Site Remedial Program—commonly referred to as the State Superfund program.
What are the top 10 things you need to know about UK CBAM?
The UK government is currently consulting on draft primary legislation establishing a UK Carbon Border Adjustment Mechanism (“CBAM”), which is set to come into force from 1 January 2027. The current consultation is limited to ensuring that the draft primary legislation implements the Government’s stated policy intent, rather than seeking further stakeholder comment on the
States Sue Trump Administration Over Blocked Wind Developments
On Monday, May 4, 2025, a coalition of 17 states and the District of Columbia filed suit in Massachusetts District Court over the Trump administration’s efforts to block federal permits for all offshore wind development. The administration’s policy was announced in a January 20, 2025 executive order placing federal permitting of wind projects on hold