Background
The Council on Environmental Quality (CEQ) published an interim final rule (Rule) in the Federal Register that removes its regulations implementing the National Environmental Policy Act (NEPA) at 40 CFR § 1500 et seq., effective April 11, 2025. CEQ seeks comments on the Rule to inform its decision process, due March 27, 2025.
NEPA is
The Commission’s proposal seeks to reshape EU Sustainability requirements by amending CSRD, CSDDD, EU Taxonomy, and CBAM.
By José María Alonso, Paul A. Davies, Fabrice Fages, Michael D. Green, Nicola Higgs, David Little, Cesare Milani, Axel Schiemann, James Bee, and Toon Dictus
On 26 February
Water Quality: EPA Approves Class VI Primacy Application for West Virginia
On February 18, 2025, the Environmental Protection Agency (EPA) announced their approval of West Virginia’s Class VI primacy application for injecting CO2 into “deep rock formations.” The EPA approved the application under the Safe Drinking Water Act, finding that West Virginia is “best positioned
One month into the tenure of new EPA administrator Lee Zeldin, EPA’s initiatives regarding PFAS remain unclear. A read of the tea leaves from Zeldin’s confirmation hearing and the Trump administration’s early actions suggest general support for existing PFAS regulations and funding initiatives. However, it is unclear how this will fit in with the
Supremacy Clause and Dormant Commerce Clause claims against SB 253 and SB 261 were dismissed, while claims under the First Amendment proceed to discovery.
By Joshua Bledsoe, Nikki Buffa, Betty M. Huber, and Matthew Green
On February 3, 2025, in Chamber of Commerce of the United States of America et al. v.
This grant of authority could accelerate the permitting process for carbon capture and storage projects in the state.
By Joshua T. Bledsoe, Nikki Buffa, Jennifer Roy, and Samantha Yeager
On February 18, 2025, the US Environmental Protection Agency (EPA) approved a final rule granting West Virginia primary enforcement authority, or “primacy,” for
Regulation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) in soils under New York’s remedial programs was a little erratic in 2024. As to their inclusion in the New York State Department of Environmental Conservation’s (NYSDEC) regulations found at 6 NYCRR Part 375, PFOA and PFOS were in…until they were out. As to their inclusion
This Week—Fri. Feb. 28: Understanding the Basics of Pesticide Drift
Agribusiness: Federal Court Lifts Stay on BOI Reporting Requirements, FinCEN Publishes New Deadline
On February 17, 2025, the U.S. District Court for the Eastern District of Texas issued an order lifting its previous stay of the Corporate Transparency Act’s (CTA) Beneficial Ownership Information (BOI) reporting
Air Quality: The U.S. Supreme Court Denies Solicitor General’s Motions for Abeyance in Environmental Cases
On February 6, 2025, the United States Supreme Court ordered that two environmental cases against the EPA would not be granted abeyance (a pause or postponement), which was moved for the Acting Solicitor General. The Supreme Court denied abeyance in
Stakeholders should anticipate potential delays and market impacts amid the ongoing legal challenges and the Office of Administrative Law’s recent disapproval.
By Joshua Bledsoe, Winston Stromberg, Brian McCall, and Samantha Yeager
Environmental groups and a biofuel trade association are challenging the California Air Resources Board’s (CARB’s) November 2024 amendments to the California